Lexploria

Communicated on 30 May 2018

THIRD SECTION

Application no. 20605/11 Yevgeniy Vladimirovich PANCHENKO against Russia and 5 other application s – 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 table of cases:

No.

Application number

Introduction date

Name of the applicant / date of birth /

place of residence

Represented by

1.

20605/11

18/02/2011

Yevgeniy Vladimirovich PANCHENKO 14/10/1974 Barnaul

2.

38614/13

13/05/2013

Valeriy Gennadyevich FEDOROV 21/08/1970 Korolev

3.

48841/13

20/06/2013

Viktor Anatolyevich ZALOZNYY 12/06/1977 Aleksandriyskaya

4.

52372/14

20/10/2014

Sergey Mikhaylovich KRIVONOGOV 15/05/1949 Vostochnyy

5.

4878/15

20/01/2015

Yekaterina Igorevna ZAYTSEVA 10/02/1988 Nizhniy Novgorod

Olga Aleksandrovna SADOVSKAYA

6.

26299/15

30/03/2015

Denis Mikhaylovich KALININ 16/05/1980 Cherepovets

Marat Munirovich ZINNATULLIN

QUESTIONS TO THE PARTIES

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 Ar ticle 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

Region / town /street

Entity

Facts

Date / time

Location

Alleged Facts

Perpetrator(s)

Date

Doc. Type

Authority

Description of Injuries

1.

20605/11 Panchenko v. Russia

16/04/2010 at around 5:00: arrest record drafted on 19/04/2010 at 15:45

Barnaul, Altai Region

Police

On 16/04/2010 while a search had been conducted in the applicant ’ s apartment, he attempted to commit suicide by hanging. Policemen stopped him. The applicant was taken to city hospital No. 1. He was held in the hospital between 16/04/2010 to 19/04/2010. On 19/04/2010 he was taken to an IVS where an arrest record was drafted.

17/04/2010 - 19/04/2010 in the evening

City Hospital of Barnaul No. 1

On 16 April 2010 the applicant attempted to commit suicide by hanging. He was taken to hospital no. 1. The next day he was transferred to a separate room where we was handcuffed to his bed (both his arms and legs were cuffed to his bed). The applicant was naked. The applicant alleged his cuffs to have been tightened in order to cause pain and suffering. He also claimed to be suffocated by a towel and beaten.

Policemen Mr G., Mr M., Mr Kh ., Mr B., Mr T., Mr Ms.

20/04/2010

Forensic examination report No. 2432

Forensic Bureau of the Altai Region

Detailed description of the applicant ’ s condition from 16/04/2010 to 20/04/2010 (the applicant ’ s condition after his suicide attempt and his subsequent recovery). The applicant had several bruises: on the nose, on the left cheek, on left and right shoulders. Abrasions on the left knee and left ankle, on fingers of both hands, on both wrists. All injuries aged

3-5 days. The applicant also had an abrasion and a bruise on his neck following asphyxiation and the hyoid bone fracture.

04/05/2010

Medical certificate

Unknown (allegedly the applicant was examined before his placement in a remand prison)

Fading ligature mark on the neck, fading wrists, ankles and lower back abrasions

14/07/2010

Psychiatric examination report no. 075/10-C

Psychiatric hospital of the Altai Region named after Y.K. Erdman

Partial rapture of the deltoid muscle

09/03/2012

Medical examination report

IK-3 of the Irkutsk Region

Scars on the applicant ’ s wrists (length - 3-6 cm, width - 1-4 mm); ligature mark on the left ankle 3-3 mm in width

2.

38614/13 Fedorov v. Russia

10/04/2012-11/04/2012 at night

Police station of Yubileynoye , Moscow Region

A kick on the right side of the chest with a leg, after a couple of hours - another one

Officers K. and Sch.

10/04/2012-13/04/2012

Ambulance certificates ( карты вызова скорой помощи )

Korolev Town Hospital

Pain in the chest on the right, bruise on the right side of the chest, broken rib

11/04/2012

Medical certificates (X-ray results)

Korolev Town Hospital

After the first visit - 9th rib on the right broken After the second visit - 8th, 9th and 10th ribs on the right broken

24/04/2012

Medical certificate ( выписка из медицинской карты )

Korolev Town Hospital

Broken ribs, pain in the chest on the right, bruise on the right side of the chest

3.

48841/13 Zaloznyy v. Russia

11/04/2011-12/04/2011

Police station No. 15 (OM-15) of Sochi

Kicks on the legs (incl. heels, knees), handcuffing, placing a plastic bag on his head

Officers B., D., S.

12/04/2011

Forensic expert opinion

Forensic Bureau No. 2 of Sochi

Swollen right knee, bruises on both wrists, bruises on the left hip

28/11/2011

Witness ’ testimony

Co-arrestee

Heard the applicant ’ s shouts from an office next door at the same police station

4.

52372/14 Krivonogov v. Russia

18/10/2011, after 22:00

Police station No. 4 (OP-4) of Perm

Kicks on the head with a heavy book (dossier), kicks on the face with fists

Officers N., V., L., K.

