Lexploria

Communicated on 9 October 2018

THIRD SECTION

Application no. 10723/18 Pavel Yevgenyevich KUROV against Russia and 6 others – 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 th e substantive aspect of Article 3 in contained in A ppendix no. 1. The reaction of the domestic authorities to the applicants ’ complaints is reflected in Appendix no. 2.

The applicant in case no. 13701/18 also complained under Article 6 of the Convention about the use of evidence obtained as a result of ill-treatment in the criminal proceedings against him, in breach of this Convention provision.

The applicants also raised other complaints, subject of well-established case-law of the Court (see Appendix no. 3).

The table of cases:

No.

Application number

Introduction date

Name of the applicants / date of birth

/ place of residence

Represented by

1.

10723/18

21/02/2018

Pavel Yevgenyevich KUROV

29/04/1997

Lipetsk

Natasha Ognyanova DOBREVA

2.

11545/18

24/02/2018

Igor Viktorovich VLASOV

05/03/1972

Samara

3.

12875/18

19/02/2018

Andrey Grigoryevich GOLOVACHEV

22/06/1967

Kharp

4.

13701/18

12/03/2018

Biyarslan Narimanovich AKAYEV

16/06/1987

Sheksna

5.

16097/18

29/03/2018

Sultankhan Ibragimovich IBRAGIMOV

01/05/1963

Makhachkala

Kirill Nikolayevich KOROTEYEV

6.

22821/18

25/04/2018

Gennadiy Vasilyevich YUDIN

02/02/1971

Varskiye

7.

24996/18

24/05/2018

Taygib Zalbegovich ZALBEGOV

04/10/1982

Makhachkala

Kirill Nikolayevich KOROTEYEV

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 A rticle 3 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 cases nos. 12875/18 and 22821/18, the Government are requested to submit the following documents: p re-investigation inquiry materials; decisions of the prosecutorial and investigative bodies quashing the refusals to institute criminal proceedings; medical cards or any other relevant documents.

5. As regards case no. 13701/18, h aving regard to the use of the applicant ’ s “statement of surrender and confession” ( явка с повинной ), which was allegedly obtained as a result of his ill-treatment by the police and in the absence of a lawyer, did the applicant have a fair hearing, in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Turbylev v. Russia , no. 4722/09, 6 October 2015)? The reference in being made to the appeal judgmen t of 12 December 2017 of the Supreme Court of the Dagestan Republic.

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.

10723/18 Kurov v. Russia

04/06/2015

Bobrov prison (disciplinary cell), Voronezh Region

The applicant was hit with the right arm on the left side, hit with fists upon the belly and ribs, kicked upon ribs and hips, hit and pulled over the ear, kicked upon the ankles

prison guards of Bobrov prison A. G. and A. F.

23/06/2015

Forensic examination report

Voronezh Regional Bureau of Forensic Medical Examination

Bruises on the right shoulder, bruise on the left ankle

2.

11545/18

Vlasov v. Russia

22/01/2013

Police department Tolyatti

Punches and kicks on the head and face

Police officers

23/01/2013

Certificate

Tolyatti traumatology centre

Bruises on soft issues of face, right temple, top of the head

3.

12875/18

Golovachev v. Russia

27/02/2015

IZ-1 Krasnodar Region

The applicant was handcuffed backwards and put into a transit box for three hours. One of the guards repeatedly entered the box and twisted the applicant ’ s arms.

Detention facility ’ s guards

01/03/2015

Medical examination upon the applicant ’ s arrival at IZ-1 Volgograd Region

IZ-1 Volgograd Region

Haematomas on the right and left forearms

4.

13701/18 Akayev v. Russia

10/02/2017

Endirey village, Khasavyurt District, Dagestan Republic

Police

10/02/2017

A forest near the Endrey village, Police station of the Khasavyurt District of the Dagestan Republic

Beatings, electrocution

Police officers

12/02/2017

Medical certificate

IZ-3 of the Dagestan Region

Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands.

The applicant was arrested by police officers while he was on his way from the Endirey village. According to the applicant the policemen were wearing masks.

03/03/2017

Forensic medical report no. 85

Forensic Bureau of the Khasavyurt District

Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands. It is possible that the applicant got these injuries in the way described.

03/07/2017

Expert report no. 51/07-M/17

Centre of the medical and criminological research

Bruises around the eyes, a bruise on the lower back, abrasions on the fingers of both hands. It is possible that the applicant got these injuries in the way described.

5.

16097/18 Ibragimov

v. Russia

23/03/2016 at 17.30

Dagestan , Makhachka -la, Gazmat Tsadassa str .

Police

from 22/03/2016 to 30/03/2016

Unknown location

He was kept in an unidentified location for 8 days. He was beaten with hands and legs on his head, face, torso and feet. He was electrocuted.

Police officers

04/04/2016 at 10.40

Expert report

Forensic Bureau of the Dagestan Region

Multiple bruises: face, left shoulder, shins, knees. Small round liaisons on his hands. It is possible that the applicant had received these injuries the way he described.

Plain clothed police officers entered his father ’ s house. They took the applicant by force and placed him in a car. He was then taken to the Sovetskiy District Police Station and then moved to an unknown location

16/12/2016

Information letter

Medical Unit No. 3, Makhachkala

Bruises: right shoulder, fingers on both hands , right knee, left part of the chest. Aerothorax . Broken ribs: 6-8, left side.

6.

22821/18 Yudin v. Russia

12/03/2016 at about 11 a.m.

