KUSHNIKOVA AND OTHERS v. RUSSIA - 41761/20 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 687 (14 September 2023)

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You are here: BAILII >> Databases >> European Court of Human Rights >> KUSHNIKOVA AND OTHERS v. RUSSIA - 41761/20 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 687 (14 September 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/687.html Cite as: [2023] ECHR 687

THIRD SECTION

CASE OF KUSHNIKOVA AND OTHERS v. RUSSIA

(Applications nos. 41761/20 and 9 others -

see appended list)

JUDGMENT

STRASBOURG

14 September 2023

This judgment is final but it may be subject to editorial revision.

In the case of Kushnikova and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 July 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table

2. The Russian Government ("the Government") were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the torture or inhuman or degrading treatment. Some applicants also raised other complaints under the Convention.

THE LAW

JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

JURISDICTION

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

ALLEGED VIOLATION OF ARTICLE 3 of the Convention

7. The applicants complained principally of the torture or inhuman or degrading treatment. They relied, expressly or in substance, on Article 3 of the Convention.

8. The Court has found in Bouyid v. Belgium ([GC], no. 23380/09, §§ 81-90 and 114-23, ECHR 2015), that presumptions of fact was in favour of applicants claiming to be victims of a violation of Article 3 of the Convention, if they demonstrate that the alleged ill-treatment was inflicted when they were under the control of the police or a similar authority. Moreover, in the context of detainees, the Court has emphasised that persons in custody are in a vulnerable position and that the authorities are under a duty to protect their physical well-being and that any recourse to physical force which has not been made strictly necessary by the applicants' own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention (see Sheydayev v. Russia, no. 65859/01, § 59, 7 December 2006). The burden of proof rests on the Government to demonstrate that the use of force, which resulted in the applicants' injuries, was not excessive (see, for example, Dzwonkowski v. Poland, no. 46702/99, § 51, 12 April 2007, and compare with Kursish and Others v. Russia [Committee], nos. 62003/08 and 5 others, § 84, 5 July 2022).

9. Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Mętel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to institute a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to comply with its procedural obligation under Article 3 of the Convention.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. The Court therefore finds these complaints admissible and holds that there has been a violation of the substantive and procedural limbs of Article 3 of the Convention in respect of all the applicants.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. The applicants in applications nos. 6533/21 and 13176/21 submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018, Karelin v. Russia, no. 926/08, 20 September 2016, Misan v. Russia, no. 4261/04, § 63, 2 October 2014, and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, § 127, 4 February 2020, and Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019.

REMANINING COMPLAINTS

12. Some applicants also submitted other complaints under the Convention. Having examined all the material before it, and given the Court's findings in paragraphs 10-11 above, the Court concludes that there is no need to examine separately these complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, ECHR 2014 ; Aleksandr Andreyev v. Russia, no. 2281/06, § 71, 23 February 2016; and Leonid Petrov v. Russia, no. 52783/08, § 86, 11 October 2016).

APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. Article 41 of the Convention provides:

"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

14. Having regard to the documents in its possession, its case-law (see, for similar situations, Zagaynov and Others v. Russia [Committee], nos. 5666/07 and 4 others, 15 June 2021, and Dauberkov and Others v. Russia [Committee], nos. 60844/11 and 2 others, § 64, 22 March 2022) and making its assessment on an equitable basis (see Bouyid , cited above, § 138), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;
Holds that it has jurisdiction to deal with the applicants' complaints as they relate to facts that took place before 16 September 2022;
Declares the applicants' complaints about torture or inhuman and degrading treatment at the hands of State officials, and other complaints raised under the well-established case-law of the Court (see appended table) admissible, and finds that it is not necessary to examine separately the remaining complaints raised by the applicants;
Holds that these applications disclose a breach of the substantive and procedural limbs of Article 3 of the Convention related to the applicants' torture or inhuman or degrading treatment;
Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 14 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Peeter Roosma

Acting Deputy Registrar President

APPENDIX

List of applications 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	Information relating to conviction	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
41761/20 16/09/2020	Klavdiya Petrovna KUSHNIKOVA 1947	Zadorozhnaya Mariya Aleksandrovna Nizhniy Novgorod	On 14/01/2019 four plainclothes police officers of the Vyselkovskiy district police department in the Krasnodar Region came to the applicant's house to arrest his daughter and her partner on suspicion of them having stabbed a person. The applicant's daughter refused to follow the police officers, and the police applied tear gas. The applicant, who was 71 years old and had hearing problems, did not realise that it was the police and grabbed an axe to threaten strangers. One of the officers made several shots at the applicant from his service gun, one of which hit her right wrist and made her drop the axe.	Examination act no. 132 of 14/01/2019 by the Vyselkovsk ambulance: gunshot wound to radius joint of the right wrist. Medical examination act no. 25/2019 of 15/02/2019 by the Krasnodar Forensic Bureau: gunshot laceration to the right wrist joint; the injury could have been caused by a bullet on/around 14/01/2019.	On 15/01/2019 inquiry initiated on the basis of the report of the police officers/On 25/01/2019 the Krasnodar Regional Investigative Committee refused to open a criminal case in respect of the police officers and prescribed to destroy several objects taken from the applicant's house after the events (including shell cases and other objects with traces of blood).	On 17/01/2020 the Tikhoretskiy District Court in the Krasnodar Region dismissed the applicant's appeal contesting the refusal/On 16/03/2020 the Krasnodar Regional Court upheld this decision.	On 21/02/2020 the Vyselkovskiy District Court convicted the applicant of the use of force in respect of the police and sentenced her to a fine of 35,000 Russian roubles (RUB). On 08/07/2020 the conviction was upheld by the Krasnodar Regional Court and then on 23/06/2021 by the 4th Cassation Court.		26,000
54193/20 08/12/2020 (4 applicants)	Aslan Safarbiyevich IRITOV 1968 Marina Borisovna IRITOVA 1963 Anzhelika Aslanovna MUSIPOVA 1987 Beslan Safarbiyevich IRITOV 1965	Vanslova Yekaterina Nizhniy Novgorod	The applicants are members of one family and reside together in Nalchik. The 1st applicant (Mr A. Iritov) has a disability of the 1st degree (missing hands). On 31/10/2017 a number of police officers entered the applicants' courtyard to allegedly deliver a warning to the first applicant that the manifestation he was organising was not approved by the authorities. The first applicant asked them to leave his property, but the officers refused. There was some verbal altercation, and the officers subjected the four applicants to beatings and forced them into the police bus to take them to a police station; the entire incident was filmed by one of the officers.	Medical examinations on 01/11 and 02/11/2017 by the Kabardino-Balkaria Forensic Bureau: the first applicant: hematomas on the face, right leg and on a right arm; the second applicant (Ms M. Iritova): fracture of the second finger on the right hand; the third applicant Ms A. Musipova): hematomas on the face, on the right knee; the fourth applicant (Mr B. Iritov): chest injury; fracture of the nineth rib; hematomas on the face.	On 31/10/2017 complaint to the Nalchik Investigative Committee/Refusals to open a criminal case on 11/02/2018, 14/03/2018, 22/03/2018 overruled by the investigators' superiors. Last refusal on 19/07/2019.	On 19/03/2020 the Nalchik Town Court rejected the applicants' appeal against the last refusal/on 18/06/2020 the Supreme Court of the Kabardino-Balkaria Republic upheld that decision on appeal.	On 26/10/2018 the Nalchik Town Court convicted the fourth applicant of violence against the police officers and sentenced him to six months of imprisonment/ No information on appeal. On 02/09/2021 the first applicant was convicted and was sentenced to 2 years of suspended imprisonment and fined RUB 20,000 by the Nalchik Town Court/ upheld on appeal by the Supreme Court of the Kabardino-Balkaria Republic on 29/12/2021 and by the 5th Cassation Court on 19/07/2022.		26,000, to each of the applicants
6533/21 22/01/2021	Islam Ramazanovich BARZUKAYEV 1993 Gasan Zakirovich KURBANOV 1990	Kogan Vanessa Moscow	Applicant no. 1 (Mr Barzukayev): at 10 a.m. on 15/06/2019 he was apprehended by police officers. A plastic bag was pulled over his head, he was taken to an unknown location and subjected to beatings and electrocution, to force him to confess. After he agreed to make self-incriminating statements, he was taken to the Derbent police station, where his arrest was formally recorded, and he confessed to weapons trafficking. Applicant no. 2 (Mr Kurbanov): at 3 p.m. on 15/06/2019 he was apprehended by police officers, taken to an unknown location, subjected to the same form of ill-treatment as Applicant no. 1. He was then taken to the same police station where he agreed to testify against himself and Applicant no. 1.	On 19/06/2019 the Dagestan Public Supervisory Committee visited the applicants in Derbent IVS and found injuries on their bodies, including marks of the supposed use of electric shocks on the applicants' fingers. Applicant no. 1: Forensic medical examination no. 260 on 21/06/2019 by the Makhachkala Forensic Bureau: extensive bruising of the right and left shoulder joints, clavicle, left shoulder, right iliac area, right shin; the injuries were caused by a hard blunt object about 10 days before the examination. Applicant no. 2: Forensic medical examination no. 261 on 21/06/2019 by the Makhachkala Forensic Bureau: abrasions on the right and left forearms and right knee joint; the injuries were caused by a hard blunt object five to seven days before the examination.	On 16/06/2019 a complaint was lodged to the Derbent police by the applicants' mothers and on 19/06/2019 to the Derbent Prosecutor by the Dagestan Public Supervisory Committee/ Refusals to open a criminal case on 03/08/2019, 10/10/2019, 12/12/2019, last one on 17/09/2020. The inquiry found that the physical force had been applied to the first applicant as he had resisted the arrest and tried to abscond (no record of the application of the physical force against the first applicant had been drawn up). No physical force had been used against the second applicant and no explanation for the injuries was provided.	On 07/02/2020 the applicants appealed against the refusal to open a criminal case of 12/12/2019 to the Derbent Town Court/On 11/02/2020 the court terminated the proceedings as the impugned refusal had been overruled by the investigators' superiors/On 22/07/2020 the Supreme Court of the Dagestan Republic upheld that decision.		Art. 5 (1) - unlawful deprivation of liberty - unauthorised detention: Applicant no. 1: From 10 a.m. on 15/06/2019 to 2 a.m. on 16/06/2019 Applicant no. 2: from 3 p.m. on 15/06/2019 to 1:30 a.m. on 16/06/2019: Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).	26,000, to each of the applicants
6574/21 07/01/2021	Konstantin Yuryevich VASILYEV 1977	Minenkov Sergey Aleksandrovich Moscow	At 3.45 p.m. on 07/02/2020 officers of the Federal Security Service (the FSB) of the Omsk Region arrested the applicant (a high-ranking police officer); they took him to a service car, handcuffed him, beat him in the head, body and limbs and applied several electric shocks 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 until 6 p.m. on 08/02/2020, and only received some water during the period.	Forensic medical report no. 1431 on 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 on 10/02/2020: abrasions and bruises to an eye, chest, limbs. Forensic medical examination report no. 3182 on 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 an electric shocker.	On 10/02/2020 complaint to the Omsk police department, /Refusals to open a criminal case on 21/04/2020 and 27/06/2020. The complaint was rejected 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 that some of the injuries had been self-inflicted.	On 16/07/2020 the Omsk Garrison Military Court dismissed the applicant's appeal against the latest refusal as unsubstantiated/ On 23/09/2020 the Second Eastern Circuit Military Court upheld that decision on appeal. The applicant's arguments concerning the failure to reconcile the officers' statements with his injuries were dismissed in a summary manner as unfounded.			52,000