19/10/2011

Certificate

Town Hospital of Perm

Injuries of face tissues and of scalp

19/10/2011

Certificate

Ambulance Department

Brain concussion

20/10/2011

Photos

IVS of Perm

Bruise around the right eye

08/01/2013

Forensic expert opinion

cited in the refusal to prosecute of 21/11/2013

Bruise on the face which is caused by a hard object

5.

4878/15 Zaytseva v. Russia

15/09/2012

Svobody square, Nizhny Novgorod

The applicant, an organizer of a manifestation (within the "March of millions"), tried to prevent a police officer from arresting a participant of that manifestation. To do that, she tried to take the helmet off the officer ’ s head. The officer hit her on the head with a rubber truncheon

Officer L.

15/09/2012

Print out of the video

Contained in an expert opinion (unspecified expert)

02/10/2012

Medical certificate ( выписка из медицинской карты )

Town Hospital No. 39 of Nizhny Novgorod

Swollen top of the head (4x5 cm), brain concussion

6.

26299/15 Kalinin v. Russia

03/03/2012 at 21:30

Krasnodar, SC SU UMVD

Police

Actually arrested on 02/03/2012 at 21:30 in a friend ’ s flat

During arrest: from 02/03/2012 21:30 to 03/03/2012 06:00

28 Chekistov ave .,flat 28, Krasnodar

Blows with arms and legs on the head and the body; handcuffing, one hand being tied with the other suspect ’ s hand (one pair of handcuffs for two); laying on the floor face down; blows with a 19-litre plastic bottle on the head and groin; blows on ears; aiming a pistol at him

Policemen K., B., O., B., G.

03/03/2012

Medical Certificate

Drug addiction clinic

Asymmetric face because of swollen left cheek

At the police station

Krasnodar, SC SU UMVD

Handcuffing; blows with arms and 1.5-litre plastic bottles filled with water;

Policemen O., G.

12/03/2012

Medical certificate ( выписка из амбулаторной карты )

Traumatology ward No. 7 Krasnodar

Bruises on the face, limbs, groin

25/04/2012

Forensic examination report (on the basis of medical documents only)

Forensic Bureau of the Krasnodar Region

Blunt injuries; impossible to determine exactly the date of infliction

30/07/2014

Forensic examination report (on the basis of medical documents only)

Forensic Bureau of the Krasnodar Region

Blunt injuries caused by hard objects some characteristics of which can belong to human arms and legs

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.

20605/11 Panchenko v. Russia

29/08/2012

Investigator of the Oktyabrskiy District of Barnaul

Consistently refused

Refusal to initiate criminal investigation -16/09/2013;

Decision of the Oktyabrskiy District Court of 20/04/2015; Appeal decision of the Altai Region Court of 29/05/2015

Refusal to initiate criminal investigation: the fact of handcuffing the applicant (arms) was confirmed, other ill-treatment allegations dismissed as ill-founded.

2.

38614/13 Fedorov v. Russia

14/04/2012

Korolev Prosecutor ’ s office

Consistently refused

19/02/2014

Numerous refusals to prosecute. The latest refusal to prosecute of 19/02/2014 was quashed on 27/05/2014. No further information

Main version: injuries after falling down on asphalt.

Korolev Town Court decision of 27/05/2014. Any progress of the case

3.

48841/13 Zaloznyy v. Russia

12/05/2011

Sochi Investigation Committee

Consistently refused

05/10/2012

The latest refusal to prosecute was quashed Three refusals, all quashed

Refusals to prosecute of 03/07/2011, 21/11/2011, 23/07/2012.

4.

52372/14 Krivonogov v. Russia

18/04/2012

Perm Investigation Committee

Consistently refused

Latest refusal - 27/10/2014

Numerous refusals, no progress in the investigation

5.

4878/15 Zaytseva v. Russia

18/09/2012

Investigator of the Investigative Division of the Nizhegorod-skiy District in Nizhniy Novgorod

Consistently refused

17/10/2012 24/03/2013 25/11/2013

On 26/09/2014 the latest refusal to prosecutor was quashed by court, no further steps were taken in the investigation On 24/09/2014 a court found the latest refusal to prosecute incomplete. The courts and investigators apparently did not examine proportionality of the measure.

6.

26299/15 Kalinin v. Russia

28/03/2012

Investigator of the Investigation Committee of the Zapadnyy District of Krasnodar

Criminal Investigation

23/01/2013

2 suspensions, 10 refusals to open criminal case before 23/01/2013; 7 terminations of the criminal case; investigation currently pending; Investigatory Committee "reprimanded" the investigator for excessive length of the investigation

Criminal case opened as to the fact of the applicant ’ s unlawful detention in the flat, without reference to violence ( ч. 1 ст . 286 УК ). Many of the procedural decisions (incl. terminations) were not served on the applicant; numerous complaints by the applicant about defects in the investigation (some granted, some dismissed)

Investigator of the Investigation Committee of the Zapadnyy District of Krasnodar

Criminal Investigation

28/12/2015

Criminal case opened with regard to violence ( ч. 3 ст . 286 УК ). Still pending

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PANCHENKO v. RUSSIA and 5 other applications

PANCHENKO v. RUSSIA and 5 other applications

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