Lexploria

Communicated on 13 June 2017

THIRD SECTION

Application no 70713/12 Vladimir Ivanovich KVASOV against Russia and 5 other 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. The relevant details regarding their allegations are reflected in the attached tables. 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. All of the applicants submitted that their attempts to initiate criminal investigation in connection with the incidents proved futile.

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. 3 1316/09, 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, as amended by Federal Law no. 23-FZ of 4 March 2013 , for example, confrontations, identification parades, searches, and so forth;

4. The Government are invited to submit in respect of Mr Mokhov (case no. 50144/13) copies of the certificate of the first-aid station (undated), the IVS note of 20/05/2009 and a copy of the final decision in the court proceedings that the applicant brought in connection with his ill-treatment.

List of Applications

1. 70713/12 Kvasov v. Russia

2. 50144 /13 Mokhov v. Russia

3. 51153 /14 Seliverstov v. Russia

4. 68544 /14 Bogdanov v. Russia

5. 72354 /14 Tyuriny v. Russia

6. 8276 /15 Vasilyev v. Russia

No

Application No, date of introduction, name of representative

Applicant name , date of birth , place of residence

APPENDIX NO. 1:

Article 3 - Substantive aspect

Arrest

Ill-treatment

Evidence

Date / time

Region / town /street

Entity

Alleged facts

Date / time

Location

Alleged facts

Alleged perpet-rator (s)

Date

Doc Type

Authority

Description of Injuries

1

70713/12

lodged on 09/10/2012,

represented by Olga Anatolyevna GNEZDILOVA

11/11/2009 (19:30)

Voronezh, 20 Mira str. (allegedly taken from home)

Operational search unit (OSU) no. 6 ( Оперативно-розыскная часть №6)

Arrested for using obscene language in a public place in Voronezh, Moskovskiy av. 15. Detained in Kominternov-skiy ROVD. On 13/11/2009 Ramonskiy District Court ordered 5-day detention for the use of obscene language in public.

During detention

On 12/11/2009 (08:30) in OSU no.6 in Voronezh, Bakhmet-yeva str. 10, office 57

Use of electroshock, placed plastic strips on his mouth and around legs, handcuffed and beaten up.

Officers of OSU no. 6

Mr. S., Mr. Ch.

17/11/2009

Act on inflicted injuries (drafted upon arrival)

Officer of IVS S. (on duty)

Bruises on lower lid of the right eye, left shoulder, left hip, left knee; the abrasions on left hip and penis, on both wrists

Vladimir Ivanovich KVASOV

14/02/1965

Voronezh

19/11/2009 / 20/11/2009

Extract from medical records

Head of the medical section of IZ-36/3

Hematoma around upper and lower lid of the right eye; injury on upper lip; abrasions on both wrists; hematoma on: left side of the low back; left hip; left knee. Numerous skin injuries on clunis and penis

13/04/2011

Forensic exami -nation no. 1416.11

Forensic Bureau of the Voronezh Region

The bruises fixed in the medical extract of 20/11/2009 is a result of the impact of a blunt object. To identify the cause of the injuries on clunis and penis is not possible. The injuries could be inflicted within 7-20 days prior to examination of 20/11/2009

No

Application No, date of introduction, name of representative

Applicant name , date of birth , place of residence

APPENDIX NO. 1:

Article 3 - Substantive aspect

Arrest

Ill-treatment

Evidence

Date / time

Region / town /street

Entity

Alleged facts

Date / time

Location

Alleged facts

Alleged perpet-rator (s)

Date

Doc Type

Authority

Description of Injuries

2

72354/14

lodged on 10/11/2014,

represented by Margarita Vladimirovna GORDEYEVA

Yuriy Yuryevich TYURIN 16/09/1991 Astrakhan

Roman Yuryevich Tyurin 27/02/1990 Astrakhan

28/01/2013

Astrakhan, Galina Nikolayeva str. 13-8 (according to IVS journal) / Bumazhnikov str. 4 or 6 (see refusal of 08/11/2013)

Emergency Response Unit (СОБР)

Arrested and taken to police department no. 3 in Astrakhan. Police used physical force as the applicants offered resistance. On 29/01/2013 police brought them to IVS where they were allegedly forced to reject medical assistance.

28/01/2013 - 29/01/2013

Police department no. 3 in Astrakhan

Handcuffed to a radiator at the police department

Police officers Z., K., R., G., A.

1) 30/01/2013

2) 07/02/2013

1) "signal list" ( сигнальный лист )

2) Expert ex-aminations no. 470 (Yuriy), no. 469 (Roman)

1) Emer-gency Medical Service

2) Forensic Bureau in Astrakhan

1) Closed craniocerebral injury; fracture of the lower jaw; bruise o n the chest; abrasions on the face; 2) closed fracture of the lower jaw inflicted with a hard blunt object; blood stains on the head, bruises on neck, pelvic area caused by the use of a hard blunt object

1) Closed craniocerebral injury; kidney injury; bruises on the head; 2) blood stains and bruises on the head caused by the use of a hard blunt object

3

50144/13

lodged on 08/07/2013

Mikhail Yuryevich MOKHOV 09/11/1974 Kamennyy Bor

20/05/2009 (15:00)

St Petersurg , Ligovskiy av., 113

Police department no. 60 of the Vasileostrovs-kiy district

During the arrest the police used physical force and handcuffs; He was taken to the police department. It is not clear from the case file how long the applicant was detained in the department.

20/05/2009

On the way to the police department and at the police department

Handcuffed, punched in head, kidneys, liver, kicked

Police officers T., B., M., Ye.

20/05/2009

IVS note (not in the case file, reference in the refusal to open a criminal case)

IVS (no more info)

Hematoma of the right shoulder and right eyebrow, abrasions on the forehead and nose.

no date

Certificate of the first-aid station (not in the case file, reference in the refusal to open a criminal case)

First-aid station of the Vasileos-trovskiy district

Brain concussion (allegedly not confirmed by the later examination)

No

Application No, date of introduction, name of representative

Applicant name , date of birth , place of residence

APPENDIX NO. 1:

Article 3 - Substantive aspect

Ill-treatment

Evidence

Date / time

Location

Alleged facts

Alleged perpetrators

Date

Doc Type

Authority

Description of Injuries

4

51153/14

lodged on 11/07/2014

represented by Olga Aleksandrovna SADOVSKAYA

Pavel Pavlovich SELIVERSTOV 06/03/1977 Orenburg

the applicant died on 16/03/2016 his mother pursues the application

24/12/2012

IK-4 Orenburg

Handcuffed behind the back, punched in the chest. While laying on his right side, perpetrators repeatedly punched him on the left side of the chest, hit at least 15 times. Lasted approx. 5 minutes. Verbally abused, broken glasses

Prison guards Mr. S. and

Mr. D.

12/02/2013

Forensic examination report

Forensic Bureau in Orenburg

"Closed fracture of VIII rib on the left could be a result of the impacts of a hard and blunt object during the period under question", "serious harm"; "2 abrasions on the head could be a result of the impacts of a hard and blunt object applied repeatedly in the period of 10 days prior to 24/12/2012"

29/03/2013

Forensic examination report

"Closed fracture of VIII rib on the left could be a result of the impacts of a hard and blunt object during the period under question", "serious harm"; "2 abrasions on the head could be a result of the impacts of a hard and blunt object applied repeatedly in the period of 10 days prior to 24/12/2012"

24/06/2013

Expert examination no. 345

Closed fracture of VIII rib on the left resulted from the impacts of a hard and blunt object and could not be a result of a falling incident.

09/09/2013

Expert examination no. 567

Closed fracture of VIII rib on the left resulted from the impacts of a hard and blunt object.

