Lexploria

Communicated on 5 July 2018

THIRD SECTION

Application no. 25400/10 Igor Anatolyevich GARMASHOV against Russia and 4 other application s – see appended list

STATEMENT OF FACTS

The applicants complained under Article 3 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. Some applicants also relied on Article 13 in the latter respect.

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 table of cases:

No.

Application number

Introduction date

Name of the applicant(s) ; date of birth

place of residence

Represented by

1.

25400/10

31/03/2010

Igor Anatolyevich GARMASHOV

19/03/1977

Shilda

2.

71889/11

01/10/2011

Dmitriy Aleksandrovich NIKONOROV

07/12/1974

Voronezh

3.

19326/13

02/02/2013

Zayndi Umarovich SUGAIPOV

12/07/1977

Gikalo

Ilyas Yakubovich TIMISHEV

4.

26454/13

01/04/2013

Vladimir Vyacheslavovich ARKHIPOV

01/10/1992

Orenburg

Committee against Torture

5.

11405/17

18/01/2017

Igor Zanilovich TAYSINOV

19/03/1977

Shilda

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?

APPENDIX

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.

25400/10

Garmashov v. Russia

19/12/2007 (evening)

Novorossiysk, at the apartment of witness A.

Police, Novorossiysk

Arrested on suspicion of murder

After apprehension (19-26 December 2007)

Department of the Interior for the Central District of Novorossiysk

Blows over the face, back, stomach, hands and legs; applying electric current through human body (through ears, stomach, fingers)

Criminal investigators P. and O.

24/12/2007

Forensic examination report

Forensic Bureau, Novorossiysk Branch

Bruises on the face, body, and hands, appeared out of the impact of blunt hard objects, 6-8 days before the conduct of the examination

2.

71889/11

Nikonorov v. Russia

03/06/2008 at 7.30 am

Train No.409 Kislovodsk-

St Petersburg, station ‘ Rossosh ’

Kominternov-skiy district police department of Voronezh

3/06/2008, 11am-7pm

Kominternov-skiy district police department of Voronezh

Policemen hit and kicked the applicant, who was handcuffed. One policeman beat him at legs and torso with a metal stick

unknown policemen

03/06/2008

Forensic examination report ( заключение эксперта ) No. 1796.08

Forensic Bureau of the Voronezh Region

A blue-coloured bruise on the right thigh, 7*6 cm. Age - not more than 1-3 days. An injury to the right shoulder which, according to the applicant, he got before his arrest.

The applicant was arrested in carriage No. 49 of train No. 409 (Kislovodsk-St Petersburg) on the station ‘ Rossosh ’ . He was then taken to the Kominternovskiy District Police Department of Voronezh. An arrest record was drafted at 7.40 pm

04/06/2008

Report ( акт о наличии телесных повреждений у подозреваемого, обвиняемого )

IVS Officer on duty, Mr Sh.

Bruises on the right hand, on the right side of the torso, on the right leg

17/03/2011

Letter (NB - An ambulance was called on 03/06/2008. All documents were destroyed due to expiry of storage time limits)

Emergency medical aid station of Voronezh

An injury to the chest

02/08/2011

Letter (extracts from the applicant ’ s medical record drafted upon his arrival to the IZ-3 on 10/06/2008)

Medical department of the IZ-3 Voronezh Region

An injury to the right underarm, 2*1.5 cm, surrounded by a bruise of 8cm in radius. A bruise on the right side of the torso, 5*3 cm. A bruise under the right knee, 5*5 cm. A bruise on the right thigh, 10*5 cm

3.

19326/13

Sugaipov

v. Russia

10/04/2010 at 11 a.m.

Village of Yakshul of the Republic of Kalmykia

State Inspection for Road Traffic Safety

10/4/2010

Near village of Yakshul of the Republic of Kalmykia

The applicant, a fuel tanker driver, was bitten in the stomach and neck after having refused to pay a bribe

3 policemen of the State Inspection for Road Traffic Safety

11/04/2010

Certificate ( Справка )

Emergency dep artment of the Chernozemelskiy Central District in the village of Komsomolskaya; Kalmykiya Republic

An injury of the left side of the chest, light cerebral contusion

4.

26454/13

Arkhipov

v. Russia

11/11/2011 around

3:45 a.m.

The Department of Internal Affairs no. 1 in Orenburg

the applicant with one another person were arrested in the car and was ill-treated by the police officers to extract a confession that they stole the car battery

11/11/2011

at 8:30 a.m.

The Department of Internal Affairs no. 1 in Orenburg

The police officer repeatedly beat the applicant with his fists on the head and in the kidney area. The applicant had warned him that he suffered from Von Willebrand disease.

Police officers

11/11/2011

The city hospital named after N.I. Pirogov

Injuries of the soft tissue of the head, bruises on the chest, bruise in the lumbar region

12/08/2011 around

4 a.m.

Orenburg traffic police

12/08/2011

The police officers hit him with their hands and feet on the head, torso and limbs, twisted an arm around his neck and used a taser gun against him.

