CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2023

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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 the complaints raised under Article 3 of the Convention concerning the torture or inhuman or degrading treatment 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     27284/17* 31/03/2017 Sergey Sardionovich KOZAYEV 1976 Arevik Yurikovna Bagramyan Samara On 21/04/2014 the applicant was arrested on suspicion of murder and placed in detention in the IVS of the Samara Regional Police Department, where several police officers hung him upside down and beat him to make him confess to the crime. The applicant confessed under pressure. On 22/04/2014 when his lawyer visited him in the IVS, the applicant told her about the ill-treatment. Forensic medical examination act no. 04-8п/757 of 22/04/2014 by the Samara Regional Forensic Bureau (a bruise on the right forearm, six abrasions on the right shin that could have been caused by a hard blunt object within the period of up to three days before the examination). On 25/04/2014 the applicant lodged a complaint with the Samara Investigative Committee/ Refusals to open a criminal case on 12/20/2015 and 14/04/2016. On 26/12/2016 the Samara District Court in Samara dismissed the applicant’s appeal against the last refusal to open a criminal case/On 03/03/2017 the Samara Regional Court upheld that decision. On 08/04/2016 the Samara Regional Court convicted the applicant of homicide. On 06/10/2016 the Supreme Court of Russia upheld the conviction. Art. 6 (1) - unfair criminal proceedings - In their decisions the courts relied on the confession statement of 22/04/2014 allegedly obtained under duress at 4 a.m. in the absence of a lawyer;   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.     35939/18* 24/07/2018 Aleksandr Gennadyevich SHABALIN 1981 Deceased in 2019   Igor Nikolayevich Sholokhov Kazan 1. On 03/11/2015 at 9 a.m. the applicant was taken to the Nizhnekamskiy district police department on the suspicion of a theft, where the officers used force against him: severely hit him on the head, handcuffed him and gagged him with dirty clothes. Under pressure, the applicant confessed to the theft. On 25/11/2015 a criminal case against him was terminated as the CCTV video from the store proved that the theft had been committed by another person. 2. On 03/11/2015 at 7 p.m. the applicant was subjected to a medical examination to establish intoxication; it concluded that he was under the influence of opioids. On 03/11/2015, at 8.25 p.m. an administrative arrest record was drawn in respect of the applicant for committing an administrative offense under Article 6.9 § 1 of the CAO (drug use) and he was put into a cell for administrative detainees. At night, the applicant lost his eyesight, the ambulance was called and he was hospitalised. Medical examination act of 11/11/2015 by the Tatarstan Ophthalmic Clinical Hospital (bilateral toxic neurouveitis, orthophoria, eyelid hematomas, pupil deformity). Forensic examination act no. S/110-zh of 12/06/2016 by department no. 3 of the Federal Forensic Bureau (closed craniocerebral injury with visual impairment, the injury might have been the result of the alleged ill-treatment on 03/11/2015).   On 07/11/2015 complaint by the applicant’s sister with the Nizhnekamskiy District Investigative Committee in Tatarstan/ on 24/11/2015 a criminal case was opened against the police officers, then the proceedings were terminated on 02/03/2016, that decision was overruled, then the case was reopened and terminated on 31/05/2016, then it resumed again and terminated on 08/07/2017. On 27/04/2018 the Nizhnekamskiy District Court of the Republic of Tatarstan dismissed the applicant’s appeal against the last termination of the criminal proceedings/on 29/06/2018 upheld by the Tatarstan Supreme Court. The applicant was charged with an administrative offence under Article 6.9 § 1 of the CAO (drug use). The material of the case contains no information as to the final conviction under this charge.       38018/18* 02/08/2018 Yegor Alekseyevich ARABEY 1991     On 29/06/2017 the applicant was arrested on suspicion of drug dealing by the drugs unit of the Kanavinskiy District police station in Nizhniy Novgorod. According to the applicant, he was punched to his face and beaten up to make him show where he had hidden drugs. According to the police, they used force because the applicant had tried to flee. Record of bodily search of 29/06/2017 at the police station (the applicant had no visible injuries); certificate no. 30/1560 of 15/09/2017 issued by the temporary detention centre IVS (on arrival to IVS on 30/06/2017 (bruise on the left eye and a bruise on the back)); certificate no. 881 of 02/10/2017 issued by remand centre IZ-1 (on arrival to IZ-1 on 01/07/2017 (purple bruise on the left eye of 2 cm in diameter)). First complaint to the prosecutor’s office on 25/07/2017/ refusal to open a criminal case on 07/11/2017 as it was impossible to establish with certainty the origin of the applicant’s injuries. On 30/11/2017 the applicant challenged the refusal before the Kanavinskiy District Court of Nizhniy Novgorod. The fate of this complaint is unknown. The applicant also complained about ill-treatment during the trial that started on 10/11/2017 and subsequently on appeal. The trial court examined the medical evidence and questioned the police officers. It found no evidence of ill-treatment. That finding was confirmed on appeal.       01/12/2017 the Kanavinskiy District Court of Nizhniy Novgorod convicted the applicant of drug trafficking/ upheld on appeal on 06/02/2018 by the Nizhniy Novgorod Regional Court. Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.     54239/18* 30/10/2018 Ilya Anatolyevich KAPUSTIN 1990 Maksim Andreyevich Nikonov Vladimir On 25/01/2018 at about 9:30 p.m. the applicant was apprehended in St Petersburg by the officers of the Federal Security Service (FSB). He was thrown to the ground, beaten all over his body and dragged into the FSB minivan where he was handcuffed and electrocuted, for three hours, with an electrical taser about 40 times on the right side of his torso and genitals, which were unclothed for that purpose; all while being questioned about the involvement of other individuals in the criminal activity that he was allegedly implicated in. According to the applicant, as a result of that ill-treatment, he had no less than 81 electrocution marks which were inflicted all over right side of his torso and on his penis. On 26/01/2018 at about 1 a.m. he was taken to the office of the St Petersburg FSB. On 26/01/2018 at about 7 a.m. the FSB officers took him to his flat, where they carried out a search and seized computer equipment.             Medical Certificate of 26/01/2018 / Trauma Unit of the City Outpatient Department no. 3 of St Petersburg (bruising of soft facial tissue, nose, lower lip; injuries on both shoulders and the right side of a chest; electrocution burns on the right side of the abdomen, right hip and genital area on the right). Forensic report no.10/00001779 by the St Petersburg Forensics Bureau of 29/01/2018 (bruising of upper right eyelids, shoulders, knees, abrasions on upper extremities, abdomen, right hip and penis).   13/02/2018 complaint filed with the Investigative Committee of the Western Military Circuit/on 20/04/2018 - refusal to open a criminal case (the use of force against the applicant, including the use of taser, was justified as the applicant had resisted arrest). The refusal referred, inter alia, to the testimony of the trauma doctor (S.) who examined the applicant on 26/01/2018 and who explained that in the Medical Certificate of 26/01/2018 he had recorded the abrasions on the applicant’s body as electrocution burns because the applicant had identified them as such, although such abrasions could have also been consistent with insect bites (bed bugs) or symptoms of a skin disease. 17/07/2018 the Military Court of the St Petersburg Garrison upheld the refusal/on 06/09/2018 the Military Court of the St Petersburg District upheld that decision.     Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complains that he was detained by the FSB without any record for ten and a half hours between 9:30 p.m. on 25/01/2018 and 7 a.m. on 26/01/2018. He also complains that he was brought to the FSB office to be questioned as a witness in a criminal case but according to the national law, before enforced appearance is carried out, witnesses are first sent a notice to appear failing which they could be apprehended for questioning and the applicant received no such summons;   Art. 5 (2) - failure to inform promptly of the reasons for arrest - The applicant complains that he was not provided with any reasons for his arrest or any information concerning charges against him at the time of his arrest;     Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.       54903/18* 31/10/2018 Aleksandr Andreyevich VINOGRADOV 1982 Vitaliy Viktorovich Cherkasov St Petersburg (i) Events in connection with the allegations of ill-treatment   On 09/12/2016 at about 8:30 p.m. during police check of the applicant’s vehicle in Bugry, Leningrad Region, five patrol officers allegedly sprayed tear gas through a cracked-opened window into the car forcing the applicant to step out. Then he was pushed to the ground, hit in the kidney area, put back up and his hands were handcuffed behind the back. Then one of the officers allegedly applied a martial art blow to the applicant’s torso causing him to fall. Then the applicant was taken to the 87th police station in Vsevolzhsk and a couple of hours later to the Toksovskaya District Hospital where he was diagnosed with a closed fracture of the 6,7 and 8th right ribs.   (ii) Events in connection with the administrative proceedings against the applicant   On 05/05/2018 the applicant participated in an anticorruption protest in St Petersburg. He was allegedly detained between 5 p.m. on 05/05/2018 and 1 a.m. on 06/05/2018 in the police station. He was charged with (i) breaching the rules of public gathering and (ii) failure to comply with a lawful demand of a police officer. He was informed that the examination of his cases would take place on 07/05/2018 at the Krasnogvardeyskiy District Court of St Petersburg and that he was under an obligation to appear in court on that day. On 07/05/2018 at the court the applicant was informed that it had no information concerning either of his administrative case. His visit was duly registered in the court records. On 07/05/2018 the Krasnogvardeyskiy District Court examined both of his cases in his absence and fined him/ On 05/06/2018 the St Petersburg City Court dismissed the appeal against the two judgments of 07/05/2018. Hospital discharge record of 09/12/2016 – 19/12/2016 / Trauma Unit of the Toksovskaya District Hospital (fracture of the 6th,7th and 8th ribs on the right side). Medical Examination Act of 17/10/2017 / Vsevolzhsk Forensics Bureau (closed fractures of 6th, 7th and 8th ribs on the right side with displacement of bone fragments, caused as a result of a blunt force and shortly before [the applicant’s] admission to the hospital on 09/12/2016).   