Lexploria

Communicated on 8 November 2018

THIRD SECTION

Application no. 381/11 Ivan Valeryevich SHILNIKOV against Russia and 6 other applications – see appended list

STATEMENT OF FACTS

The applicants complained under Articles 3 and 13 of the Convention that they had been subjected to ill-treatment by State officials and that the State failed to conduct an effective domestic investigation into those incidents. All of the applicants submitted that their attempts to initiate criminal investigation in connection with the incidents proved futile.

The relevant details regarding the applicants ’ allegations and their version of factual circumstances are reflected in the attached appendices. The information regarding the alleged breach of the substantive aspect of Article 3 in contained in Appendix no. 1. The reaction of the domestic authorities to the applicants ’ complaints is reflected in Appendix no. 2.

The table of cases:

No.

Application number

Introduction date

Name of the applicants / date of birth

/ place of residence

1.

381/11

15/11/2010

Ivan Valeryevich SHILNIKOV

22/06/1983

Chelyabinsk

2.

34503/17

29/04/2017

Vladislav Valeryevich SHCHERBAKOV

24/11/1977

Nakhodka

3.

43396/17

13/10/2017

Vladimir Vasilyevich IVANOV

31/03/1957

Krasnoyarsk

4.

7150/18

5/02/2018

Stanislav Pavlovich KLIMENKO

25/06/1991

Sterlitamak, Republic of Bashkortostan

5.

7539/18

02/02/2018

Eduard Grigoryevich PALADYAN

10/04/1955

Anapa

6.

9929/18

09/02/2018

Zubaydulo Aliyevich KADYROV

22/04/1969

Omsk

7.

10918/18

15/02/2018

Roman Vladimirovch PRISYAZHNYY

20/02/1978

Artem , Primorskiy Region

QUESTIONS

1. Having regard to the injuries found on the applicants after the time spent by them in State custody, have the applicants been subjected to torture, or inhuman or degrading treatment, in breach of Article 3 of the Convention (see, among other authorities, Razzakov v. Russia , no. 57519/09, 5 February 2015; Gorshchuk v. Russia , no. 31316/09, 6 October 2015; Turbylev v. Russia , no. 4722/09, 6 October 2015; Fartushin v. Russia , no. 38887/09, 8 October 2015; Aleksandr Andreyev v. Russia , no. 2281/06, 23 February 2016; and Leonid Petrov v. Russia , no. 52783/08, 11 October 2016 )?

2. Have the authorities discharged their burden of proof by providing a plausible or satisfactory and convincing explanation of how the applicants ’ injuries were caused (see Selmouni , cited above, § 87, and Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000 ‑ VII and Bouyid v. Belgium [GC], no. 23380/09, § 83 and further, ECHR 2015 )?

3. Did the authorities carry out an effective investigation, in compliance with the procedural obligation under Articles 3 and 13 of the Convention (see Lyapin v. Russia , no. 46956/09, §§ 125-40, 24 July 2014), having regard to:

(a) the investigating authorities ’ refusals to open criminal cases and investigate the applicants ’ allegations of ill-treatment by the State officials, and the overruling of those refusals as unlawful and unsubstantiated by higher investigative authorities or courts, and

(b) the investigating authorities ’ inability to implement full investigative measures within the framework of the pre-investigation inquiries, before and/or after amendments to the Code of Criminal Procedure introduced by Federal Law no. 23-FZ of 4 March 2013, for example, confrontations, identification parades, searches, and so forth?

4. As regards case no. 381/11, the Government are requested to submit the following documents: Pre-investigation inquiry materials; order on refusal to institute criminal proceedings of 31/03/2016; record of the applicant ’ s arrest of 08/02/2015.

5. As regards case no. 43396/17, the Government are requested to submit the following documents: Pre-investigation inquiry materials; records of the applicant ’ s arrests; forensic medical examination report of 18/09/2002; medical card of the applicant.

No

Application No. and Title

APPENDIX No. 1

Article 3 - Substantive aspect

ARREST

ALLEGED ILL-TREATMENT

EVIDENCE

Date

Time

Facts

Region Town Street

Entity

Date

Time

Location

Alleged Facts

Perpetrator(s)

Date

Doc Type

Authority

Description of Injuries

1.

381/11

Shilnikov v. Russia

20/04/2009

Chelyabinsk

Criminal Investigation s Unit of Kalininskiy Region in Chelyabinsk

20/04/2009 During and after arrest

On the street in Kalininskiy Region of Chelyabinsk and in the office of the Kalininskiy District Police Department in Chelyabinsk

The applicant was beaten by police officers of the Criminal Investigations Unit during his arrest in the street and in their office

Police officers of the Criminal Investigations Unit

21/04/2009 (medical examination conducted by Third City Hospital ;

Medical Certificate

Third City Hospital

Multiple hematomas of soft tissues of the head and face and lower jaw

Arrested on the suspicion on having committed a criminal offence

2.