Four traffic police officers

12/08/2011

at 5:07 a.m.; 16/08/2011

A note from Municipal Hospital no. 4; forensic medical report no. 6253; forensic medical report no. 6370

Municipal Hospital no. 4

Medical records revealed multiple injuries on the applicant ’ s head, chest, upper and lower limbs. Some of these injuries were paired at a distance of 2.5 to 4 cm which coincided with the two electrodes of the taser gun.

5.

11405/17

Taysinov

v. Russia

08/09/2011 at 6 a.m.

Orenburg region, Shilda Vokzalnaya St.

OMON UMVD in Orsk, Orenburg region

Arrest on charges of theft

During detention (on 08/09/2011)

MRO #1 Orsk, Orenburg region

Handcuffing, battery, psychological pressure

Police officers M., S., K1, K2

12/09/2011

Medical certificate

Forensic bureau of Orenburg region (Adamovskiy branch office)

Bruises on anterior surface of middle- and lower-third of dextral upper-arm (total - 1), on anterior surface of upper-third of sinistral upper-arm (total - 1), on superficies of sinistral knee-joint (total - 2), on superficies of the upper-third of dextral thighbone (total - 1); hematomas of soft tissues on superficies of lower-third sinistral surae; two scratches on internal surface of dextral ankle joint

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.

25400/10

Garmashov v. Russia

27/08/2008

Investigative Committee of Novorossiysk

Consistently refused

14/01/2010

The Investigative Committee several times refused to open an investigation. The applicant challenged refusal in the national court, but to no avail (Decision of the Oktyabrskysky District Court of Novorossiysk of the Krasnodar Region of 11/12/2008), as the decision to refuse to open an investigation was quashed by the investigator just before the hearing. The appeal against Prosecutor ’ s decision was discontinued and examined within criminal proceedings, the court questioned the witnesses of the alleged torture.

The decision to refuse to open an investigation was numerously quashed. Challenging the decision in court did not bring any results. The court ’ s examination of the applicant ’ s complaints was not thorough, as only full criminal investigation of the applicant ’ s complaints could have confirmed or rebutted his complaints.

2.

71889/11

Nikonorov v. Russia

16/06/08 - complaint to the prosecutor ’ s office

Investigators of the Cominternovskiy District of Voronezh

Consistently refused

Ten refusals to initiate criminal proceedings (first refusal - 14/08/2008, last - 19/10/2010). The applicant filed eight Article 125 complaints. (first decision - 24/11/2008 (first instance); last - 05/04/2011 (cassation appeal).

Ten refusals to initiate criminal proceedings were consistently set aside. The applicant filed eight Article 125 complaints. The complaints were constantly refused since some days prior to judicial decisions the refusals to initiate criminal proceedings had been reversed. Final decision - (Voronezh Region Court, cassation appeal) - refusal to initiate criminal proceedings.

Numerous refusals to initiate a criminal case, lack of sufficient reasoning (refusals are quite alike). No version explaining the origin of injuries

3.

19326/13

Sugaipov v. Russia

11/04/2010

Investigative Committee o f t he Republic of Kalmykia

Consistently refused

23/04/2010 investigation refused (annulled on 29/05/2010), 08/06/2012 investigation refused (annulled on 12/08/2012), 11/09/2012 investigation refused

Yashkul District Court of the Republic of Kalmykia, decision of 24/09/2012 on investigator ’ s inactivity (Cassation decision of 27/11/2012)

Refusals to bring criminal proceeding of 23/04/2010, 08/06/2012, 11/09/2012 and their annulments of 29/05/2010 and 12/08/2012; any other documents related to the inquiry into the applicant ’ s ill-treatment complaints

4.

26454/13

Arkhipov v. Russia

11/11/2011

the Investigative Committee of the city of Orenburg

Consistently refused

1/12/2011; 13/03/2012; 13/04/2012; 16/05/2012

after the 4th decision to decline to open a criminal investigation on 16/05/2012, the applicant filed an appeal under A125, on 20/08/2012 the Lenin District Court rejected the applicant ’ s appeal. This decision was upheld by the Orenburg Regional Court on 04/10/2012

According to the authorities ’ version of events, the applicant was not subjected to ill-treatment

12-16/08/2011; 18/08/2011

the Department of Internal Affairs no. 3 of Orenburg; the Investigative Committee of Orenburg

Consistently refused

09/09/2011; 03/10/2011;04/10/2011; 07/10/2011; 07/11/2011; 25/01/2012; 22/03/2012; 28/06/2012; 12/10/2012; 09/01/2013

On 15/03/2013 the Central District Court rejected the applicant ’ s complaint because the decision of 09/01/2013 was annulled

According to the authorities ’ version of events the applicant was not subjected to ill-treatment by police and all his injuries were self-inflicted

5.

11405/17

Taysinov v. Russia

09/09/2011

Prosecutor ’ s office - Adamovskiy district

Consistently refused

Refusals, inter alia , on 10/01/2016, 02/08/2016.

Multiple refusals to open criminal investigation

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GARMASHOV v. RUSSIA and 4 other applications

GARMASHOV v. RUSSIA and 4 other applications

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