Between 09 and 19/12/2016 the applicant complained to the police in the Leningrad Region; Between 23/01/2017 and 26/02/2019 - nine refusals to open a criminal case; the investigators found that the use of force was justified as the applicant had refused to comply with the orders of the police officers during the car check; on 31/01/2018 – the 8th refusal to open a criminal case was overruled by the investigators’ superiors and additional steps were ordered.   01/02/2019 the Vsevolzhsk Town Court in the Leningrad Region dismissed the complaint against the 8th refusal owing to the decision of the investigators’ superiors of 31/01/2018. 07/03/2017 / Vsevolzhsk Town Court of the Leningrad Region / conviction of an administrative offence of breaching the public order aggravated by the failure to comply with lawful demands of an official, committed on 09/12/2016; 19/04/2017 - Leningrad Regional Court quashed the applicant’s administrative conviction.   07/05/2018 / Krasnogvardeyskiy District Court of St Petersburg / (i) breaching the rules of public gathering and (ii) failure to comply with a lawful demand of a police officer; 05/06/2018 / the St Petersburg City Court upheld both judgments. Art. 5 (1) - unlawful detention - The applicant complains that no recourse to escort procedure was necessary on 05/05/2018, nothing in his case indicates that it was not possible to draw a record of administrative offence on the spot, at the place of the protest action;   Art. 6 (1) - unfair trial in administrative offence proceedings - The applicant complains that his administrative cases were examined in his absence by the first-instance court on 07/05/2018;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 10 (1) and Art. 11 (1) - non-compliance with positive obligations in respect of participants in public events - The applicant complains that by preventing him from participating in a peaceful protest action against corruption and convicting him in administrative proceedings the authorities caused a disproportionate interference with his right to freedom of assembly;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant complains that he was convicted of two administrative offences arising from his participation in a single protest action, thus being punished twice in connection with one event.     18032/19* 27/03/2019 Pavel Andreyevich BARONIN 1990 Yekaterina Vanslova Nizhniy Novgorod At 8 p.m. on 14/05/2015 police officers of the Main Directorate for Extremism Prevention arrested the applicant in the park near "Volzhskaya" metro station in Moscow on the suspicion of an extremism-related crime. The police officers ran up to him and subjected him to beating, pushed him on the ground and bound his hands with metallic wire. He lay on the ground for several hours before being taken to the police station. 1) Notes from the IVS of the Southern Administrative Circuit of Moscow of 15/05/2015 (bruises on his head, face, left part of thorax and abrasions on his hand and left shoulder). 2) Extract from the medical card no. 17237-C of 15/05/2015 by Moscow Hospital no. 68 (bruises of the head and thorax). 3) Certificate of hospitalisation between 22/06/2015 and 06/07/2015 by the Lubertsy Town hospital no.2 (hearing loss on the left, condition after a concussion). 4) Forensic medical examination act no. 1707м/1772 of 20/05/2016 by the Moscow Forensics Bureau no.2 (multiple haematomas and abrasions on the head and face, bruises on his shoulders, hearing loss on the left. The injuries could have been caused by a hard blunt object. The exact time of infliction of the injuries could not be determined as the medical documents did not contain its morphological features). First complaint during the hearing on measure of restraint on 16/05/2015/ Several refusals to open a criminal case between 25/07/2015 and 14/11/2017, last - 29/01/2019. The Kuzminski District Court of Moscow on 16/07/2018, 28/01/2019 and 22/03/2019/ the proceedings were terminated since the contested refusals were overruled by the investigators’ superiors.   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment,   Art. 5 (3) - excessive length of pre-trial detention - Detention on remand is pending since 22/07/2020/ detention orders were issued by the Babushkinskiy District Court of Moscow, Moscow City Court, 2-nd Western Circuit Military Court, Military Court of Appeal/ specific defects - fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed     29910/19* 22/05/2019 Sergey Yevgenyevich KILDISHOV 1988 Vyacheslav Yuryevich Denisov Novosibirsk On 25/04/2018 officers of Drug Control unit no.5 in the Novosibirsk Region arrested the applicant on the suspicion of a drug-related crime. They pushed him on the ground, handcuffed and took him to the police station, where they subjected him to a beating to make him confess to drug trafficking. According to the applicant, the officers covered his head with a blanket, beat and kicked him on the head and stepped on his left wrist which had amputated fingers. Ambulance certificate of 06/07/2018 of the Novosibirsk Regional Hospital (ambulance team was called to the police station on 25/04/2018: suspected brain concussion, the applicant refused hospitalisation). Forensic medical report no. 5787 of 01/10/2018 by the Novosibirsk Region Forensics Bureau (bruises of the soft tissues of the head, abrasion of the temporal region. The injuries