Lexploria

Communicated on 27 September 2018

THIRD SECTION

Application no. 36741/09 Mikhail Leonidovich GLAZKOV 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 A ppendix no. 1. The reaction of the domestic authorities to the applicants ’ complaints is reflected in Appendix no. 2.

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.

36741/09

19/06/2009

Mikhail Leonidovich GLAZKOV 08/04/1968 Zelenyy

2.

47821/09

14/08/2009

Yuriy Askhatovich NIGMATULLIN 14/06/1981 Tyumen

3.

48648/09

10/09/2009

Magomed Issayevich KODZOYEV 29/01/1984 Amursk

MEMORIAL HUMAN RIGHTS CENTRE

4.

51696/10

10/06/2010

Aleksey Aleksandrovich KAMENSKIY

13/08/1990

Ivanovo

Irina Yevgenyevna SOKOLOVA

5.

1194/12

22/12/2011

Sergey Sergeyevich MESHKOV 26/03/1989 Penza

6.

47771/12

27/06/2012

Dmitriy Aleksandrovich MIKHEYEV 18/02/1978 Nizhniy Tagil

7.

62972/16

18/10/2016

Marat Aleksandrovich MARTYSHEV

28/05/1973

Yangiabad

Olga Anatolyevna GNEZDILOVA

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?

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.

36741/09 Glazko v

v. Russia

13/05/2008 at 12:30

Astrakhan in front of the applicant ’ s house

Astrakhan police

Arrested on suspicion of murder

After apprehension of 13/05/2008

from 12:30 to 18:00

In the countryside (outside the city)

Beating, breaking ribs and dental prosthesis, standing over neck

Police officers Ma., Ve ., S., So. , Li. and 3 others

16/05/2008

Medical report and evidence of 7 witnesses

The report was not enclosed by the applicant, cited by investigator.

"Abrasions in the area of right ankle and right knee, which resulted from an impact of a hard blunt object". Witnesses testified of broken teeth, ribs, having difficulty to move neck and walk, numerous bruises.

2.

47821/09

Nigmatullin

v. Russia

23/11/2007

UBOP GUVD of Tyumen Region

The applicant was tied and thrown on the floor. His head was wrapped with a tape; his clothes were watered for better conductivity; he was tortured with an electric stream approximately from 21:00 to 23:00. The plastic bag was put on his head several times to cause suffocation, in order the applicant signs the confession. Lack of sleep, food and water during questioning at night time.

Police agents from the Organised Crime Unit

03/12/2007

Medical expert examination N9977

Tyumen Regional Bureau of Forensic Medical Examination

No injuries, as the applicant requested for the examination too late and out of fear did not point at the resting injuries.

06/12/2007

Medical expert examination N10096

Bruising on the nose and left cheek.

19/05/2008

ORCh (police investigation premises )

The applicant was forced to wear the gas mask, was beaten and tortured with electricity. Time period : 13:55- 18:50.

Police agents from the Organised Crime Unit

19/05/2008

Extract from the Book of records of pre-trial detention premises IVS N06-08-08

IVS ( temporary detention ward )

Hematomas of right and left eyes; hyperaemic spot on the right shoulder.

3.

48648/09

Kodzoyev v. Russia

11/06/2006

Dept. for Combatting Organised Crimes of Republic North Ossetia- Alaniya

Electric chock and needles under the nails used, beatings with rubber and bottles with water.

Police officers

29/06/2006

Medica l expert report N1301

Medical Forensic Expert Examination Office of Republic North Ossetia- Alaniya .

Bruises on face and scratches on upper limbs.

4.

