Lexploria

Communicated on 5 July 2018

THIRD SECTION

Application no. 3294/10 Aleksandr Vladislavovich VOKHMYANIN 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 applicant(s) ; date of birth

place of residence

Represented by

1.

3294/10

14/12/2009

Aleksandr Vladislavovich VOKHMYANIN

14/07/1981

Vostochnyy

2.

54869/10

30/08/2010

Konstantin Georgiyevich TRIANDAFILLIDI 05/03/1972 Velsk

Olga Vladimirovna DRUZHKOVA

3.

72453/11

12/11/2011

Vladimir Viktorovich ZOLOTAREV 13/08/1984 Pechora

4.

16090/12

29/02/2012

Boris Yuryevich KRASNOPEVTSEV

19/05/1973

Kaluga

5.

33037/13

26/04/2013

Igor Mikhaylovich DERGACHEV

26/06/1986

Izhevsk

6.

63876/13

19/08/2013

Sergey Valeryevich NESTEROV 19/08/1973 Sukhobezvodnoye

7.

76685/17

15/08/2017

Yuriy Vladimirovich RUDAK

06/10/1961

Sorda

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 Article 3 and Article 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.

3294/10 Vokhmyanin v. Russia

10/10/2008 at 22:00

Kirov

Police

During arrest 10/10/2008, at 22:00

Kirov, Lenina str.

2 blows on the face, handcuffing

3 men ( police officers )

30/11/2009 ( describing injuries seen on 12/10/2008)

Medical certificate

Medical unit of IZ-43/1

“Cut and avulsed wound of left opisthenar , bruises on the left wrist, below haemorrhagic crusting on the nasal bridge and near upper lip”

Arrested on charges of robbery, arrest registered only on 11/10/2008 (administrative detention; decision revoked by judge on 27/11/2009) and later on 12/10/2008 (court detention order)

In detention (10/10/2008)

Kirov OVD

Unspecified violence, including blows on body and handcuffing; temporary deprivation of oxygen, deprivation of sleep and food

Police officers (OVD)

2.

54869/10 Triandafillidi

v. Russia

In detention 14/03/2009

IK-28 Arkhangelsk region

Threats, harassment, blows on inguen , feather, head

Colony administration officers L. and S.

19/06/2009

Medical certificate

Forensic Bureau of Arkhangelsk region

Ecchymoma on the forehead and right-hand side of the chest, back and left sides of the neck, graze wound on the right side of orbital bone, incised wounds and cicatrices of the inside of both forearms, cicatrices of anterior abdominal wall.

3.

72453/11 Zolotarev

v. Russia

03/06/2008 at 19:20

In a train in the Voronezh Region

Police officers of Internal Affairs Department in Voronezh

03/06/2008

Police Station no. 2, Voronezh.

Handcuffed, punched and kicked to head and other part of the body

Police officers of Kominter-novskiy GUVD Z., Z., F.

11/06/2008

Act on inflicted injuries (drafted upon the applicant ’ s arrival).

IZ-36/3 in Voronezh Region

Hematoma on the chest, bodily injuries.

Police brought the applicant to police department no. 2 in Voronezh. On 04/06/2008 he was taken to IVS. On 05/06/2008 the court ordered to place him in custody. On 11/06/2008 he was taken to IZ-36/3

11/06/2008

Extract from the medical certificate

IZ-36/3 in Voronezh Region

Hematoma of 5 cm long and 4 csm wide and 7-8 hematomas of 1 cm on front surface of the chest.

03/06/2008

Expert examination no. 1798.08 (document is not available; mentioned in the court decisions).

Forensic Bureau of the Voronezh Region

Skin bruises on the chest.

4.

16090/12 Krasnopevtsev v. Russia

29/05/2009 at 11:00.

Zhukov Town , Kaluzhskiy Region

Zukovskiy District Police Office

29/05/2009

Zukovskiy District Police Station

1 blow with the truncheon upon the left leg (shin)

Unknown police officer

1/06/2009

Medical record

District Hospital of Zhukovskiy District

a bruise on the left shin

5.

33037/13 Dergachev

v. Russia

13/07/2012

Izhevsk

Police

13/07/2012 to 14/07/2012

Police station no. 5, Izhevsk

At the police station he was beaten by six drunken police officers.

Police officers

15/07/2012

Medical certificate

Doctor of the City Hospital no. 8 (convoy transporting the applicant from the police station to the detention facility agreed to stop by the civil hospital)

Right side otitis externa

The applicant was stopped by police officers in the evening on 13/07/2013. The applicant was asked to go to the police station No. 5 (Izhevsk). He proceeded with police officers. According to the applicant he was interviewed and was kept at the station until his official arrest on 14/07/2013 (at 19.25).This version is supported by domestic courts (see decision of the Industrialniy District Court of Izhevsk of 19/07/2012)

According to the applicant he was punched and kicked multiple time on his head, ears and face. He was also hit with a stool. He spent a night handcuffed to a heating device in the police office without a record being drawn up. According to the official version, was released on 13/07/2012, at 22:00.

16/07/2015

Report on body injuries

Officer of the IVS

Right eye bruising, bruising in external ears.

6.

63876/13 Nesterov

v Russia

15/08/2012 at 17:00

Dzer-zhinsk , Buden- nogo Str .

Police station

no 2, Dzerzhinsk

During arrest

Police station no. 2 Dzerzhinsk (outside and inside)

Beaten

Policemen Is. and L.

16/08/2012

Medical certificate of Spetspriemnik

Medical assistant at Spetpriemnik of Police Office of Dzerzhinsk

0.5 cm lesion of upper lip, bruises at the right elbow (15 cm), and the right upper leg (4 cm).

7.

76685/17

Rudak v. Russia

28/03/2010 at 13:10

Samara

Police station no.10, Samara

28/03/2010 to 29/03/2010

Police station no. 10, Samara

Beating, smothering, depriving access to toilet

Police officers

31/03/2010

Medical certificate #533 of 31/03/2010

Act of the medical assistant on duty of the IZ-63/1

Abrasion on the left eye, violet-coloured hypodermic hematoma

15/08/2012 apprehended at home, transferred to police office, ill-treated, placed in Spetspriemnik , 16/08/12 Justice of Peace ordered administrative arrest for 2 days on grounds of alcoholic intoxication - no status of suspect granted.

September 2012

Medical Certificate of the Outpatient Hospital N1 Dzerghinsk confirmed the applicant ’ s examination on 18/08/2012

Traumatological Department of Outpatient Hospital N1

Traumatic brain injury, concussion of the brain, bruises on the face, right elbow.

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.

3294/10 Vokhmyanin v. Russia

22/01/2009

First instance court, Kirov

Consistently refused

Refused on 03/02/2009, 27/03/2009, 02/04/2009, 16/05/2009, 12/06/2009, 17/08/2009, 21/09/2009, 28/01/2010

Applicant ’ s statement made on 22/01/2009 in a first instance court about police violence in detention lead to a refusal to investigate on 03/02/2009. The latter was contested to the prosecutor ’ s office on 10/03/2009, which led to another refusal on 27/03/2009. Later, the applicant raised the complaint in his appeal, which was rejected on 24/11/2009

2.

54869/10

Triandafillidi v. Russia

16/03/2009

Investigative committee, Nyandiomsky district, Arkhangelsk region

Consistently refused

Refused on 06/05/2009, then on 24/09/2009

Refusal to open the criminal investigation was contested by the applicant on 07/07/2009 and was revoked by a first instance court on 08/09/2009. The contestation of the refusal dated 24/09/2009 ended in termination of the proceedings in a first instance court on 19/02/2010, as confirmed in appeal on 23/04/2010.

3.

72453/11

Zolotarev v. Russia

Not indicated

Investigation department of the Kominternovskiy district in Voronezh

Consistently refused

Several refusals, the last one was taken on 14/02/2011

On 30/03/2011 and 09/06/2011 the Kominternovskiy District Court upheld the refusal. On 04/08/2011 the Appeal Court upheld the decision.

The investigator ’ s version is that the applicant offered resistance; therefore police officers handcuffed him and used self-defence without weapons techniques. The courts gave no explanation to the origin of injuries. They only explained minor discrepancies contained in the medical documents.

4.

16090/12 Krasnopevtsev v. Russia

29/07/2009

Investigative Committee

Consistently refused

08/08/2009, 12/07/2010 quashed, 22/07/2010, 07/02/2011 quashed, 09/03/2 011, 30/05/2011, 20/06/2011

No investigation

no complaint under Art.125, but the refusals repeatedly quashed

5.

33037/13 Dergachev v. Russia

Unclear

Consistently refused

Latest refusal was adopted on 26/08/2013.

The applicant challenged refusals to initiate criminal proceedings under Article 125 to no avail. The applicant also raised the ill-treatment complaint in his own trial (judgement the Industrialnyy District Court of Izhevsk of 25/12/2012), but it was dismissed as unsubstantiated. The authorities ’ version was that he could have sustained bruising in the period between his release on 13/07/2012, at 22:00 and his arrest on 14/07/2012, at 19:25.The officers, however, confirmed that he had had no injuries when they brought him to the station on 13/07/2012.

The applicant ’ s injuries do not entirely correspond with his description of beatings. All documents related to the applicant ’ s detention on 13/07/2012 and then on 14/07/2012; documents related to the criminal cases against the applicant.

6.

63876/13

Nesterov v. Russia

18/08/2012

4 days after the alleged ill-treatment. Report about ill-treatment was registered by the police of Dzerhinsk

18/08/2012 – 26/08/2012 Inquiry into allegations on ill-treatment, 26/08/2012. Report with statements of police officers I. and L. denying ill-treatment was transferred to Investigative Committee, Investigative Committee refused to launch criminal investigation

Consistently refused

24/09/2012

04/12/2012 19/12/2012 30/12/2012 11/01/2013

No criminal investigation, complaint under Article 125 was repeatedly dismissed 07/11/2013, 05/12/2013, 10/02/2014 Appeal of Nizhegorodskiy Regional Court

2 versions of events: police officers argued. The applicant was beaten on 11/08/2012 by the victim of a robbery (confirmed by the victim), Applicant and his mother alleged he was beaten by the police 15/08/2012, medical report 16/08/2012 indicate injuries after arrest without verification of dates of their infliction

7.

76685/17

Rudak v. Russia

31/03/2010

Kirovsky Inter-District Unit of the Investigative Committee for the Samara Region

Consistently refused

09/04/2010, 25/10/2015

The Investigative Committee several times refused to open an investigation. The applicant challenged refusal in the national court, but to no avail (Appellate Decision of the Samara Regional Court of 22/05/2017)

No effective investigation of the applicant ’ s injuries was held

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.

3294/10 Vokhmyanin v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis 10/10/2008 to 12/10/2008, Applicant was arrested on 10/10/2008 at 22:00. On 11/10/2008, police officers issued a detention order which stated that on 02:50 that day the applicant was talking obscenities in public, thus committing an administrative offence. The order was revoked by a judge on 27/11/2009. Finally, court detention order was issued on 12/10/2008 at 19:00.

2.

54869/10

Triandafillidi v. Russia

Art. 3 - 5 - inadequate conditions of detention after conviction in IK-28 Arkhangelsk region, from 23/03/2009 to 28/01/2010, solitary confinement, no walking, no visits, low temperature, lack of food, insects and rodents in the cell.

3.

72453/11

Zolotarev v. Russia

Art. 3 - 4 - inadequate conditions of detention IZ-36/3 Voronezh Region, from 11/06/2008 to 23/04/2014. The end date is a date when the applicant informed about the change of address to IK-49 in Komi. 20 sq.m per 5-6 persons; 1 hour of outdoor walk.

4.

16090/12 Krasnopevtsev v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis 29/05/2009 at 11 :00, Applicant was brought as a suspect at 11:00, protocol was drawn at 21:00 , protocol encl.

5.

33037/13 Dergachev v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis 13/07/2012, in the evening arrested on a street; brought to the police station where he spent the night handcuffed to the heating device. The record of the arrest drawn up on the following day, 14/07/2012, at 19:25. However, according to the final judgment of the trial court, on 14/07/2012 the applicant was at liberty, during which time he managed to commit a theft (between 15:00 and 15:30) and was arrested on 14/07/2012 at 19:25

6.

63876/13

Nesterov v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis On 15/08/2012 at 16:00 arrest and transfer to police office without an order/status of a suspect/placement to Spetspriemnik . Administrative arrest 16/08/2012 to 18/08/2012 under the pretext of commitment of administrative offence (alcoholic intoxication) – no status of a suspect – no evidence on alcoholic intoxication

Art. 5 (3) - 2 - excessive length of pre-trial detention From 23/08/2012 to 19/06/2013

Art. 5 (4) - 1 - excessive length of judicial review of detention Pre-trial detention order of 25/08/12 was reviewed on 18/10/12.

7.

76685/17

Rudak v. Russia

Art. 5 – 1 – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis 28/03/2010 from 13:10 to 23:30 - t he detention during this time period was unrecorded and was not taken into account when the judge issued the detention order

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VOKHMYANIN v. RUSSIA and 6 other applications

VOKHMYANIN v. RUSSIA and 6 other applications

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