could have been caused by a hard blunt object within a day prior to the examination (26/04/2018)). On 20/06/2018 complaint to the investigator in the case opened against him/Refusal to open a criminal case of 29/10/2018/No appeal. The applicant raised the ill-treatment before the trial and appeal courts examining the criminal case against him; the courts examined the issue on the merits (the ambulance personnel and the police officers had been questioned). The complaint about ill-treatment was rejected it on 17/01/2019 by the Kirov District Court of Novosibirsk/Upheld on 24/04/2019 by the Novosibirsk Regional Court. Conviction of large-scale drug trafficking by the Kirov District Court on 17/01/2019/upheld by the Novosibirsk Regional Court on 24/04/2019       45704/19* 16/08/2019 Yelena Anverovna PALTSEVA 1970     On 23/03/2018 the applicant was beaten up by prison guards of IK-18 Nizhny Novgorod Region for allegedly refusing to exit her cell. Medical Examination Act of 23/03/2018 by medical ward no. 3 of hospital no.52 of the Federal Service for Execution of Sentences in Nizhny Novgorod (multiple bruises of a soft purple colour in different sizes and shapes). Medical Examination Act of 27/03/2018 from medical ward no. 4 (bruises on the left shoulder, 10 cm long and 5 cm wide yellow linear bruises on the posterior surface of the left elbow, 6 cm diameter bruises on the right shoulder, bruises on the anterior surface of the right forearm; bruises on the posterior surface of the left hip, under and above the knee).   On 02/04/2018 complaint to the Investigative Committee in the Nizhniy Novgorod Region/ Refusals to open a criminal case: 23/04/2018, 07/08/2018, 02/11/2018, 05/12/2018. On 18/07/2018 the Ardatovsk District Court in Mordovia terminated the proceedings as the refusal to open a criminal case had already been overruled by the investigators’ superiors / No appeal. On 19 and 20/02/2019 the Ardatovsk District Court refused to accept the applicant’s complaint referring to the overruling of the impugned refusals by the investigators’ superiors/ No appeal.   On 07/11/2011 the Krasnoglinskiy District Court in Samara convicted the applicant of drug-related crimes and sentenced her to 8 years’ imprisonment. Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment     54938/19* 12/10/2019 Artem Andreyevich SERGEYEV 1994 Larisa Valentinovna Alferova Perm In the evening on 20/09/2018, officers of police department no. 2 in Perm arrested the applicant in his flat. Then they knocked him down and punched him all over the body. Later, on the same date, at the police station they subjected him to further beating to make him confess to a sexual assault. Record at medical unit no. 59 in remand prison SIZO-6 Perm Region of 02/10/2018 (on the medical examination of 22/09/2018: right elbow abrasion, right knee abrasion, submandibular abrasion). First complaint to the Tver Investigative Committee on 21/09/2018/Refusals to open a criminal case of 22/10/2018, 14/01/2019, 29/04/2019. On 05/07/2019 the Industrialniy District Court of Perm rejected the complaint as the refusal of 29/04/2019 had been overruled by the investigators’ superiors on 25/06/2019) / no appeal. On 11/04/2019 the Industrialniy District Court of Perm convicted the applicant of three episodes of sexual assault and sentenced him to 18 years’ imprisonment/upheld on appeal by the Perm Regional Court on 11/06/2019. Art. 6 (1) - lack of fair hearing - Conviction of sexual assault of a minor, 7-th Cassation Court on 18/01/2022 (no second-tier cassation appeal to the Supreme Court). The applicant complains that he was deprived of a possibility of confidential communication with his attorney during the proceedings which included: i) inability to have confidential communication in a remand prison since, due to the COVID-restrictions, all meetings with attorney were organised in a room with a glass partition and were supervised by the convoy officers who passed all written communication between then; ii) inability to have confidential communications during the hearings, since the convoy officers were present and passed all the written communications between the applicant, confined in a glass cabin, and his attorney (Firstov v. Russia [Committee], no. 67312/12, 2 June 2020).   63744/19* 27/11/2019 Nariman Sabir-ogly ALIYEV 1960 Yevgeniya Olegovna Aleksandrova Tula On 24/11/2017 the applicant was arrested on suspicion of murder. On 25/11/2017 his medical examination was performed in the Nerungri police department - he had no injuries. Thereafter, six plain-clothes police officers kicked and beat the applicant on the legs, kidneys, left elbow and other parts of the body pressuring him to confess to the murder. On 26/11/2017 the applicant was taken to the Main Police Department of Yakutia where other police officers continued beating him to make him confess. Under duress, the applicant confessed to the murder. Expert report no. 796 of 25/11/2017 by the Sakha (Yakutia) Forensic Bureau (no injuries found). Expert report no. 993 dated 12/04/2018 by the Sakha (Yakutia) Forensic Bureau (hematomas on the back side of both forearms, front of the left shin caused by the hard blunt objects up to three-five days prior to the examination carried out at 11 p.m. on 26/11/2017). First complaint and three more complaints made to the investigators during the applicant’s interrogation between 23/03/2018 and 12/07/2018. On 02/08/2018 inquiry into the allegations/ refusals to institute the criminal proceedings on 09/05/2018, 06/08/2018 and 