30/10/2013

Expert examination no. 762

Closed fracture of VIII rib on the left and head abrasions could be a result of a fall if a significant collision force was applied

09/01/2014

Expert examination no. 897

Closed fracture of VIII rib on the left and head abrasions could be a result of other factors than the impacts of a hard and blunt object; abrasions could be a result of a hard and blunt object applied no more than 2 times

18/06/2014

Specialist examination no. 134/14

111 t h Main State Center for forensic and criminalistic examinations

No definite answer to the causes of a closed fracture. But injuries are not common for the case of falling down the stairs

02/02/2015

Specialist examination no. 5/15/15

No clear answer to the causes of the fracture, could be a result of just one or several traumati s ing impacts

No

Application No, date of introduction, representative

Applicant name , date of birth , place of residence

APPENDIX NO. 1:

Article 3 - Substantive aspect

Arrest

Ill-treatment

Evidence

Date / time

Region / town /street

Entity

Alleged facts

Date / time

Location

Alleged facts

Alleged perpetrator(s)

Date

Doc Type

Authority

Description of Injuries

5

8276/15

lodged on 06/07/2015

Aleksandr Vladimirovich VASILYEV 03/12/1960 Raisino

09/10/2010 (day time)

Train station Krakhal , Novosi-birsk Region

Baryshev-skiy police department of RUVD of the Novosibirsk Region

Arrested on suspicion of rape, taken to the police department. On 10/10/2010 he was taken to Novosibirsk district hospital no. 1. On 11/10/2010 the court ordered to place him in custody. From 11/10/2010 to 29/10/2010 he stayed in the Interregional prison hospital in Novosibirsk

09/10/2010 evening - 10/10/2010 after midnight

Baryshev-skiy police train station Inskaya

Broken ribs. The authorities denied use of force.

Police officers B., Ch., L.

11/10/2010

Medical epicrisis

Novosi-birsk district hospital

no. 1

Fracture of 5,6,7 left ribs; pneumothorax on the left

29/10/2010

Medical epicrisis

Interre-gional prison hospital in Novosi - birsk

Closed chest injury, bruises, abrasions on the body, face, limbs; two-sided pneumotho - rax

6

68544/14

lodged on 15/10/2014

represented by Committee against torture

Aleksandr Viktorovich BOGDANOV 24/10/1979 Orenburg

22/10/2011

Orenburg, at the applicant ’ s house

Police department no. 3 in Orenburg

Arrested at the applicant ’ s house on suspicion of murder. He was taken to the police department. On 25/10/2011 the Dzerzhinskiy District Court ordered the applicant ’ s placement in custody

22/10/2011

Police department, Orenburg, Brestskaya str. 3/1

The authorities denied use of force. The applicant alleges that he was suffocated with a plastic bag, punched and kicked

Police officers Sh., K.

24/10/2011

Expert exami -nation no. 8028

Forensic bureau in Orenburg

Bruises on the upper lip, right eye, around right ear, shoulder blades resulted from the impacts of a blunt and hard object

No

Application No, date of introduction, name of representative

Applicant name , date of birth , place of residence

APPENDIX NO. 2:

Article 3 - Procedural aspect

Domestic complaint and reaction of authorities

Date of Complaint

Authority

Date(s) of refusals

Procedural Outcome

1

70713/12

lodged on 09/10/2012,

represented by Olga Anatolyevna GNEZDILOVA

Vladimir Ivanovich KVASOV

14/02/1965

Voronezh

19/11/2009

Head of the Internal Affairs Unit in Voronezh Region ( Отдел собственной безопасности )

15/12/2009

Internal review: the applicant detained by the police on 11/11/2009 in the evening and released on 12/11/2009 around 8.00 a.m. Detained again the same day around 18.10 and conveyed to the police department . The a pplicant placed in IVS on 12/11/2009. On 13/11/2009 the court arrested him for 5 days. Reference to medical notes: a bruise around h is right eye; abrasions on both midlegs . No complaints from the applicant during the detentio n .

20/11/2009

Prosecutor of the Voronezh Region

07/12/2009 11/01/2010 25/01/2010 01/03/2010 25/03/2010 06/08/2010 27/04/2011

On 19/04/2012 the court rejected the complaint against the decision of 27/04/2011 reasoning that his complaints about ill-treatment were considered during the criminal proceedings against the applicant and were dismissed. Also there are several dismissals of the complaints of the applicant ’ s brother.

