Published on 24 April 2023

SECOND SECTION

Application no. 60851/12 Turana Apkarovna VARZHABETYAN against Russia and 15 others applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 30 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 3 of the Convention relating to torture or inhuman or degrading treatment which are the subject of well-established case law of the Court (see Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014 and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 3 of the Convention (torture or inhuman or degrading treatment)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Factual information

Medical evidence of ill-treatment

Date of first complaint

Decision issued in response to complaint of ill-treatment

Decision under Article 125 of the CCrP

Appeal decision

Information relating to conviction

Other complaints under well-established case-law

60851/12*

08/10/2012

Turana Apkarovna VARZHABETYAN

1945Aleksey Nikolayevich Laptev

Moscow

On 26/03/2017 the applicant (72 years old at the time) held a solo picket in Moscow against corruption and wars in Ukraine and Syria. Officers of the Tekstilshchiki police department in Moscow forcefully placed the applicant’s hands behind her back and dragged her to the police van to take her to a police station. One of the police officers punched the applicant in the chest.

Medical examination act of 26/03/2017 by the Moscow Hospital no. 13: injuries of the right shoulder. The applicant was hospitalised between 26/03/2017 and 03/04/2017.

On 27/03/2017 complaint to the Moscow police / On 01/02/2018 letter from the First Operational police department of Moscow informing the applicant that her allegations were found to be unsubstantiated. No inquiry was carried out.

The applicant challenged the inaction of the authorities, including the failure to issue an official refusal to open a criminal case/On 06/08/2018 Tverskoy District Court of Moscow refused to examine the complaint for the lack of subject matter for the judicial review given the absence of a procedural decision/ On 03/12/2018 the Moscow City Court upheld this decision.

The applicant was convicted under article 20.2 § 5 of CAO for a solo picket and was fined RUB 10,000. Final decision: 20/06/2018, Moscow City Court.

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful detention beyond the statutory 3-hour limit (i) on 17/05/2012 between 7.30 p.m. and 11.15 p.m.; and (ii) on 26/03/2017 between 4.30 p.m. and 8 p.m. (raised on appeal),

Art. 10 (1) - disproportionate measures against solo demonstrators - Solo demonstration discontinued, escorting, administrative arrest on 26/03/2017, administrative sanction (fine of RUB 10,000, Article 20.2 § 5, final decision: 20/06/2018, Moscow City Court),

Art. 13 - lack of any effective remedy in domestic law to complain about ill-treatment by the police,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - proceedings in respect of solo picket on 26/03/2017, administrative fine of RUB, 10,000; 20/06/2018, Moscow City Court,

Art. 3 - inadequate conditions of detention during transport - van on 26/03/2017 for three hours, overcrowding, 0.2 sq. m of personal space,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Gathering for the Protection of the Khimki Forest, Moscow, on 17/05/2012, convicted under article 19.3 § 1 of CAO, and sentenced to administrative fine of RUB 500, on 12/07/2012 by the Presnenskiy District Court of Moscow.

55275/16*

12/09/2016

Pavel Pavlovich NIKULIN

1989Ilnur Ilgizovich Sharapov

Moscow

On 04/03/2012 the applicant, a journalist, participated in a manifestation in Moscow against results of the presidential elections, during which the police twisted his arms with excessive force and dragged him to the police bus to be taken to the Yakimanka police station, where they drew up a report of an administrative offence in response to the applicant’s participation in an unauthorised manifestation. The applicant was detained at the station for about three hours between 9 p.m. on 04/03/2012 and midnight 05/03/2012.

Medical certificate no. 48 of 06/03/2012 by the Pirogov Clinical Hospital no.1: abrasion of the right brow, abrasions and bruises of the upper extremities, contusion of the coccyx.

On 11/03/2012 complaint to the Moscow investigative committee/Between 09/04/2012 and 22/07/2014 twelve refusals to open a criminal case, each overruled by the investigators’ superiors for failure to take necessary steps.

On 01/03/2016 the applicant contested the authorities’ failure to effectively investigate his ill-treatment before the Tverskoy District Court/ On 03/03/2016 the court dismissed the complaint for the lack of subject matter/On 06/06/2016 the Moscow City Court upheld that decision on appeal.

On 04/04/2012 the Tverskoy District Court discontinued the proceedings against the applicant under Art. 20.2 of the CAO.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -

25536/18

04/04/2018

Irina Leonidovna KALMYKOVA

1960Yekaterina Anatolyevna MALDON

1972Nikolay Sergeyevich Zboroshenko

Mytishchi

On 12/08/2014 the applicants participated in a manifestation in support of Ukraine, when, at about 9.30 p.m. they were detained by the police, who twisted the second applicant’s arms and subjected her to a chokehold and then took both applicants to the Presnenskiy district police station. An ambulance was called for the second applicant. Early in the morning on 13/08/2014 both applicants were subjected to beatings to pressure them to give evidence. In the evening on 13/08/2014 the applicants were taken to the Tsentralniy District Court in Moscow, where an ambulance was called and both applicants were taken to the trauma unit of the Tsentralniy district in Moscow. As a result, the second applicant was hospitalised to neurological department of the Botkin Hospital until 15/08/2014 and then released, whereas the first applicant was released on 14/08/2014.

1st applicant: medical certificate of 13/08/2014 by Trauma unit no. 42 in Moscow: soft tissue contusion on the right shoulder, forearm, knee joint, left shoulder, abrasions of the left forearm and right ankle.

2nd applicant: (i) medical certificate of 12/08/2014 by Trauma unit no. 42 in Moscow: ligament damage of the right shoulder joint, soft tissue contusion on the right (ii) medical certificate of 13/08/2014 by Trauma unit no. 42 in Moscow: concussion of the brain, damage to the cervical spine, closed craniocerebral trauma, contusions, bruises to the face and head, fracture of the nose bones without displacement (iii) statement of 14/08/2014 by the Botkin hospital certifying that the second applicant was undergoing inpatient treatment for concussion of the brain, damage to the cervical spine, closed craniocerebral trauma, contusions, bruises to the face and head, fracture of the nose bones without displacement.

On 26/08/2014 and on 02/09/2014 the second and first applicants respectively complained to the Moscow investigative committee/ On 20/12/2014 refusal to open a criminal case for the lack of corpus delicti/On 02/05/2015 the refusal overruled by the investigators’ superiors/On 24/05/2015 new refusal to open a criminal case, overruled and on 20/10/2017 the last refusal to open a criminal case.

On 05/09/2017 the applicants contested the authorities’ inaction in the investigation of their ill-treatment before the Presnenskiy District Court, which on 27/09/2017 examined the complaint and dismissed it as unsubstantiated/On 12/12/2017 the Moscow City Court upheld that decision on appeal/On 22 December 2017 the Presnenskiy District Court examined and rejected the applicants’ appeal against the refusal of 20/10/2017 as unsubstantiated/ On 26/02/2018 the Moscow City Court upheld that decision on appeal.

48811/18*

05/10/2018

Golt Viktorovich REVAN

1997Ivan Yuryevich Zhdanov

Vilnius

On 27/07/2019 the applicant participated in demonstration for fair elections to Moscow Duma, during which he was hit by the police in the head and the extremities.

Medical certificate no.14578 of 28/07/2019 by Trauma unit no.1 of the Eramishantsev Hospital in Moscow: injury of the soft tissue of the head, hematomas on the head and both elbow joints.

On 05/08/2019 complaint to the Tverskoy district investigative committee/On 19/09/2019 the latter informed the applicant by a letter that his complaint did not disclose any violation of his rights and the use of force against him had been justified, no inquiry was carried out/No further information was given.

On 18/12/2019 to the Tverskoy District Court in Moscow rejected the applicant’s complaint about the authorities’ failure to open an inquiry into his ill-treatment as unsubstantiated /On 17/02/2020 the Moscow City Court upheld that decision on appeal.

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant taken to a police station as an administrative suspect on 12/06/2017 and 10/03/2019: there is no evidence/assessment that it was impossible to draw up an offence record on the spot;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 para. 5 of CAO (both sets of proceedings);

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

1) the applicant was found guilty of taking part in the unauthorised anti-corruption demonstration in Moscow on 12/06/2017; convicted under Article 20.2 para. 5 of CAO and fined RUB 10,000; final decision Moscow City Court 06/04/2018,

2) the applicant was found guilty of taking part in the unauthorised opposition demonstration in Moscow on 10/03/2019; convicted under Article 20.2 para. 5 of CAO and fined RUB 10,000; final decision Moscow City Court 26/06/2019 (complaint lodged on 09/10/2019).

5209/19*

11/01/2019

Vladimir Aleksandrovich FEDOROV

1987Yelena Yuryevna Pershakova

Moscow

On 05/05/2018 the applicant participated in an anticorruption manifestation in Krasnoyarsk, when his arms were twisted behind his back by police officers, then he was shoved on the ground falling face down. The incident was filmed on camera. Then he was taken to police station no. 10 in Krasnoyarsk and released after an administrative offence report was drawn up.

Certificate of 05/05/2018 by the Karpovich hospital of emergency care in Krasnoyarsk: closed craniocerebral injury, concussion of the brain, contusion of the left knee joint.

On 05/05/2018 the hospital informed the police about the applicant’s injuries/ On 17/05/2018 an inquiry was initiated by the Zheleznodorozhniy district investigative department/On 27/06/2018 refusal to open a criminal case as no physical force had been used against the applicant/ the refusal overruled on 05/12/2018 by the investigators’ superiors/On 09/01/2019 a new refusal to open a criminal case.

On 21/11/2018 the applicant appealed against the first refusal to the Zheleznodorozhniy District Court/on 05/12/2018 the court refused to examine the complaint as the impugned decision had been overruled/ On 29/04/2019 the applicant contested the second refusal before the same court/On 13/06/2019 the court dismissed the complaint as unsubstantiated/On 15/08/2019 the Krasnoyarsk Regional Court upheld that decision on appeal.

On 19/06/2019 the applicant was convicted of participation in an unauthorised manifestation under Art. 20.2 (6) of the CAO.

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was found guilty of taking part in the unauthorised anticorruption gathering in Krasnoyarsk on 05/05/2018; convicted under Article 20.2 para. 5 of CAO and sentenced to community service of 35 hours; final decision of the Krasnoyarsk Regional Court on 26/07/2018 (complaint lodged on 11/01/2019),

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect on 05/05/2018: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 (5) of the CAO,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the first-instance trial the police officers on whose written statements his conviction was based.

14605/20*

07/03/2020

Dmitriy Yuryevich KARASEV

1995Nikolay Sergeyevich Zboroshenko

Mytishchi

On 05/05/2018 the applicant participated in manifestation “He is not the Tsar to us”, during which police officers hit him with their truncheons, making him fall. Then one of the officers stepped on his arm and another one then used a special painful hold on him and dragged him to a police bus to be taken to a police station. According to the applicant, the policemen broke his two mobile telephones and a PC tablet.

Medical certificate no. 1262 of 05/05/2021 by the Shchekinskaya Hospital in Tula: abrasions of the left elbow, contusions of both shoulder-joints and abrasions on both legs.

On 18/06/2018 complaint with the Tverskoy district investigative department /No reply followed despite repeated requests for information.

On several occasions the applicant challenged the authorities’ inaction in respect of his ill-treatment before the Tverskoy District Court in Moscow, but to no avail as the court consistently refused to examine it for the lack of the subject-matter: no procedural decisions on the complaint had been taken. The last attempt - on 12/07/2019 the court examined the complaint and rejected it as unsubstantiated as the outcome of the examination of the ill-treatment complaint was not yet known /On 23/09/2019 the Moscow City Court upheld the decision on appeal.

21100/20

28/04/2020

Konstantin Aleksandrovich KONOVALOV

1989Raushaniya Rustemovna Kamalova

Kazan

On 27/07/2019 when the applicant was jogging by the site of the demonstration for fair elections to Moscow Duma, several police officers knocked him down, pinned him to the ground, twisted his arms and jumped on his legs. Then they took the applicant to the Airport police station in Moscow.

