CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 juillet 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .sFC0D6575 { height:35.25pt } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s6CC5F4D4 { height:123.45pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } Published on 5 August 2024   THIRD SECTION Application no.   16334/20 Yevgeniy Viktorovich DUBININ against Russia (see table appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the application on 11 July 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the application should be given to the Government of Russia. In the enclosed table, 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 application 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 Application raising complaints under Article 3 of the Convention (torture or inhuman or degrading treatment) 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 Other complaints under well ‑ established case-law 16334/20 15/03/2020 Yevgeniy Viktorovich DUBININ 1974   Svetlana Nikolayevna Bayturina Moscow On 27/07/2019 the applicant participated in a manifestation in support of A. Navalnyy in Moscow. The police dispersed the crowd and used physical force against the applicant, banging his head against the bus. The applicant was taken to the Dorogomilovo police station, where a medical assistance was called for him and he was subsequently diagnosed with a concussion. On 21/08/2019 the applicant was charged with an administrative offence and was sentences by the Dorogomilovo District Court to a fine of 10,000   RUB. The decision was upheld on appeal on 08/10/2019 by the Moscow City Court. Excerpt from the applicant’s medical file of 27/09/2019 by the City Clinical Hospital no. 67: examination of neurosurgeon, recommendation to undergo neurological treatment. Medical certificate of 02/08/2019 by the Medsi Medical Clinic: concussion of the brain without open intracranial injury. On 07/08/2019 the applicant lodged ill-treatment complaint with the Tverskoy investigative department in Moscow.   On 07/08/2019 the authorities sent him a letter stating that the treatment to which the applicant had been subjected was lawful and there were no grounds for investigation. On 27/08/2019 the applicant appealed against the letter to the Tverskoy district court in Moscow.   On 02/09/2019 the court refused to examine his complaint for the lack of subject matter. On 09/10/2019 the Moscow City Court upheld that decision on appeal. Art. 5 (1) - unlawful detention - escorting to the police station on 27/07/2019 for compiling an offence report.   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings.