Lexploria

Communicated on 14 May 2018

THIRD SECTION

Application no. 58144/08 Sergey Valeryevich YEZHKOV against Russia and 6 others applications (see list appended)

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.

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 Appendix 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.

58144/08

26/09/2008

Sergey Valeryevich YEZHKOV 30/10/1971

Sa ratov

2.

47447/09

10/08/2009

Andrey Anatolyevich LOVYGIN 07/06/1977

Lesnoy

3.

46091/10

17/06/2010

Aleksey Ivanovich FESIK

26/01/1978

Krasnoyarsk

4.

6202/12

23/11/2011

Zoltan Khadzhi-Kishiyevich BAYRAMKULOV

09/07/1967

Sosnovka

5.

59277/13

10/07/2013

Sergey Alekseyevich PUSHNIN

23/10/1967

Pokrov

6.

56860/15

30/10/2015

Rafael Nakipovich ZARIPOV

19/12/1983

Chistopol

Radik Zhaudatovich GALIMOV

7.

24719/17

14/02/2017

Viktor Viktorovich ONIPENKO 05/11/1992

Astrakhan

Viktor Ivanovich ONIPENKO 06/01/1959

Astrakhan

Aleksandr Anatolyevich ANOKHIN

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 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.

58144/08

Yezhkov v. Russia

05/07/2006 at 17:30

Arrested on charges of robbery, arrest registered only on 06/07/2006

Saratov Region, town of Engels, prospekt Stroite-ley

UBOP department of the Engels Department of the Interior

During arrest, 05/07/2006,

at 17:30

Saratov region, Engels, prospekt Stroiteley

blows on the applicant ’ s head and body, use of handcuffs

6 police officers (UBOP KM GUVD)

13/07/2006

Expert statement

Forensic Bureau of Saratov region

Bruises on the left shoulder, right chelidon, right forearm and right wrist.

During detention, 05/07/2006 - 06/07/2006,

at 02:00

Saratov Police Department (UBOP KM GUVD)

blows on head and body, torture with electric current, walking on his back, threats

Police officers (UBOP KM GUVD)

23/10/2006

Medical Certificate

City Clinical Hospital No 1

Consequences of cerebrocranial traumas with brain contusion. Asymmetric hydrocephaly. Neuritis of the right middle nerve.

2.

47447/09

Lovygin v. Russia

26/07/2008

Arrested under suspicion of involvement in drug-trafficking

Yoshkar-Ola

Police

During the detention

FBU IZ-12/1

Beating on the applicant ’ s head with a plastic bottle, tying him up to a chair, pricking a red-hot needle into his eyes

3 cell-mates allegedly on orders of investigating policemen

25/08/2009

Medical File (extract)

Ophtalmological Hospital of Republic of Mariy-El

Partly illegible documents. Penetrating wound of the cornea with the fallout of the inner shells. First-degree burn of the cornea.

3.

46091/10

Fesik v. Russia

11/10/2008

Office no. 8 ORCh UR no.1 GUVD of the Krasnoyarsk region (Police Department)

Used electricity on the applicant, which caused asphyxia. Beatings on the head, stomach and face.

Police agents

17/10/2008

Expert examination No. 8757

Krasnoyarsk Regional Bureau of Forensic Medical Examination

Abrasions on face, chest, left arm, extravasation on right arm caused by a blunt object within 3-5 days from the examination. Abrasions of the spine and forehead.

4.

6202/12

Bayramkulov

v. Russia

01/11/2010

Centre for Combatting Extremism

Of Karachayevo Cherkessiya

Used electricity on the applicant

Police agents

02/11/2010

Reference to Record in Remand centre Register in Prosecutor ’ s Decision to quash the refusal to open criminal investigation (from 19/07/2013)

Remand centre (IVS)

Abrasions on both hands and a wound on the temple.

23/03/2011

Investigator ’ s office of Karachayevo Cherkessiya

Used electricity on the applicant

Police agents

20/10/2011

Refusal to open a a criminal investigation

Investigation Committee

Headache, hematoma on the left side of face, bump.

5.