Medical examination act of 27/07/2019 by Moscow hospital no. 67 (injuries on the right knee, fracture of the tibia of the right leg).

On 05/08/2019 complaint to the head of the Russia investigative committee / letter of 07/08/2019 with refusal to register the complaint as no indication of criminal actions by the police officers had been detected- the use of force against the applicant was justified.

On 30/08/2019 the Tverskoy District Court of Moscow dismissed the appeal against the refusal to register the ill-treatment complaint for the lack of the subject-matter: the applicant’s complaint had not been registered by the law-enforcement authorities and no decision refusing to open a criminal case had been taken / On 18/11/2019 the Moscow City Court upheld it on appeal.

The applicant was convicted under article 20.2 § 5 of CAO and fined RUB 10,000/Upheld on 08/06/2020 by the Moscow City Court.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was convicted for participation in the unauthorised demonstration on 27/07/2019 (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 58-84, 20 September 2016),

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). The applicant remained in detention for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018): he was arrested at 11.18 a.m. and released at 3.55 p.m. on 27/07/2019,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross-examine in open court police officers on whose statements the applicant’s administrative conviction was based (see Frumkin v. Russia, no. 74568/12, §§ 163-167, 5 January 2016).

3011/22*

20/12/2021

Stanislav Olegovich MILYAKOV

1996On 23/01/2021 the applicant participated in a demonstration in support of A. Navalnyy in Moscow during which police officers hit him on the head and torso with truncheons, pulled his ear and carried him to the police bus to be taken to the Altufyevo district police station. There an ambulance was called for him and emergency doctors administered first aid. In the evening the applicant was released.

Ambulance call sheet no. 113740293 of 23/01/2021 by the Puchkov Emergency Care Station: swelling of the right ear with a wound with moderate bleeding, abrasion of the lower left tibia without ongoing bleeding.

Medical certificate no. 025601 of 23/01/2021 by Trauma unit no. 6: contusion to the auricle, contusion and saddling of the right shin and sprain of the right ankle joint.

On 28/01/2021 the applicant’s representative complained to the Moscow investigative committee/ On 18/02/2021 complaint forwarded to the Tverskoy investigative committee/On 24/05/2021 the latter informed the applicant by a letter that as no physical force had been used against the applicant, no inquiry into his allegations would be carried out/ On 24/05/2021 the applicant complained about the lack of injury to the Moscow Prosecutor/ On 07/06/2021 the latter refused to examine the complaint.

The applicant contested the investigators’ inaction before the Presnenskiy District Court in Moscow, which on 21/06/2021 dismissed the complaint for the lack of subject matter as no procedural decision had been taken/This decision was upheld on appeal by the Moscow City Court on 25/08/2021.

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was found guilty of taking part in the demonstration in support of A. Navalnyy in Moscow on 23/01/2021; convicted under Article 20.2 para. 5 of CAO and fined RUB 10,000; final decision Moscow City Court 21/06/2021 (complaint lodged on 20/12/2021),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO.,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the administrative proceedings under Article 20.2 (5) of CAO the police officers on whose written statements his conviction was based,

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect on 23/01/2021: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect.

3710/22

12/01/2022

Denis Vladimirovich PAKHNOV

1998Mariya Aleksandrovna Zadorozhnaya

Nizhniy Novgorod

On 31/01/2021 the applicant participated in a demonstration in support of A. Navalnyy in Moscow, during which two police officers twisted his arms and pushed him making him fall and hit right his knee. Then the applicant was taken to the Marfino police station where an ambulance was called for him and an administrative-offence report was drawn up. Shortly thereafter the applicant he was taken to the Ostankinskiy District Court which convicted him of participation in unauthorised meeting and released him.

Medical statement no. 6188/21 of 31/01/2021 by the Sklifosovskiy Institute of Emergency Care in Moscow: sprain of the ligament of the right knee joint.

Expert from medical file no. 1224/184 of 08/02/2021 by the Balashikha Regional Hospital: rupture of the internal meniscus of the right knee joint. The applicant was hospitalised between 02/02/2021 and 08/02/2021.