34503/17

Shcherbakov v. Russia

08/02/2015 (01:00 (according to the applicant) or 20:10 (according to the detention order of 12/02/2015))

Nakhodka

Department of the Ministry of Internal Affairs of the Russian Federation in Nakhodka

After arrest

Investigative Unit of the Department of the Ministry of Internal Affairs of the Russian Federation in Nakhodka

The applicant was ill-treated by a group of four criminal police officers during two days after his arrest

Criminal police officers

12/02/2015

Forensic examination report

Nakhodka Inter-District Department of the Forensic Bureau of the Primorskiy Region

"a) abrasions of zygomatic region on the left; bruises on the lower jaw on the left, in the parotideal region on the left with transition to the anterior and posterior surface of the left auricle and the temporal region on the left in the mastoid process dimension; abrasions on the external lateral surface of the left knee joint; b) bruises on the posterior surface of the right mid-shoulder; abrasions in the area of the chest on the left in the dimension of the 5th, 6th and 7th intercostal spaces between the posterior axillary and scapular lines". "The described injuries sustained: in para . а) about one day ago; in para . b) about 3-4 days ago at the moment of examination (10/02/15)". "The injuries above do not entail a short-term health disorder or insignificant persistent loss of general capacity for work".

Arrested on suspicion of having committed a criminal offence

3.

43396/17

Ivanov v. Russia

26/05/2002 after 22:00

Norilsk

Second City Police Department in Norilsk

After arrest

Second City Police Department in Norilsk

The applicant was beaten by a police officer on duty

Police officer on duty

18/09/2002 (medical examination conducted by IZ-4 Krasnoyarsk Region on 05/06/2002)

Forensic medical examination report

n/a

Abrasions on the left shin and in the area of wrist joints

30/01/2004

Norilsk

Department of the Ministry of Internal Affairs of the Russian Federation in Norilsk

After arrest

Criminal Investigations Unit of the Department of the Ministry of Internal Affairs of the Russian Federation in Norilsk

The applicant was beaten and threatened by two police officers of the Criminal Investigations Unit in their office

Police officers of the Criminal Investigations Unit Ba. and Kry .

10/02/2004 - 24/02/2004

Discharge Summary

Norilsk City Hospital no. 1

Closed craniocerebral injury, minor brain contusion, linear fracture of the occipital bone on the left, bruises of the soft tissues of the face

30/06/2004

Norilsk

First City Police Department in Norilsk

After arrest

First City Police Department in Norilsk

The applicant was beaten with a baseball bat by a police officer of the Criminal Investigations Unit in his office

Police officer of the Criminal Investigations Unit Vas.

30/06/2004

Trauma Patient Card

Medical Unit no. 1, Norilsk (Trauma Unit of Norilsk City Polyclinic no. 1)

Soft-tissue bruises, abrasions of the upper limbs, back, buttocks and lower limbs

31/10/2004

Norilsk

First City Police Department in Norilsk

After arrest

First City Police Department in Norilsk

The applicant was beaten by a police officer of the Criminal Investigations Unit in his office

Police officer of the Criminal Investigations Unit Bat.

Issued on 20/04/2007 (medical examination conducted by IZ-4 Krasnoyarsk Region on 02/11/2004)

Medical Certificate

IK-5 Krasnoyarsk Region

Lilac bruises on the inner surface in the middle third of both hips with a diameter of 3.5-4 cm

4.

7150/18

Klimenko v. Russia

13/10/2015, 11:55

Rostov-on-Don, Korolev Avenue

FSKN

13/10/2015, 12:00

FSKN van, near Korolev Avenue, Rostov-on-Don

The applicant was allegedly kicked and punched

FSKN officers

14/10/2015

Medical certificate

Ambulance clinic (GBSMP), Rostov-on-Don

bruise of soft tissues of the chest and of the left ankle

FSKN officers arrested the applicant and escorted him to the police van.

5.

7539/18

Paladyan v. Russia

26/03/2013

Anapa

Federal Security Service (FSB) and Interior Ministry branch of the Krasnodar Region

28/03/2013

IVS Korenovsk , Krasnodar Region

The applicant claimed he had been electrocuted and beaten. He also alleges psychological ill-treatment and threats.

Police officers of Korenovsk , Investigator Mr.M.V .

05/04/2013

Forensic Examination Report no. 140

Forensic Bureau of the Krasnodar Region

Abrasions on the fingers of both hands, both knees, back, shoulders, elbows. a bruise on the back.

Arrested on the suspicion of being an accomplice in a committed murder

12/04/2013

Expert report no. 2053/2013

Forensic Bureau of the Krasnodar Region

Abrasions on the fingers of both hands, both knees, back, shoulders, elbows. A bruise on the back.

Conclusion: the applicant has several burn marks that evidence that the applicant was electrocuted. The described injuries sustained about 1-2 weeks prior to the date of examination.

17/10/2013

Expert report no. 446/2013

Forensic Bureau of the Krasnodar Region

Same injuries found (see two reports above). The expert found, however, that there is no evidence that the injuries were sustained as a result of electrocution.

6.

9929/18

Kadyrov v. Russia

07/06/2010 to 10/06/2016

IK-8 Omsk

Handcuffing, arms tied behind the back and fixed to a grid behind the applicant ’ s head, electrocution

Employees of the IK, L., E., Lu., P.