59277/13

Pushnin

v. Russia

24/02/2009 20:00-06:00

25/02/2009 19:00-22:00

26/02/2009 18:00-19:00

Police station of the Sovetskiy District of Krasnoyarsk

Used electricity on the applicant (with focus on genitals). Beatings with hands and legs. Smashed the applicant ’ s head with a pistol, causing dissection of the frontal part of the head.

6 police agents of th Sovetskiy District ROVD of Krasnoyarsk

25/02/2009

26/02/2009

Medical expert examination N1641

Medical certificate N1067

Krasnoyarsk Regional Bureau of forensic medical examination

Krasnoyarsk Municipal Hospital

Bruises on the right arm, caused by blunt solid object approximately a day before the examination.

Contused wound of forehead.

27/08/2009

Temporary Detention Ward in the Police Station (IVS)

The applicant was subjected to suffocation, heavy pressure was put on his right eye. With hands cuffed behind his back, the applicant was suspended on his arms, feet above the floor.

IVS staff

27/08/2009

Medical expert examination N7655

Medical certificate N31

Medical certificate N20

Krasnoyarsk Regional Bureau of forensic medical examination

Regional Ophtalmologic Hospital

Municipal Hospital N7

Bruises and abrasions on the face, body, the right arm resulting from events which took place approximately a day before the examination.

Contusion of right eye, hematoma of eye-lids.

Fracture of the 7th rib.

6.

56860/15

Zaripov

v. Russia

07/12/2013

UMVD of Nizhnekam-skiy District of Tatarstan, Tatarstan (Police department)

Used electricity on the applicant: sensitive areas like abdominal zone, bladder, genitals . The applicant was suspended on the crossbar with his arms handcuffed behind, with his head pressed to his feet. The perpetrators were wearing masks, the applicant was forcibly put on a hat. The perpetrators forced him to confess, threatened with torturing his mother and wife.

Police agents Sa. and Ga.

08/12/2013

17/04/2014

Ambulace record No. 64

Medical expert examination

Ambulance brigade

Izhevsk Medical Academy

Pain all over the body, especially in limbs, kidneys and abdomen; vomiting, light bruises on tissues, bruise of the 11th spinous process, bruise of left kidney.

Polyneuropathy of the perineal and tibial nerves, caused by mechanical compression, situationally possible in conditions of suspension of the body symmetrically at the level of the knee joints.

7.

24719/17

Onipenko and Onipenko v. Russia

25/09/2015 around

10:00

The applicants were arrested on suspicion of murder. After the confession of the first applicant, the second applicant was released

Territory of dacha commu-nity "Stroitel"

Police Department of the Povolzhsk District of the Astrakhan Region

25/09/2015

The police Dept. of the Povolzhsk District of the Astrakhan Region

The police officers repeatedly beat two applicants with their fists on the forehead, with their feet on the bodies. They applied a stun gun to the wet head and ears. They put plastic package on the head. The first applicant confessed and the second applicant was released.

Police officers

First applicant 26/09/2015

Second applicant 28/09/2015

the forensic report no. 2682;

the forensic report no. 1549

Forensic expertise office of Astrakhan, 10 street of F. Engels

Bruises of body, upper limbs abrasion to body which appeared 1-3 days prior to 26/09/2015 because of the impact of blunt object; abrasion of the hips on the right which appeared 4-6 days ago because of the impact of blunt object. The applicant initially stated that abrasions were received at the dacha during cooking.

Bruises of the head, body, left lower limb, abrasion to neck, body, haemorrhage of the left eye

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.

58144/08

Yezhkov v. Russia

26/09/2006

Prosecutor ’ s office of the Saratov region

Consistently refused

05/10/2006

Refusal to open the criminal investigation was contested by the applicant on 12/05/2008. The first instance court refused the admission of his complaint on 16/05/2008, as confirmed on 29/07/2008 (appeal).

2.

47447/09

Lovygin v. Russia

19/11/2011

Yoshkar-Ola City Court/Supreme Court of Republic Mariy El

Consistently refused

11/01/2012

After several court ’ s decisions to refuse/to grant the applicant ’ s claim under Article 125 of the Criminal Procedure Code, the last Cassation Court dismissed the applicant ’ s claim.

First complaint under Article 125 of the Criminal Procedure Code to the Court: no reply from Investigation Committee and Public Prosecutor in respect of the crime against the applicant (torture). Apparently the applicant did not receive in time 3 existing refusals (documents received only after his complaint to the court). 10/05/12 Cassation Appeal Supreme Court of Mariy-El Republic dismissed the civil claim for non-pecuniary damages.