Ryazan Region, Varskiye , Shkolnaya Street, near the applicant ’ s house

Police

from 12/03/2016 to 14/03/2016

Police Department in the Ryazanskiy District of Ryazan (Ryazan, 2nd Prudnaya Street, 10a)

The applicant was beaten by hands and legs on his head, face, and body. He also claims that he was beaten with the help of various office stationery and a rubber dildo. According to him, the police officers also tried to choke him by putting a knee on his neck which made him lose his consciousness.

Police officers Va., Bi. and three other unnamed police officers

15/03/2016

Extract from medical file no. 9116

Traumatology centre at Ryazan City Hospital

no. 2

Soft-tissue bruises on the head, face and both lower legs

Arrested on the administrative charge of being in a public place in a state of alcoholic intoxication (Art. 20.21 CAO), escorted to the police station to draw up a record of administrative offence, on 14/03/2015 brought to the local Justice of the Peace for administrative trial

7.

24996/18 Zalbegov

v. Russia

01/11/2016 at 2.00 am

Makhachkala, Sadovoye tovarisches-tvo str. 80

Police

01/11/2016

Police car and near Kirovskiy police station, Makhachka -la

The applicant was allegedly hit on the head and held by the neck by police officer in the car on the way to the police station. After that, near the police station the applicant was punched and kicked by officers.

Police officers

01/11/2016

Medical Certificate

Traumatology centre at Makhachkala

Bruise at the right chest side

The police officers approached the applicant who was repairing his car. They checked his documents and tried to search the applicant. After he inquired of the reason for the search, the officers decided to escort him to the police station.

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.

10723/18 Kurov v. Russia

08/06/2015

Investigative Committee of the Russian Federation

Criminal Investigation

21/07/2015

The criminal investigation was terminated on 21/12/2015 (“no evidence of violence by the prison guards”). The applicant unsuccessfully challenged the refusal in court (Appellate Decision of the Voronezh Regional Court of 21/08/2017).

2.

11545/18

Vlasov v. Russia

18/02/2013

Investigator

Consistently refused

29/12/2017

Latest refusal to prosecute - 17/11/2017, quashed on 29/12/2017 The courts established unreasonable delays in the course of the investigation on two occasions (15/07/2016 and 23/01/2017)

3.

12875/18

Golovachev v. Russia

07/08/2015

Investigative Committee of Russia; Prosecutor ’ s Office of the Krasnodar Region

Consistently refused

11/04/2015; 06/04/2017; 22/09/2017; 08/12/2017

The Investigative Committee refused to institute criminal proceedings on four occasions (last time - on 08/12/2017); its refusals were quashed on, at least, three occasions: 27/03/2017, 12/09/2017 and 24/11/2017; the applicant also attempted to lodge complaints under Art. 125 CCrP with the domestic courts, however, the court proceedings were subsequently terminated as the refusals had been quashed and additional pre-investigative inquiry had been ordered (see, for instance, decisions of the Oktyabrskiy District Court of Krasnodar of 27/03/2017 and 12/09/2017)

Remarks: The applicant received a copy of the initial refusal to institute criminal proceedings of 11/04/2015 only on 16/11/2016. The refusals to institute criminal proceedings were taken on formal grounds as the information requested had not been provided by the detention facilities involved.

4.

13701/18 Akayev v. Russia

14/02/2017

Investigator

Refused, then granted

03/05/2017 - refusal to initiate a criminal case.

On 08/08/2017 the refusal was annulled

The investigation seem to be pending (refusal to initiate a criminal case was annulled on 08/08/2017). Trial and appeal court looked into ill-treatment allegations and dismissed them (appeal judgment of 12/12/2017)

Remarks: The trial court provided no plausible explanation to the applicant ’ s injuries was provided (except for the general phrase that the force was used during the applicant ’ s arrest)

5.

16097/18 Ibragimov

v. Russia

22/07/2016

Investigator

Consistently refused

25/07/2016, 01/03/2017, 17/06/2017

The applicant appealed against the refusal of 25/07/2016 under Article 125 of CCP. However, the refusal was quashed by the higher investigator and court proceedings were discontinued. Refusal of 15/05/2017 was quashed by higher investigator. Refusal of 17/06/2017 was appealed against under Article 125. The proceedings were also discontinued on 29/09/2017.

6.

22821/18 Yudin v. Russia

15/03/2016

Investigative Committee of the Russian Federation

Consistently refused

14/04/2016; 10/11/2016; 25/12/2017; 18/03/2018

The Investigative Committee refused to institute criminal proceedings on at least four occasions (last time - on 18/03/2018); its refusals were quashed by the prosecutor ’ s office on at least three occasions; the applicant also attempted to lodge complaints under Article 125 CCrP with the Zheleznodorozhniy District Court of Ryazan, however, the court proceedings were both times terminated as the refusals had been quashed and additional pre-investigative inquiry had been ordered (see the respective court decisions of 04/12/2017 and 20/02/2018).

7.

24996/18 Zalbegov

v. Russia

n/a

Investigative Committee of the Russian Federation

Consistently refused

Refusals to initiate criminal proceedings: 22/03/2017, 12/07/2017

The Investigative Committee consistently refused to initiate criminal proceedings. All these refusals were quashed by domestic courts. The latest refusal took place on 12/07/2017. The first instance court quashed it on 20/11/2017. Upheld on appeal on 17/01/2018.

No.

Application No. and Title

APPENDIX No. 3 Other complaints under the well-established case-law

1.

16097/18 Ibragimov v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -

from 22/03/2016 to 30/03/2016 ; the applicant was taken to an unknown location by police officers. No record.

2.

24996/18 Zalbegov v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis -

01/11/2016 at 2.00 am ; the applicant ’ s arrest had no valid justification

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KUROV v. RUSSIA and 6 other applications

KUROV v. RUSSIA and 6 other applications

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