19/07/2016

Examination report, incl. photos (examination of the open zone of the arms and of feet only)

Investigator Zh .

Abrasion of the left wrist, two ‘ dots ’ , at 2mm one from the other, on the skin of the left little finger; a spot on the left foot identified by the applicant as an injury

Unspecified

Expert report no. 8796 (cited in a refusal to prosecute)

Unspecified

The expert report was based on documents only, mainly on the examination report. No new injuries found

7.

10918/18

Prisyazhnyy v. Russia

14/01/2014

Police department Dalnerechensk

Placing a plastic bag over the applicant ’ s head

Police officers

09/03/2016 (indirect evidence)

Expert report no. 041

Expert group of the Ministry of Interior

The expert report confirms the applicant ’ s allegation that he signed the record of 14/01/2014 with his left hand (he is a right-handed person) in order to further prove the duress

26/02/2014

Police department Vladivostok

Beatings

Police officers

12/03/2014

Certificate

Vladivostok Hospital No. 2

Brain concussion, fracture of the nose bone, bruises on soft issue of the chest and of the upper limbs

No

Application No. and Title

APPENDIX No. 2

Article 3 - Procedural aspect

DOMESTIC COMPLAINT AND THE GOVERNMENT REACTION

Date of Complaint

Authority

Type of Reaction

Date(s)

Procedural Outcome

1.

381/11

Shilnikov v. Russia

27/04/2009

The Investigation Unit of the Investigative Committee of the Chelyabinsk Region

Consistently refused

27/05/2009 (refusal to institute criminal proceedings); 09/06/2010 (first instance court ’ s decision); 19/08/2010 (appellate court ’ s decision)

Pre-investigation inquiry; refusal to institute criminal proceedings upheld by the domestic courts of two instances

Remarks: The applicant was sentenced by the judgment of the Kalininskiy District Court of Chelyabinsk of 18/06/2010 upheld on appeal on 07/10/2010.

2.

34503/17

Shcherbakov v. Russia

n/a

The Investigative Unit of the Investigative Department of the Investigative Committee of the Russian Federation for the Primorskiy Region in Nakhodka

Consistently refused

31/03/2016

Pre-investigation inquiry; refusal to institute criminal proceedings

Remarks: The applicant raised his complaint about ill-treatment during his trial by the Nakhodka City Court of the Primorskiy Region (decision of 27/05/2016) and in his appeal to the Primorskiy Regional Court (decision of 01/11/2016).

3.

43396/17

Ivanov v. Russia

18/07/2013

The Investigative Unit of the Central Investigative Department of the Investigative Committee of the Russian Federation for the Krasnoyarsk Region in Norilsk

Consistently refused

22/04/2016 (latest refusal to institute criminal proceedings); 04/09/2016 (first instance court ’ s decision); 06/04/2017 (appellate court ’ s decision)

Pre-investigation inquiry; refusal to institute criminal proceedings upheld by the domestic courts of two instances

Remarks: It appears from the case materials that the applicant resisted during his arrest on 26/05/2002 and the injuries might have resulted from the lawful use of force by the police officers.

4.

7150/18

Klimenko v. Russia

20/10/2015

Investigative Committee of the Russian Federation

Consistently refused

Refusals to initiate criminal proceedings: 09/11/2015, 23/11/2015, 17/02/2016, 16/03/2016, 29/04/2016, 28/07/2016, 02/02/2017

The Investigative Committee consistently refused to initiate criminal proceedings. All these refusals were upheld by domestic courts. First instance upheld them on 14/06/2017. Upheld on appeal on 24/08/2017 by the Rostov Regional Court.

5.

7539/18

Paladyan v. Russia

29/11/2013

Investigator (in the applicant ’ s criminal case). The applicant made his statement during one of the questionings

Criminal investigation

On 05/08/2015 a criminal inquiry into the ill-treatment allegations was initiated. The investigation seems to be pending.

Criminal investigation is pending. Despite the fact that the trial court excluded multiple pieces of evidence due to plausibility of ill-treatment allegations, no progress is seen in the criminal investigation. Trial judgment date - 11/10/2016, appeal - 03/11/2017

Remarks: Possible issues with length of investigation, its thoroughness (no specific procedural steps seem to have been taken by the authorities).

6.

9929/18

Kadyrov v. Russia

08/07/2016

Investigator

Consistently refused

Latest refusal - 24/08/2017

Five times a refusal to prosecute was issued and then quashed. On 31/10/2016 a prosecutor requested to speed up the proceedings.

Remarks: The only motive indicated in most of the refusal to prosecute - unavailability of the expert report. In August 2017 the alleged perpetrators were questioned, they denied the allegations , no other evidence has been examined.

7.

10918/18

Prisyazhnyy v. Russia

12/02/2014 (according to the applicant)

Investigator

Consistently refused

31/08/2017

Latest refusal to prosecute - 06/08/2017, quashed on 31/08/2017

Remarks: All the further refusals to prosecute copied the first one word to word, no new evidence was considered

Menu

SHILNIKOV v. RUSSIA and 6 other applications

SHILNIKOV v. RUSSIA and 6 other applications

LEXI