On 02/04/2021 the applicant’s representative complained to the Moscow investigative committee/ No reply followed, other than information that the complaint had been forwarded to the Russian Guards Service for examination.

On 19/05/2021 the applicant contested the investigators’ inaction before the Presnenskiy District Court of Moscow, which on 02/06/2021 dismissed the complaint for the lack of subject matter/This decision was upheld on appeal by the Moscow City Court on 03/12/2021.

On 31/01/2021 the Ostankinskiy District Court in Moscow convicted the applicant of participation in an unauthorized manifestation under Art. 20.2 (6) of the CAO and fined him RUB 10,000.

Art. 13 - lack of any effective remedy in domestic law - in respect of the complaints of ill-treatment,

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect on 31/01/2021 at 1.40 p.m.: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect.,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Art. 20.2 (6) of the CAO,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the administrative proceedings under Art. 20.2 (6) of the CAO the police officers on whose written statements his conviction was based.

4793/22*

28/12/2021

Iskander Muzaffarovich TAGAYEV

1999Andrey Gennadyevich Lepekhin

Chelyabinsk

On 05/05/2018 the applicant participated in a demonstration in support of A. Navalnyy in Chelyabinsk, during which he was detained by two police officers who twisted his arms, punched him in the chest and kicked him in the back.

Medical certificate no. 4862627595 of 05/05/2018 by Chelyabinsk clinic no.3: injuries of the chest and the lower back.

On 07/05/2018 complaint to the Chelyabinsk investigative committee/ On 22/08/2018, 27/04/2019, 05/09/2019, 03/10/2019 and 14/10/2020 refusals to open a criminal case. All, expect for the last one of 14/10/2020, were overruled by the investigators’ superiors.

The applicant appealed against each refusal to open a criminal case to the Tsentralniy District Court in Chelyabinsk. Shortly before the date of the hearing, each of the impugned refusals was overruled by the investigators’ superiors and the court refused to examine the matter/On 02/03/2021 the applicant appealed against the last refusal of 14/10/2021/On 11/06/2021 the court rejected it as unsubstantiated/On 14/09/2021 the Chelyabinsk Regional Court upheld that decision on appeal.

On 28/06/2018 the Tsentralniy District Court in Chelyabinsk found the applicant guilty under Article 220 (2).5 of the COA and fined him RUB 5,000/On 01/08/2018 the Chelyabinsk Regional Court quashed that decision on appeal and terminated the proceedings for the lack of evidence.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment

15415/22

25/02/2022

Mariya Vladislavovna ISAYEVA

1996Elza Albertovna Valiyeva

Nizhniy Novgorod

On 23/01/2021 the applicant participated in a demonstration in Moscow in support of A. Navalnyy during which a policeman hit her on the head and the upper part of her body with a truncheon.

Certificate no. 113738519 of 23/01/2021 by Moscow Emergency Care Station no. 9: compound injury and hematoma of the parietal region, injury of the soft tissue of the right forearm.

Certificate of 23/01/2021 by the Botkin State Clinical Hospital: compound injury and hematoma of the parietal region, injury of the soft tissue of the right forearm.

On 28/01/2021 complaint to the Moscow investigative committee/ On 02/02/2021 it was transferred to the Tverskoy district investigative committee and from there on 09/04/2021 to the Russian Guards Service/ On 20/05/2021 the latter informed the applicant by a letter that their agents had not violated the applicant’s rights. No inquiry was carried out and no further information given.

On 22/05/2021 the applicant contested investigator’s inaction before the Presnenskiy District Court of Moscow, which on 22/06/2021 dismissed the complaint as unsubstantiated/This decision was upheld on appeal by the Moscow City Court on 30/08/2021.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment

22324/22

13/04/2022

Timofey Kirillovich SOKOLOV

2003Mariya Aleksandrovna Zadorozhnaya

Nizhniy Novgorod

On 31/01/2021 the applicant, who was 17-years old at the time, participated in a demonstration in support of A. Navalnyy in Moscow, during which three police officers hit him in the back with truncheons, which was filmed on camera. Then the officers took the applicant to a police station where an administrative-offence report under Art. 20.2 (6.1) of the CAO was drawn up and the applicant was released.

Excerpt from medical file no. 4448-21 of 04/02/2021 by the Saint Vladimir Children Hospital: the applicant underwent hospitalisation between 01/02 and 4/02//2021 with the diagnosis of contusion of the lower back to the left.

Expert conclusion no. 397/2021 of 06/07/2021 by the Krasnodar Medical Forensic Centre: contusion of the lower back could have occurred under the circumstances as alleged by the applicant.

On 31/01/2021 the applicant’s mother complained about the ill-treatment to the Moscow investigative committee/The complaint was forwarded from one law-enforcement agency to another and pertinent information was given to the applicant despite his requests to this end/On 02/12/2021 the applicant was informed by a letter of the Moscow police that their officers had not violated his rights and therefore any correspondence with him on the matter should cease/On 24/01/2022 the applicant was informed by a letter from the Moscow investigative committee that his ill-treatment complaint had never been registered with law-enforcement authorities.

On 17/06/2021 the applicant contested the investigators’ inaction before the Presnenskiy District Court of Moscow, which on 27/07/2021 dismissed it as unsubstantiated as the complaint was still pending before the law-enforcement bodies/This decision was upheld on appeal by the Moscow City Court on 13/10/2021.

The administrative case against the applicant was dismissed on 14/07/2021 by the Lefortovskiy District Court in Moscow for the lack of evidence.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment

24584/22*

19/04/2022

Aleksandr Aleksandrovich SHEPELEV

1996Danil Ilnurovich Nurgaleyev

Kazan

On 21/04/2021, shortly before a manifestation in support of A. Navalnyy, the applicant, who was an active supporter, was at home, when a group of policemen from police station no. 2 in Lubertsy in the Moscow Region arrived at his flat to carry out a search. They subjected the applicant to punches in the groin area, in the ribs and stepped on his head when he fell on the floor. In the evening on that day the applicant was taken to the Lubertsy Regional Hospital. Then the applicant was taken to the police station, where he was detained until the morning of 22/04/2021.

Medical certificate no. 4226 of the Trauma Unit of the Lubertsy Regional Hospital dated 21/04/2021: subcutaneous haemorrhage of the left eyebrow, right shoulder joint, scapular area on both sides, left thorax, soft tissue contusion of the left chest and left hip.

On 27/04/2021 a complaint to the Lubertsy investigative department/On 25/09/2021 the refusal to open a criminal case, which was subsequently overruled by the investigators’ superiors as unlawful/On 25/11/2021 another refusal to open a criminal case, also overruled on 17/12/2021/On 09/02/2022 another refusal to open a criminal case; no further information was given.

The applicant’s appeals against each refusal before the Lubertsy Town Court and then before the Moscow City Court were to no avail as on the dates of hearing the impugned decisions were overruled. On 17/12/2021 the Lubertsy Town Court rejected the appeal against the refusal of 25/11/2021/On 01/02/2022 the Moscow City Court upheld it on appeal.

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment -

24710/22*

06/08/2021

Ivan Dmitriyevich KLEYMENOV

1991Lawyers of former Memorial Human Rights Centre

Moscow

On 31/01/2021 the applicant, a photojournalist, was taking pictures of the manifesting in support of A. Navalnyy from a balcony, when several police officers walked up to him and subjected him to beatings. Then they took him to the Yuzhnoye Medvedkovo police station and drew-up a report of an administrative-offence of participation in an unauthorised manifestation. An ambulance was called for the applicant, which took him to the Botkin Hospital in Moscow. The applicant was detained at the station for 19 hours without either food or drink or contact with family members.

Medical certificate of 31/01/2021 by the Puchkov Emergency Care Station: contusion to the frontal area, left temporal haematoma, contusion to the right ankle joint.

Hospitalisation record no. 113880746 of 31/01/2021 by the Botkin Hospital in Moscow: contusion to the frontal area, left temporal haematoma, contusion to the right ankle joint.

Examinations by a neurosurgeon and a trauma surgeon on 31/01/2021 at the Botkin Hospital: contusion to the frontal area, left temporal haematoma, contusion to the right ankle joint.

On 31/01/2021 complaint to the Yuzhnoye Medvedkovo police station/ On 11/02/2021 the police informed the applicant that the complaint had been forwarded to the Moscow police internal investigations unit and on 10/03/2021 to the Moscow investigative committee/ No other information given/No inquiry carried out to date.

The applicant contested the investigators’ inaction before the Presnenskiy District Court in Moscow, which on 26/01/2022 allowed the complaint /That decision was not complied with by the law-enforcement authorities, no inquiry carried out to date.

On 01/02/2021 the Babushkinskiy District Court in Moscow convicted the applicant of participation in an unauthorised meeting under Art. 20.2 (6) of the CAO and sanctioned him to 10-day administrative detention.

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 (6) of the CAO,

Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant was convicted under Art. 20.2 (6) of the CAO for participation in the unauthorised demonstration (final decision Moscow City Court 10/02/2021), however, he claimed that he had merely taken photos of the participants in it. He enclosed the editorial assignment confirming this fact; the authorities’ actions thus amounted to "interference" with the journalist’s right to collect and impart information (see Butkevich v. Russia, no. 5865/07, para. 123, 13/02/2018).

31735/22

15/06/2022

Daniil Andreyevich OGRENICH

1998Olga Aleksandrovna Sadovskaya

Nizhniy Novgorod

On 21/04/2021 the applicant participated in a demonstration in support of A. Navalnyy in St Petersburg during which he was detained by police officers, who twisted his arms and tased him twice. He was taken to police station no.39 in the Kolpinskiy district in St Petersburg, where an administrative offence report under Art. 20.2.2 of the CAO was drawn up.

Excerpt from medical file no. 5755 of 23/04/2021 by the St Petersburg City Clinic no.11: electric burn of the stomach to the left, 1x2 cm.

On 30/04/2021 complaint to the Admiralteyskiy district department of the investigative committee/No reply followed.

On 12/08/2021 the applicant contested the authorities’ inaction before the Oktyabrskiy District Court in St Petersburg/ On 05/10/2021 the court dismissed it on the grounds of the lack of the subject-matter: no procedural decisions on the complaint had been taken/On 15/02/2022 the St Peterburg City Court upheld that decision on appeal.

No proceedings were brought against the applicant.

48128/22*

01/10/2022

Mikhail Aleksandrovich STRELKIN

1989Aleksey Sergeyevich Lapuzin

Samara

On 06/03/2022 police officers of an unknown police department arrested the applicant during his anti-war solo picket in Samara. They dragged him to the bus, where they pinned him down to the bus floor, hit and kicked him in the head and torso.

Certificate of 06/03/2022 by the Samara Regional Hospital no. 1: soft tissue contusion of the head.

Certificate of 07/03/2022 by private clinic "Nauka": closed brain injury, concussion.

On 14/03/2022 complaint to the Samara investigative committee / on 22/03/2022 the complaint was forwarded to the internal security service of the Samara police. No pre-investigation inquiry conducted; no other information given to the applicant.

The applicant contested the authorities’ failure to carry out an inquiry into his complaint/On 28/06/2022 the Leninskiy District Court in Samara dismissed the complaint for lack of elements of a criminal offence /On 30/08/2022 the Samara Regional Court upheld the decision on appeal.

The applicant was convicted of administrative offence of discreditation of the Russian Army under 20.3.3 § 1 CAO by final decision of the Samara Regional Court of 30/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful detention on 27/02/2022 from 3.00 p.m. to 9 p. m. for the sole purpose of drawing up the record of administrative offence.

Art. 10 (1) - disproportionate measures against solo demonstrators - on 06/03/2022, Samara, picket against the war in Ukraine. The applicant was convicted of administrative offence of discreditation of the Russian Army under 20.3.3 § 1 CAO by final decision of the Samara Regional Court of 30/06/2022,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Manifestation against the war in Ukraine, Samara on 27/02/2022, article 20.2 § 5 of CAO fine of RUB 10,000, Samara Regional Court 02/06/2022;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings – decision of the Samara Regional Court on 30/06/2022 and the Samara Regional Court on 02/06/2022