51696/10 Kamenskiy v. Russia

03/06/2009

at 15:00 apprehend- ed at home (Ivanovo), was told to come to Police Office of Ivanovo Region (in his own car, followed by police officers)

Ivanovo, 2nd Klyuche-vaya Str . (home address)

Police of Ivanovo Region

03/06/2009

17:00 to

21:00

Teykovo Police Office

Applicant was allegedly beaten (hands and truncheon), tortured with plastic bag, was handcuffed and raped (attempt) with the truncheon in order to make him confess in numerous robberies

Teykovo police officers

05/06/2009

Forensic medical report N 1866

State Forensic Bureau

Two bruises on the forehead, a bruise on the left ear, on the neck, two bruises on the right forearm, two bruises on the chest, numerous bruises on the left shoulder, over the back, hips, legs / 1-4 days since infliction.

5.

1194/12 Meshkov

v. Russia

20/09/2011

Police Office

The applicant allegedly got an injection of unknown substance in his arm (no evidence provided). He was severally beaten on his body, with focus on spine, which caused the fracture of the tailbone. The policemen allegedly poured a bottle of vodka into the applicant ’ s mouth

Police officers

20/09/2010

Medical expert examination N88-э, N89-э.

Penza Regional Medical Expert Examination Office

Abrasions of the back side of the left hand; bruising of the subscapular region, abrasions of the left forearm, bruising on the left knee- joint. Traces of 3 strikes. Injuries had been received within 2 days before the examination.

6.

47771/12 Mikheyev

v. Russia

03/07/2011 at 15:30

Kazan

Police department no. 14 " Derbysh-ki "

Administrative arrest for 3 days - no criminal inves - tigation ; then on 06/07/2011 - arrested for the suspicion of having committed a murder

03/07/2011 to 06/07/2011

Police Dept. 14 " Derbyshki"Kazan

Putting a bag and a gas mask on the head, fly ’ s unzipping, induce a current into crotch, stabbing in the back and feet.

Officers of the criminal investigative services

07/07/2011

Forensic examination

Not specified

Bruising on the chest, on the lumbar region, on the left thigh, on the left elbow, on the hip - appeared 7-10 days before the medical examination (28 June – 01/07/2011)

7.

62972/16 Martyshev

v. Russia

09/03/2012

Unknown location

The applicant was placed into a police car where he was punched several times with his eyes covered by a hat. Subsequently he was brought to an unidentified building where he was beaten and electrocuted (fingers and genitals). A police officer stood on the internal part of the applicant ’ s knees while the applicant was lying on the floor.

Police officers

25/10/2012

Medical expert report

Doctors of the Voronezh Bureau of Forensic Medical Examination

Multiple bruises and abrasions on the applicant ’ s body and limbs (including abrasions on the palms causes by electrocution); raptured liver; scarring on the left inner cheek; broken ribs (4-7 on the right).

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.

36741/09

Glazkov v. Russia

unclear

Privolzhsky Invistigator ’ s office of the Prosecution of the Astrakhan Region

Consistently refused

24/11/2008

The Investigative Committee refused to open investigation. The applicant challenged refusal in the national court, but to no avail (Decision of the Privolzhsky District Court of the Astrakhan Region of 23/01/2009).

The applicant alleged that the investigator who refused to open a criminal case was the witness of the applicant ’ s apprehension and of the infliction of physical injuries on him.

2.

47821/09

Nigmatullin v. Russia

29/08/2008

02/02/2009

Public Prosecutor ’ s office of Tyumen

Consistently refused

23/06/2009

The last court decision: The Appeal Court of the Tyumen Region supported the decision of the first instance court not to examine the applicant ’ s complaint under Article 125 in substance.

04/05/2009 14/05/2009 15/05/2009

Courts

3.

48648/09

Kodzoyev v. Russia

28/06/2006

General Public Prosecutor ’ s Office

Consistently refused

29/06/2006

Refusal to open criminal investigation

22/06/2009

Courts

Consistently refused

30/06/2009; 12/08/2009

Refusals to declare unlawful the investigator ’ s decision not open criminal investigation on the issue of the applicant ’ s ill-treatment.

4.