08/08/2018. The applicant raised his ill-treatment complaint before the trial court/on 10/11/2018 the court, having questioned ten of the implicated police officers all of whom denied the applicant’s ill-treatment, rejected the complaint and used the evidence obtained under the alleged duress for the applicant’s conviction. On 05/02/2019 Sakha (Yakutia) Supreme Court convicted the applicant of murder and sentenced him to 13 years’ imprisonment/ on 28/05/2019 conviction was upheld by the Supreme Court. Of Russia Art. 6 (1) - unfair criminal proceedings - use of confession statement of obtained as a result of duress (Turbylev v. Russia, no. 4722/09, § 90, 6 October 2015, and Aleksandr Konovalov v. Russia, no. 39708/07, §§ 53-56, 28 November 2017);   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   64909/19* 02/12/2019 Sergey ALEKSEYEV 1977 Lyubov Ivanovna Lobanova Olginskaya At 10.30 p.m. on 12/11/2016 officer I. of police station no. 82 of the Ministry of Interior of the Krasnoselskiy District of St Petersburg arrested the applicant on suspicion of a robbery and beat him during the arrest. Then on 12-13/11/2016 the same officer beat him on the head and kicked the body at the police station, forcing him to confess. When questioned as an accused, the applicant signed a confession statement at 11 a.m. (as in the documents) or late in the evening (according to the applicant) on 13/11/2016 in the presence of a State-appointed lawyer and was released on that date. Record of telephone message no. 721 to the police department of 14/11/2016, Out-Patient Clinic no.51 (suspected closed brain injury/brain concussion, bruises to the right ear, back, chest, left shoulder). Record of telephone message no. 5568 to the police department and medical certificate of 14/11/2016, City Hospital no. 26 (closed brain injury, bruises to the head, body and limbs). Forensic medical report no. 2166-II of 16/06/2017 (bruise to the left ear, chest, back, shoulders, could have been caused by at least 3 impacts of a solid blunt object, their being caused by a blow or kicks could not be excluded, insufficient information to confirm a brain injury). On 14/11/2016 and 15/11/2016 Out-patient clinic no.51 and City Hospital no. 26 respectively informed the police of the applicant’s injuries allegedly inflicted as a result of ill-treatment. At some point no later than 28/11/2016 the applicant complained of ill-treatment to the Krasnoselskiy District Police Department (explanations given on 23/11/2016). Refusals to open criminal proceedings of 28/12/2016, 01/06/2017, 20/07/2017, 14/12/2018, all but the latest overruled by the investigators’ superiors – the applicant received a copy of the latest refusal no earlier than on 19/07/2019 (as per official replies to the lawyer’s complaint about the refusals to provide a copy). Ill-treatment complaint examined during the trial, the court heard the applicant, the alleged perpetrator and other witnesses, reviewed medical documents. Complaint rejected, for the lack of evidence that the injuries had been inflicted by the police officer. On 06/02/2019 the Krasnoselskiy District Court of St Petersburg convicted the applicant of attempted robbery, sentenced him to six months’ suspended imprisonment, with one-year probation (as upheld on 03/06/2019 by the St Petersburg City Court). Conviction was based on the applicant’s confession of 13/12/2016. Art. 6 (1) - unfair criminal proceedings - use of confession statement of 13/11/2016 obtained as a result of duress (Turbylev v. Russia, no. 4722/09, § 90, 6 October 2015, and Aleksandr Konovalov v. Russia, no. 39708/07, §§ 53-56, 28 November 2017);   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   9611/20* 20/01/2020 Mikhail Yuryevich GNUSAREV 1973 Aleksandr Vladimirovich Kiryanov Taganrog On 28/09/2017 the applicant was stopped by the Taganrog Traffic police when pulling into his garage and refused to undergo alcohol testing. Police officer Dzh. applied a restraint hold twisting the applicant’s arm and dragged him to the police car. The applicant was taken to the police station, and later on the same day - to the emergency room, where he was diagnosed with injury of the right shoulder joint which necessitated a surgery. Medical emergency record no. 7109 of 28/09/2017 by the Rostov-on-Don municipal hospital no.1 (dislocation of the right shoulder joint, complaint of having been subjected to ill-treatment by police officers). Medical cards of the applicant’s outpatient and inpatient treatment by the same hospital (surgery performed on 03/11/2017). Forensic medical examination no. 103 of 26/01/2018 by the Taganrog Forensic Bureau (blunt closed trauma of the right upper limb: traumatic swelling of the right shoulder joint, tendon rupture, shoulder ligament rupture, dislocation of shoulder bone, scapular fracture, trauma aggravated by the development of hemarthrosis and tenovaginitis, degenerative-dystrophic changes in the shoulder bone; surgery performed on 03/11/2017; trauma classified as medium-severe causing the applicant long-term health damage; could be caused by abrupt taking of the hand behind the back and raising the hand up, done in the period shortly preceding the first examination, possibly on 28/09/2017). Forensic medical examination no. 192 of 24/03/2019 the Taganrog Forensic Bureau (confirmed the conclusions of the previous forensic medical examination). First complaint to the Taganrog Investigative Committee on 26/10/2017 / Refusals to open a criminal case: 25/11/2017, 19/01/2018, 22/03/2018, 28/06/2018, 