19/11/2009 Report that an offence has been committed ( Рапорт об обнаружении признаков преступления )

To the Head of the IZ-36/3 in Voronezh Region from Lieutenant of internal service

2

72354/14

lodged on 10/11/2014,

represented by Margarita Vladimirovna GORDEYEVA

Yuriy Yuryevich TYURIN 16/09/1991

Astrakhan

Roman Yuryevich TYURIN

27/02/1990

Astrakhan

30/01/2013

Investigation department of Trusovskiy district in Astrakhan

08/11/2013

On 17/01/2014 the Trusovskiy District Court upheld the refusal (upheld on appeal on 15/04/2014). The applicants offered active resistance; the police used physical force and handcuffs; the applicants voluntarily refused medical assistance upon arrival to IVS on 29/01/2013; no abuse of power on the part of the police officers.

3

50144/13

lodged on 08/07/2013

Mikhail Yuryevich MOKHOV

09/11/1974

Kamennyy Bor

No date

Investigation department of Vasileostrovskiy district

04/09/2012

The investigator refused to open a criminal case on 04/09/2012. The Vasileostrovskiy District Court upheld the refusal on 19/04/2013. On 01/08/2013 the St Petersburg City Court quashed the decision on appeal as the applicant was absent at the hearing. Outcome unknown

No

Application No, date of introduction, name of representative

Applicant name , date of birth , place of residence

APPENDIX NO. 2:

Article 3 - Procedural aspect

Domestic complaint and reaction of authorities

Date of complaint

Authority

Date(s) of refusals

Procedural Outcome

4

51153/14

lodged on 11/07/2014

represented by Olga Aleksandrovna SADOVSKAYA

Pavel Pavlovich SELIVERSTOV

06/03/1977

Orenburg

the applicant died on 16/03/2016; his mother pursues the application

24/12/2012 (filed by the applicant ’ s mother)

Head of the I nvestigation D epartment in Severny district of Orenburg

08/02/2013

The criminal case was opened on 21/02/2013; terminated on 31/01/2014 on the grounds of witness testimonies that the applicant was intoxicated and fell down a staircase. On 04/04/2014 Dzerzhinskiy District Court dismissed the complaint. On 23/05/2014 the appellate court quashed the decision. On 16/06/2014 the Dzerzhinsky District Court quashed the order of 31/01/2014 on termination of the case. On 10/11/2014 the case was terminated again. On 17/06/2015 the Leninskiy District Court dismissed the complaint against the decision of 10/11/2014. The appellate court upheld the decision on 26/08/2015

25/12/2012 (filed by the applicant ’ s mother)

Head of IK-4 in Orenburg

26/12/2012 (filed by the applicant)

Head of the I nvestigation D epartment in Severny district of Orenburg

5

8276/15

lodged on 06/07/2015

Aleksandr Vladimirovich VASILYEV

03/12/1960

Raisino

22/11/2010

Novosibirsk Investigation D epartment

17/07/2012 13/02/2014

The investigator refused to open a criminal case on the ground of the police officers statements, confused applicant ’ s statements concerning names of the perpetrators; authorities ’ version of fractures: the applicant allegedly fell from the height of 2 meters 2-3 days before the arrest and could break the ribs. The court upheld the investigator ’ s decision on 31/10/2014 (upheld on appeal on 24/12/2014: the applicant received the decision on 02/02/2015).

6

68544/14

lodged on 15/10/2014

represented by Committee against torture

Aleksandr Viktorovich BOGDANOV

24/10/1979

Orenburg

27/10/2011

Investigative D epartment in the Orenburg Region

10/01/2012 29/03/2012 28/07/2012 23/01/2014 30/06/2014 22/11/2015

On 12/05/2014 the Dzerzhinskiy District Court rejected the applicant ’ s complaint on the ground that in the conviction of 28/11/2012 the court had considered his arguments and dismissed them. On 10/07/2014 the appellate court upheld the decision. On 04/12/2015 the Dzerzhinskiy District Court rejected the complaint on the same grounds (upheld on appeal on 09/02/2016). The authorities version is that the applicant inflicted injuries himself before the arrest due to his intoxicated condition .

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KVASOV v. RUSSIA and 5 other applications

KVASOV v. RUSSIA and 5 other applications

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