51696/10 Kamenskiy v. Russia

05/06/2009

Investigative Committee of the Ivanovo Region (3.06.09 App ’ s mother/counsel complained at the Police Office of Ivanovo)

Consistently refused

18/06/2009, 03/07/2009, 20/07/2009 refused; 28/07/2009 quashed, 07/08/2009,

27/08/2009 refused, 07/09/2009 quashed, 22/09/2009 quashed, 02/10/2009,

15/03/2010 refused,

no investigation

no complaint under Article 125 but the refusals repeatedly quashed

5.

1194/12

Meshkov v. Russia

Unknown

Investigation Committee

Courts

Consistently refused

28/11/2010 03/01/2011 29/09/2011

Refusal to open criminal investigation

08/08/2012 26/09/2012 17/10/2012 21/11/2012

The Appeal Court overruled the decision of the District Court and sent it for new examination, but by the new decision the applicant ’ s complaint under Article 125 CCrP was dismissed.

6.

47771/12

Mikheyev v. Russia

Not specified. Repeated requests

The Prosecutor ’ s Office of the Sovetskiy Region of Kazan

Consistently refused

11/05/2012

On 22/11/2011 the Supreme Court of Tatarstan convicted the applicant of committing a murder. On 09/02/2012 the Supreme Court of Russia upheld this judgment on appeal. The courts did not find an appearance of infringements concerning the alleged facts of ill-treatment.

7.

62972/16 Martyshev v. Russia

22/03/2012

Investigation Committee

Criminal investigation

On 05/04/2012 the criminal investigation into the ill-treatment was initiated.

The one of two alleged perpetrators (police officer M.) was convicted at first. However, on 17/11/2014 the appeal court reversed the conviction. On retrial the prosecutor dropped charges against M. in part concerning ill-treatment of the applicant. Following that, on 30/11/2015, the trial court discontinued criminal investigation against M. in that part (upheld on 18/04/2016 on appeal). Criminal proceedings against the second alleged perpetrator were suspended on 21/12/2012. The applicant challenged the suspension under Article 125 only in 2016, but to no avail.

No.

Application no. and case title

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

Complaints and events referred to by the applicants

1.

36741/09 Glazkov v. Russia

Art. 5 (3) - 2 - excessive length of pre-trial detention –

from 15/05/2008 to 31/03/2009 lengthy pre-trial detention, insufficient investigative activity during this period.

2.

47821/09 Nigmatullin v. Russia

Art. 3 - 4 - inadequate conditions of detention –

SIZO-2 Zavodoukovsk , from 19/05/2008 to 27/05/2009, cell in basement, no window, no natural light; no access to shower; most of the time kept alone; no writing utensils.

3.

48648/09 Kodzoyev v. Russia

Art. 5 (3) - 2 - excessive length of pre-trial detention –

arrested on 31/05/2006, verdict on 02/02/2011.

4.

51696/10

Kamenskiy v. Russia

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

1. 03/06/2009 at 15:00; apprehended at home as a suspect in robberies; without a warrant

2. 03/06/2009 at 21:00; administrative arrest for the use of force against police, protocol

3. 04/06/2009 at 17:00; released.

5.

1194/12 Meshkov v. Russia

Art. 5 (3) - 2 - excessive length of pre-trial detention –

from 20/04/2010 to 20/06/2011 with insufficient reasoning for prolongation of detention.

6.

47771/12 Mikheyev v. Russia

Art. 3 - 4 - inadequate conditions of detention –

Police department-14 " Derbyshki ", Kazan, from 03/07/2011to 06/07/2011, 1.8x1.5 sq.m ., no water, no light, no toilet; no food, no basic necessities

7.

62972/16

Martyshev v. Russia

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

From 14:00 on 09/03/2012 to 01:00 on 10/03/2012; The applicant was taken from his home by police officers. He was allegedly brought to some unidentified building where he was tortured. Specific facts are not clear .

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GLAZKOV v. RUSSIA and 6 other applications

GLAZKOV v. RUSSIA and 6 other applications

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