04/04/2010

Public Prosecutor Office of Yoshkar Ola

Consistently refused

Refusals due to the "absence of event", though the event is duly documented.

3.

46091/10

Fesik v. Russia

11/10/2008

Investigation Comittee of Krasnoyarsk

Consistently refused

27/10/2008

24/04/2009

07/12/2009

18/01/2010

Emelyanovskiy District Court of Krasnoyarsk on 30/05/10 refused to accept the applicant ’ s complaint under Article 125 for examination.

Zheleznodorozhnyi District Court of Krasnoyarsk on 11/02/11 refused to examine the applicant ’ s complaint under Article 125 for examination; on 29/03/11 Cassation Appeal Krasnoyarsk Regional Court supported the last decision.

No examination of the applicant ’ s complaint in substance by the court. The complaint was also raised at the applicant ’ s trial and on appeal (19/04/16, Krasnoyarsk Regional Court).

4.

6202/12

Bayramkulov

v. Russia

unclear

Investigation Committee of the Karachay-Cherkessk Republic

Various local courts

Investigation Committee (see above)

Various local courts

Investigation Committee

Various local courts

Consistently refused

20/10/2011

29/06/2012, 28/08/2012;

08/04/2013

23/05/2013, 09/07/2013

14/08/2014

15/09/2014, 29/12/2014

Refusal to open criminal investigation.

Complaint under Article 125 dismissed (Cherkesskiy District Court, Cassation Appeal Supreme Court of Karachay Cherkessk Republic).

Refusal to open criminal investigation.

Complaint under Article 125 dismissed (Cherkesskiy District Court, Cassation Appeal Supreme Court of K.Ch.R.).

Refusal to open criminal investigation ; .

Ust-Dzhegutinskiy District Court, Cassation Appeal Supreme Court of K.Ch.R . .

10/10/2011

Investigation Committee the Karachay-Cherkessk Republic

Consistently refused

20/11/2011

Refusal to open criminal investigation

No forensic examination appointed. No documents provided in respect of appeal against the refusal.

5.

59277/13

Pushnin v. Russia

24/08/2009

Tsentralny District Court (on detention prolongation) of Krasnoyarsk

Consistently refused

01/10/2009

After the preliminary investigation the investigator refused to initiate criminal investigation (on the issues raised by the applicant in the court).

31/08/2009

Public Prosecutor ’ s office of Krasnoyarsk

Consistently refused

25/02/2010

09/01/2013

16/08/2013

Refusals to initiate criminal investigation.

On 18/09/2009 the applicant was threatened with death by the alleged perpetrators, so he was forced to withdraw his complaint made in court.

6.

56860/15

Zaripov v. Russia

09/12/2013

Public prosecutor ’ s office of Nizhnekamsk District of Tarastan

Various local courts (latest decision of the Supreme Court of Russia)

Consistently refused

07/01/2014

12/08/2015

Refusal to initiate criminal investigation.

Upheld in courts

7.

24719/17

Onipenko and Onipenko v. Russia

25/09/2015 (under Article 125 of the Criminal Procedure Code from the first applicant), 11/11/2016 (under Article 125 of the Criminal Procedure Code)

The Investigation Division of the Investigation Committee of the Astrakhan Region

Consistently refused

17/10/ 2015;

17/06/2016;

12/07/2016;

11/08/2016;

01/09/2016;

21/09/2016;

03/10/2016;

18/11/2016

On 17/10/2015 - Refusal to institute criminal proceedings by an investigator. After that on 9/06/2016, 27/06/2016, 15/07/2016, 26/08/2016, 5/09/2016, 25/09/2016, 10/10/ 2016 - Refusals.

On 18/11/2016 -Refusal under Article 125 - Privolzhskiy District Court of the Astrakhan Region, upheld on 12/01/2017 Astrakhan Regional Court. The first applicant ’ s conviction - on 30/09/2016 the Leninskiy District Court of Astrakhan upheld on appeal on 08/12/2016

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YEZHKOV v. RUSSIA and 6 other applications

YEZHKOV v. RUSSIA and 6 other applications

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