05/09/2018, 26/10/2018, 07/12/2018, last - 29/03/2019. It was established that the damage caused to the applicant by police officer Dzh. had not been proportionate to the circumstances of the former’s administrative arrest. At the same time, the damage to the applicant’s health had not been intentional, but negligent. It could have resulted from the applicant’s resistance to the actions of Dzh. and Sh. The investigator further relied on the service inquiry into the actions of Dzh. and Sh., which found no violation of law in their actions. The applicant appealed against the last refusal to the Taganrog Town Court/ appeal dismissed on 07/10/2019 / upheld on 14/11/2019 by the Rostov Regional Court. On 29/09/2017 the Taganrog Town Court in the Rostov Region found the applicant guilty of failure to comply with lawful demands of a police officer and imposed an administrative fine on him. On 21/12/2017 the Justice of the Peace of the Taganrog Judicial Circuit of the Rostov Region found the applicant guilty of the failure to comply with the demand to be tested for alcohol, fined him and deprived him of his driving license for one year and six months. Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   11733/20* 15/02/2020 Sergey Yevgenyevich PEGUSHIN 1975 Larisa Valentinovna Alferova Perm In the evening on 04/11/2018 police officers of the Solikamsk Police Department arrested the applicant. One of the officers punched him during the arrest although the applicant was handcuffed. The officers took the applicant to the police station where they pushed him to the floor and repeatedly kicked him to force him confess to a sexual assault.   Record of physical injuries, medical ward no. 324 of temporary detention centre IVS at the Solikamsk Police Department of 20/07/2018 (on the medical examination of 05/11/2018: thorax and right elbow abrasions). Forensic medical report no. 1818 м/д of 23/10/2019 by the Solikamsk Forensic Bureau: thorax and right elbow abrasions. The injuries could have been caused by a hard blunt object. The exact time of infliction of the injuries could not be determined based.               On 08/11/2018 complaint to the Solikamsk investigative committee /Refusals on 05/04/2019, 16/05/2019, 19/09/2019. 10/02/2020 the Solikamsk Town Court rejected the applicant’s complaint as the refusal of 19/09/2019 had already been overruled by the investigators’ superiors / no appeal. Conviction of sexual assault of minors, Solikamsk Town Court on 26/06/2019/upheld on appeal by the Perm Regional Court on 22/08/2019.     15983/20* 06/04/2020 Kemal Shamilyevich TAMBIYEV 1991 Ruslan Orudzhevich Nagiyev Kazan On 14/06/2019 at 4 a.m. the applicant was allegedly beaten by officers of the Federal Security Service upon his arrest in Balashikha (Moscow Region) in connection with charges of membership in a terrorist organisation. His transfer to Makhachkala (Dagestan) was organised and he was allegedly beaten during the transfer. On 14/06/2019 at about 9 p.m. the applicant was brought to the Makhachkala Investigative Committee where he was questioned and allegedly further ill-treated until 3 a.m. on 15/06/2019. The arrest record indicated that the applicant was arrested on 14 June 2019 at 11:15 p.m. The investigator did not allow the lawyer of the applicant’s own choosing to see him. The interrogation record was drawn in the presence of the lawyer appointed by the investigator. On 18/06/2019 the applicant’s pre-trial detention was ordered by the Sovetskiy District Court of Makhachkala. It was prolonged on 13/08/2019 (upheld on 29/08/2019 on appeal); 11/09/2019 (upheld on 26/09/2019 on appeal); 12/11/2019 (upheld on 12/12/2019 on appeal) (reasons: gravity of crime; risk of absconding; the defence arguments to the contrary: parenting two minor children, having business and social ties to the community, positive character references, permanent place of residence; were ignored by the courts).   Forensic Medical Examination Act of 19/06/2019 / Medical Ward of the Makhachkala remand prison no. 1 (SIZO no. 1 Makhachkala) (dark blue hematomas on the left eye). 17/06/2019 – (i) first complaint by the applicant’s lawyer to the Investigative Committee about the alleged ill-treatment; (ii) a written request to the Head of the remand prison to carry out a medical examination of the applicant/No decision issued, no pre-investigative inquiry launched. On 17/09/2019 the Sovetskiy District Court in Makhachkala, referring to purely formalistic reasons, dismissed the applicant’s complaint about the lack of investigation into the ill-treatment/On 29/10/2019 the Dagestan Supreme Court upheld that decision.   Art. 3 - inadequate conditions of detention - Conditions of detention in cells nos. 1A and 44A of the pre-trial detention facility of Makhachkala (SIZO-1 Makhachkala) – between 19/06/2019 and still pending - standing or sitting only between 6 a.m. and 10 p.m.; forced shaving of head and shaving off beard; no air ventilation; toilet close to the table (2 m) emanating foul order, especially during mealtime; 24-hour video-surveillance of detainees,   Art. 5 (3) - lack of relevant and sufficient reasons for detention - neither the initial order for his detention nor the subsequent detention orders were based on relevant and sufficient reasons: the courts mainly referred to the gravity of crime allegedly committed by the applicant as the basis for his continuing detention;   Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention I. The judicial review of lawfulness of the applicant’s original pre-trial detention (immediately after his arrest) was in violation of the requirement of speediness: he was apprehended on 14/06/2019 but brought before the court only on 18/06/2019, that is to say, in breach of a 48-hour period provided for by the national law: II. Excessive length of judicial review of detention - Pre-trial detention order of 12/11/2019 reviewed by the appeal court belatedly (30 days after it was issued);   Art. 6 (3) (c) - own choice of legal assistance - (i) during interrogation on 14/06/2019 the lawyer who had been retained by his family was not allowed to be present; (ii) his lawyer was not informed about his whereabouts on the day of his arrest, the time of interrogation and the nature of charges.   40200/20* 11/08/2020 Konstantin Yuryevich PELEVIN 1981 Mariya Vyacheslavovna Yankina Novokuznetsk On 23/10/2017 the applicant was taken by two police officers to the Mezhdurechensk police department in the Kemerovo Region on suspicion of having murdered his wife. During the arrest and at the police station the officers punched, kicked and pistol-whipped him to make him confess to the crime. On the same date the officers reported to their superiors that the use of force against the applicant was due to his actively resisting the arrest. Later, on same day, without a lawyer being present, the applicant showed to the police the belt he had used to murder his wife. Between 23 and 25/10/2017 the applicant was detained in the temporary detention facility (ИВС). On 25 and 26/10/2017 he confessed to the murder in the presence of the State appointed lawyer. On an unspecified date the applicant hired a lawyer. On 01/12/2017 in the presence of the retained counsel he retracted his confession statements and complained about the ill-treatment by the police officers. Forensic expert report no. 1080 of 26/10/2017 by the Novokuznetsk Forensic Bureau (injuries and bruises on the scrotum, thorax, back, arms and legs, caused within 3-5 days prior to the examination, by at least 11 traumatic impacts). Examination by a neurologist of 09/11/2027 (mentioned in the above forensic report) (closed cranio-cerebral trauma of 23/10/2017). Additional forensic report no. 1481 of 21/12/2018 (document not provided, mentioned on page 19 of the conviction judgment). Complaint made on 26/10/2017 to the forensic expert during the examination and on 01/12/2017 to the investigator in the criminal case opened against the applicant. On 22/12/2017 and 26/04/2019 refusals to open a criminal case as the use of force was justified / No appeal. On unspecified dates the applicant complained of the ill-treatment to the trial court, which heard the two police officers who stated that the use of physical force had been necessitated by the applicant’s resistance. On 29/05/2019 the Kemerovo Regional Court convicted the applicant of murder. It excluded from evidence the applicant’s statements given on 23/10/2017 in the absence of a lawyer and dismissed his allegations of ill-treatment as unsubstantiated. On 26/12/2019 the Supreme Court of Russia upheld the conviction (the applicant obtained a copy of the decision on 18/03/2020). Complaint about ill-treatment raised during the trial.       6574/21* 07/01/2021 Konstantin Yuryevich VASILYEV 1977 Sergey Aleksandrovich Minenkov Moscow At 3.45 p.m. on 07/02/2020 officers of the Federal Security Service Department of the Omsk Region arrested the applicant (a high-ranking police officer) on the street, brought him to a service car, handcuffed him, beat him in the head, body and limbs and several times applied electro shocker to his knee. He was then taken to his flat for a search, and then to the FSB office for questioning on suspicion of fraud. He remained handcuffed there until 6 p.m. on 08/02/2020, and only received some water during that period. Forensic medical report no. 1431 of 08/02/2020 by the Omsk Region Forensic Bureau (multiple bruises on the applicant’s face, neck, body and limbs– a total of 18 injuries recorded; burns on a right knee); the IVS medical examination record on admission of the applicant of 10/02/2020 (abrasions and bruises to an eye, chest, limbs); additional forensic medical examination report no. 3182 of 02/04/2020 (injuries could not have been caused by a fall from the applicant’s own height; eight burn marks on a right knee could have been caused by application of an electric shocker). First complaint to the Omsk police department, on 10/02/2020/Refusals to open criminal proceedings: 21/04/2020, 27/06/2020. The complaints rejected mostly with reference to the FSB officers’ statements - the investigators found that some of the injuries had been caused by lawful actions of the officers during the arrest in response to the applicant’s active resistance and some had been self-inflicted. On 16/07/2020 the Omsk Garrison Military Court dismissed the applicant’s appeal against the latest refusal to open criminal proceedings as unsubstantiated/on 23/09/2020 the 2nd Eastern Circuit Military Court upheld that decision on appeal. The applicant’s arguments concerning a failure to reconcile the officers’ statements with his injuries rejected in a summary manner as unfounded.   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   7410/21 05/01/2021 Matvey Aleksandrovich ZASLAVSKIY 1980 Svetlana Nikolayevna Bayturina Moscow The applicant was arrested on 27/07/2019 during manifestation for fair elections to Moscow City Duma on Tverskaya street in Moscow by officers of the Moscow Main Directorate of the National Guard of Russia. According to the applicant, the officers put his arms behind his back, brought him down on his knees and dragged him in that position to a police car. Extract from the applicant’s medical card of 28/07/2019 by Moscow City Hospital no. 52 (bruise on the left elbow, abrasions on the head and both knees). On 18/11/2019 complaint to the Moscow investigative committee/no reply was given to the applicant as the complaint had been transmitted to the Moscow Main Directorate of the National Guard of Russia for internal investigation/ outcome of the complaint unknown. The applicant appealed against the failure of the investigative committee to take steps to investigate his ill-treatment. On 26/05/2020 the Tverskoy District Court of Moscow rejected his complaint/On 08/07/2020 the Moscow City Court upheld that decision.   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   13053/21* 03/03/2021 Ruslan Umetovich KASHESHOV 1987   Memorial Human Rights Centre Moscow On 22/06/2018 officers of the Federal Security Service and Kabardino-Balkaria police officers subjected the applicant to beatings at the police station to make him confess to several crimes. Forensic examination report no. 455-A of 27/06/2018 by Kabardino-Balkaria Republic Forensic Bureau (bruises on his face, chest, and right leg, abrasions on both arms and left leg). Forensic examination report no. 760-A of 20/11/2019 by Kabardino-Balkaria Republic Forensic Bureau (the injuries recorded during the examination on 27/06/2018 may have been sustained under the circumstances described by the police officer, because the applicant resisted arrest).   On 25/06/2018 complaint to the Kabardino-Balkaria investigative committee/Refusals to open a criminal case of 26/07/2018, 24/10/2018, 03/01/2019, 23/01/2019, 26/02/2019, 10/09/2019, 20/11/2019, 19/12/2019. On 15/09/2020 the Nalchik Town Court rejected the appeal against the last refusal/ upheld on 15/12/2020 by the Kabardino-Balkaria Supreme Court. 30/12/2019 the Southern Circuit Military Court in Rostov relying on confession statements of 22/06/2018 convicted the applicant of funding and supporting a terrorist organisation, purchase and storage of drugs, illegal possession of firearms and sentenced him to eleven years’ imprisonment/On 03/06/2020 the Appellate Military Court upheld the conviction. Art. 6 (3) (c) - own choice of legal assistance - conviction obtained in the absence of a lawyer;   Art. 6 (1) - unfair criminal proceedings - conviction had been based on the self-incriminating statements the applicant had made as a result of his ill-treatment and in the absence of a lawyer;   Art. 6 (1) - unfair criminal proceedings - conviction is based on the expert assessment conducted at the request of the prosecution, not of the court; he was acquainted with the order to conduct the assessment only after it had been conducted;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - anonymous witness;   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   14462/21* 24/02/2021 Ulan Kuvanychovich TYULENBAYEV 1991     At 9 a.m. on 06/07/2019 the applicant was subjected to ill-treatment in correctional colony IK-1 Tver Region by guards B., N., Ch., and D. who punched, kicked and handcuffed him. Reports on use of force and handcuffs were drawn up. Certificate issued by the medical department of the colony at 09:25 a.m. on 06/07/2019: abrasions on the forehead, hematomas in the armpits, arms, left shin. Certificate issued by the medical department of the colony at 10:05 a.m. on 06/07/2019: multiple abrasions of the head, hands, left shin. Date of first complaint is not available / first examination of the complaint by the Tver investigative committee of 08/11/2019 / several refusals to open a criminal case, latest -on 01/11/2020. Moskovskiy District Court of Tver, 25/06/2020 / Tver Regional Court, 02/09/2020.   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-1 Tver Region, 20/08/2019-03/11/2020, opposite-sex operators, video surveillance in a lavatory and/or shower room;   Art. 13 - lack of any effective remedy in domestic law in respect of the complaints of ill-treatment.   37612/21* 15/06/2021 Aleksey Vyacheslavovich SANTIMOV 1969     On 29/04/2019 the applicant was arrested and escorted to the police station. Between 29 and 30/04/2019 he was allegedly beaten by officers of the 26th Police Unit in the Krasnogvardeyskiy District in St Petersburg to obtain confession statements from him. Telephonogram no. 32742 of 01/05/2019 from the Aleksandrovskiy Hospital (closed blunt trauma to the chest, closed fracture of the 6th rib on the right side; the injuries sustained as a result of the applicant being beaten by police officers on 30/04/2019). Medical examination report on injuries from the emergency room of Hospital no. 2 of 08/05/2019 (Closed fracture of rib 6 on the right side dated 30/04/2019). Expert medical examination no. 2302-п (no date) (Fracture of 6th right rib; haematomas in wrist, forearms, left thigh). 4) Medical report no. 746 of 08/11/2019 (the bruises could have been caused by the applicant falling on a ladder; the fracture of the 6 th rib could not, however, have been caused by a fall on a step, the age of the fracture was less than 21 days). First complaint to the doctors at the Aleksandrovskiy Hospital on 01/05/2019; the hospital informed the police. First complaint to the St Petersburg Investigative Committee, May 2019 / Multiple refusals to open a criminal case: last – 06/10/2020. On 16/02/2021 the Krasnogvardeyskiy District Court of St Petersburg dismissed the applicant’