13176/21 16/02/2021	Anton Borisovich RASIN 1989		At 1.30 p.m. on 19/07/2020, during a civil protest in support of the former governor of the Primorye Region Mr S. Furgal, the applicant was beaten by two police officers of the Primorye Regional Anti-extremist Crimes unit. They applied a chokehold technique, twisted the applicant's arm behind his back and hit him with a first in the right eye and left temple area.	Ambulance certificate of 19/07/2020 by the Vladivostok Ambulance Station: bruising of the right eye. Admission report no. 7893 on 20/07/2020 by the IVS of the Primorye police: hematomas of the forehead area and the right eye. Medical certificate no. 5275 on 25/07/2020 by the Vladivostok Eye Trauma Unit: mild concussion, hematoma of the right eye and of the right eye lid. Ultra-sound examination report of 29/07/2020 by the Vladivostok Private Medical Centre: swelling of the right eye. Forensic Medical Examination Certificate no. 17-13/2647/2020 of 05/08/2020 by the Primorye Regional Forensic Bureau: hematomas on the face, left shin, abrasions on both wrists and the right knee which had been inflicted by a blunt force object 5-10 days ago. Medical certificate of 12/08/2020 by the Medical Unit of the Russian Academy of Sciences: infected wound of the right knee joint.	On 21/07/2020 complaint to the Primorye Regional Investigative committee/ On 20/08/2020 - refusal to open a criminal case overruled on 21/08/2020 by the investigators' superiors. Further refusals: 31/08/2020 (unsubstantiated allegations) - overruled on 18/11/2020; decision of 18/12/2020 - overruled on 21/02/2021 and refusal of 26/03/2021.	On 19/03/2021 the Frunzenskiy District Court in Vladivostok dismissed the applicant's complaint against the refusal of 18/12/2020/ On 27/04/2021 the Primorye Regional Court upheld the decision.	On 20/07/2020 the Frunzenskiy District Court in Vladivostok convicted the applicant of the failure to comply with a lawful order of a police officer. The judgment was upheld on appeal on 19/08/2020 by the Primorye Regional Court.	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: on 19/08/2020 by the Primorye Regional Court; Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 19/07/2020 for the sole purpose of drawing up a record of administrative offence; Art. 8 (1) - unlawful search - search on 06/02/2021 of the applicant's flat, search warrant issued by the Pervorechenskiy District Court in Vladivostok on 05/02/2021, on 23/03/2021 the Primorye Regional Court dismissed the applicant's appeal: broad terms and scope of the search warrant; the applicant was not a suspect (see Misan v. Russia, no. 4261/04, § 63, 2 October 2014, and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, § 127, 4 February 2020).	6,500
30621/21 08/06/2021	Timur Batyrbiyevich ZHAMBEKOV 1976	Sadovskaya Olga Aleksandrovna Nizhniy Novgorod	02/06/2017 the applicant was apprehended in Nartan, Kabardino-Balkaria, by four police officers from the Nalchik police department on suspicion of theft. On the way to the station, as the applicant allegedly tried to abscond, the officers restrained him and hit him repeatedly in the head and the torso; thereafter, at the police station they subjected him to beatings in the head and torso.	On 03/06/2017 medical certificate no. 173 by the Nalchik remand prison: abrasions on the left shoulder, hematomas on the back and head. On 05/06/2017 a medical examination report of the same prison: numerous abrasions on the back, shoulders, left side of the chest, right arm, pain in the ribs and shoulders; hematomas on the face, both cheeks. On 13/06/2017 an expert evaluation by Kabardino-Balkaria Forensic Bureau: fracture of the ninth right rib, multiple abrasions and hematomas on the upper limbs, back, shoulders, left side of the chest and right arm. The injuries could have been caused by hard blunt objects within 10-15 days prior to the examination.	On 02/06/2017 complaint to the Kabardino-Balkaria Investigative Committee/ Between 02/07/2017 and 02/10/2020 seventeen refusals to open a criminal case - the last one on 02/10/2020. The refusals stated that the use of physical force had been justified as the applicant had tried to abscond.	On 14/12/2020 the Nalchik Town Court rejected the applicant's appeal against the refusal of 02/10/2020 as it had been overruled on 12/12/2020 by the investigators' superiors and an additional inquiry had been initiated.	On 15/11/2019 the Chegemskiy District Court convicted the applicant of theft and sentenced him to seven years and three months of imprisonment		26,000
35682/21 02/07/2021	Andrey Alekseyevich LIKHMAN 1987	Sadovskaya Olga Aleksandrovna Nizhniy Novgorod	On 31/05/2019, during his administrative arrest, the applicant was repeatedly hit in the head by police officers from the Timashevskiy District police station. He lost consciousness and after regaining it, he was handcuffed and taken to the police station.	Medical examination report no. 273 of 01/06/2019 by the Timashevskiy Municipal Hospital: skin abrasions, eyelid haematomas, extremities oedema. Medical certificate no. 9562 of 01/06/2019 by the same hospital: injuries of the soft tissues of the face, abrasions on the back. Medical examination of 01/06/2019 carried out upon the applicant's placement in the Timashevskiy Police Station: injuries of the soft tissues of the face, abrasions on the back and on the left knee.	On 01/06/2019 an official of the Timashevskiy Police Station filed a crime report registered under no. 6363 with his police station / on 08/06/2019 refusal to open a criminal case. On 01/08/2019 the applicant complained to the Krasnodar Investigative Committee/ Between 05/09/2019 and 29/11/2020, five refusals to open a criminal case. All overruled by the investigator's superiors. In each refusal, the ill-treatment allegations were considered to be unfounded.	On 30/10/2020 and 08/02/2021, respectively, the Timashevskiy District Court in the Krasnodar Region refused to examine the complaints against the decisions of 11/09/2020 and 29/11/2020 by which the applicant's ill-treatment complaint had been dismissed, as they had been overruled by the investigator's superiors.	On 12/11/2020 the Timashevskiy District Court in the Krasnodar Region convicted the applicant of use of violence against a public official in relation to the incident of 31/05/2019.		26,000
58175/21 10/11/2021	Anastasiya Vladimirovna RYAZANOVA 1992	Nurgaleyev Danil Ilnurovich Kazan	At 10 p.m. on 24/04/2020 the applicant was arrested in Obninsk, Kaluga Region, by officers of the Obninsk police station for an alleged violation of COVID self-isolation regime at her friend's flat. When she refused to get into the police car, the officers forced her in and took her to the police station. There they handcuffed the applicant, tied her legs and the neck with a tape, beat her in the face, pepper-sprayed her and poured a black substance and water on her. She was verbally abused and recorded on camera. At 11 a.m. on 25/04/2020 medical aid was provided to the applicant. Shortly thereafter, she was released from the police station.	Ambulance medical record on 25/04/2020: acute conjunctivitis. Medical report no. 1663 of 25/04/2020 by Civil hospital no. 8: multiple bruises of the soft tissues of the upper and lower extremities and on the head, closed fracture of the nose. Neurologist's certificate on 27/04/2020: closed craniocerebral trauma, concussion, soft tissue bruises of the head, upper and lower extremities, dyssomnia. Forensic report no. 383/2020 on 27/04/2020 by the Forensic Bureau of Civil hospital no. 8: fracture of the bones of the back of the nose with bruising of its soft tissues, the injury could have been caused by a single impact of a blunt object; bruises of the right auricle, bruises of the soft tissues of the chest on the posterior surface and the right lumbar region, multiple bruises of the soft tissues of the right and left hands, bruises of the soft tissues of the right thigh and lower leg, left shin, scratches of the skin on the right forearm, on the chest on the posterior and left lateral surfaces, The injuries could have occurred within the alleged time frame. It is unlikely that they could have been self-inflicted.	On 27/04/2020 complaint to the Obninsk Investigative Committee/ Latest (5th) refusal to open a criminal case on 13/05/2021.	On 14/08/2020 the Obninsk Town Court dismissed the applicant's appeal / On 30/09/2020 the Kaluga Regional Court remitted the case for fresh examination/On 23/03/2021 the Obninsk Town Court dismissed the appeal as the impugned refusal had been overruled.			52,000
2833/22 22/12/2021	Stanislav Aleksandrovich KHARITONOV 1982	Sadovskaya Olga Aleksandrovna Nizhniy Novgorod	On 11/08/2020 the applicant was arrested in Mednogorsk, Orenburg Region, by officers of the Mednogorsk police station "Kuvandykskiy". The officers handcuffed, suffocated and beat him with truncheons immediately after his arrest and then at the police station. On 12/08/2020 he was admitted to the IVS in Kuvandyk and on 14/08/2020 a criminal case was opened against him in connection with alleged use of force against the officers.	Emergency medical aid record in IVS no. 15664/39 on 12/08/2020: alcohol intoxication, periorbital hematoma on the right side. Extracts from the IVS registry of 12/08/2020: brain concussion. Medical record of 13/08/2020: brain concussion, closed craniocerebral injury, bruised scalp wound. Medical records issued by Civil hospital no. 2 in Orsk no. 258/260 on 15/08 and 19/08/2020: hospitalisation between 15 and 19/08/2020, closed craniocerebral injury, brain concussion, abrasions of the torso and limbs, violent trauma. Forensic report no. 749 of 16/09/2020 by the Orenburg Forensic Bureau: closed non-penetrating traumatic brain injury, bruises in the area of the right eye, right cheek, conjunctival haemorrhage of the right eye, brain concussion, abrasions of the limbs -could have occurred from the impact of a blunt object on/around 11-12/08/2020.	On 01/09/2020 complaint to the Kuvandyk Investigative Committee/several refusals to open a criminal case, last (the 7th) - on 16/09/2021.	The applicant appealed against the refusals to the Mednogorsk Town Court in Orenburg, which dismissed his appeals as the impugned refusals had been overruled by the investigators' superiors/Latest decision - on 15/07/2021 the court left the complaint unexamined as the impugned refusal had been overruled.	On 13/08/2020 the Mednogorsk Town Court in Orenburg Region convicted the applicant of disorderly conduct and sentenced him to administrative arrest of 3 days. On 17/09/2021 the same court found the applicant guilty of use of violence against a public official and sentenced him to 1 year and 8 months of imprisonment/Upheld on appeal by the Orenburg Regional Court on 17/12/2021.		52,000
3199/22 28/12/2021	Temirkhan Magomedkhanovich AMAKHANOV 1957	Shabanov Arsen Khidirnabiyevich Makhachkala	In the evening on 03/04/2016 the applicant called the police complaining about an allegedly unlawful construction nearby. At 11 p.m. three police officers from the Derbent police department came to the applicant's flat and, following a verbal argument, officers I. and S. used a stun gun against the applicant; officer I. also choked the applicant. After the applicant refused to go to the police station, officer I. fired his service gun three times, then tried to drag the applicant out of the flat hitting him in the lower back with that gun. Then the officers left. The applicant made a video recording of the incident on his mobile telephone.	Certificate of emergency care no.72 by the Derbent Interdistrict emergency station of 04/04/2016: multiple abrasions and hematomas of the soft tissue on various parts of the body which could have been caused in the circumstances described by the applicant. Expert report no. 151 of 10/05/2016 by the Derbent Forensic Bureau: multiple abrasions, possibly traces of stun gun, on the ribcage, left shoulder, left forearm, right shoulder and left foot and a hematoma on the left sheen. Statement of the applicant's wife Ms A. and a copy of the video recording of the incident.	On 06/04/2016 complaint to the Derbent Investigative Committee/Between 2016 and 2019 several refusals to open a criminal case/on 29/04/2019 a criminal case opened against officers I. and S. on account of the ill-treatment/ On 21/04/2021 the case was terminated for the lack of corpus delicti: the use of force against the applicant had been justified as the latter had threatened to stab the officers and refused to follow their orders.	On 16/06/2021 the appeal against the termination was rejected by the Sovetskiy District Court in Makhachkala/On 22/07/2021 the decision was upheld by the Supreme Court. of the Dagestan Republic			26,000

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

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

41761/20

16/09/2020

Klavdiya Petrovna KUSHNIKOVA

1947

Zadorozhnaya Mariya Aleksandrovna

Nizhniy Novgorod

On 14/01/2019 four plainclothes police officers of the Vyselkovskiy district police department in the Krasnodar Region came to the applicant's house to arrest his daughter and her partner on suspicion of them having stabbed a person.

The applicant's daughter refused to follow the police officers, and the police applied tear gas. The applicant, who was 71 years old and had hearing problems, did not realise that it was the police and grabbed an axe to threaten strangers. One of the officers made several shots at the applicant from his service gun, one of which hit her right wrist and made her drop the axe.

Examination act no. 132 of 14/01/2019 by the Vyselkovsk ambulance: gunshot wound to radius joint of the right wrist.

Medical examination act no. 25/2019 of 15/02/2019 by the Krasnodar Forensic Bureau: gunshot laceration to the right wrist joint; the injury could have been caused by a bullet on/around 14/01/2019.

On 15/01/2019 inquiry initiated on the basis of the report of the police officers/On 25/01/2019 the Krasnodar Regional Investigative Committee refused to open a criminal case in respect of the police officers and prescribed to destroy several objects taken from the applicant's house after the events (including shell cases and other objects with traces of blood).

On 17/01/2020 the Tikhoretskiy District Court in the Krasnodar Region dismissed the applicant's appeal contesting the refusal/On 16/03/2020 the Krasnodar Regional Court upheld this decision.

On 21/02/2020 the Vyselkovskiy District Court convicted the applicant of the use of force in respect of the police and sentenced her to a fine of 35,000 Russian roubles (RUB).

On 08/07/2020 the conviction was upheld by the Krasnodar Regional Court and then on 23/06/2021 by the 4th Cassation Court.

26,000

54193/20

08/12/2020

(4 applicants)

Aslan Safarbiyevich IRITOV

1968

Marina Borisovna IRITOVA

1963

Anzhelika Aslanovna MUSIPOVA

1987

Beslan Safarbiyevich IRITOV

1965

Vanslova Yekaterina

Nizhniy Novgorod

The applicants are members of one family and reside together in Nalchik. The 1st applicant (Mr A. Iritov) has a disability of the 1st degree (missing hands). On 31/10/2017 a number of police officers entered the applicants' courtyard to allegedly deliver a warning to the first applicant that the manifestation he was organising was not approved by the authorities. The first applicant asked them to leave his property, but the officers refused. There was some verbal altercation, and the officers subjected the four applicants to beatings and forced them into the police bus to take them to a police station; the entire incident was filmed by one of the officers.

Medical examinations on 01/11 and 02/11/2017 by the Kabardino-Balkaria Forensic Bureau:

the first applicant: hematomas on the face, right leg and on a right arm;

the second applicant (Ms M. Iritova): fracture of the second finger on the right hand;

the third applicant Ms A. Musipova): hematomas on the face, on the right knee; the fourth applicant (Mr B. Iritov): chest injury; fracture of the nineth rib; hematomas on the face.

On 31/10/2017 complaint to the Nalchik Investigative Committee/Refusals to open a criminal case on 11/02/2018, 14/03/2018, 22/03/2018 overruled by the investigators' superiors. Last refusal on 19/07/2019.

On 19/03/2020 the Nalchik Town Court rejected the applicants' appeal against the last refusal/on 18/06/2020 the Supreme Court of the Kabardino-Balkaria Republic upheld that decision on appeal.

On 26/10/2018 the Nalchik Town Court convicted the fourth applicant of violence against the police officers and sentenced him to six months of imprisonment/

No information on appeal.

On 02/09/2021 the first applicant was convicted and was sentenced to 2 years of suspended imprisonment and fined RUB 20,000 by the Nalchik Town Court/ upheld on appeal by the Supreme Court of the Kabardino-Balkaria Republic on 29/12/2021 and by the 5th Cassation Court on 19/07/2022.

26,000,

to each of the applicants

6533/21

22/01/2021

Islam Ramazanovich BARZUKAYEV

1993

Gasan Zakirovich KURBANOV

1990

Kogan Vanessa

Moscow

Applicant no. 1 (Mr Barzukayev): at 10 a.m. on 15/06/2019 he was apprehended by police officers. A plastic bag was pulled over his head, he was taken to an unknown location and subjected to beatings and electrocution, to force him to confess. After he agreed to make self-incriminating statements, he was taken to the Derbent police station, where his arrest was formally recorded, and he confessed to weapons trafficking.

Applicant no. 2 (Mr Kurbanov): at 3 p.m. on 15/06/2019 he was apprehended by police officers, taken to an unknown location, subjected to the same form of ill-treatment as Applicant no. 1. He was then taken to the same police station where he agreed to testify against himself and Applicant no.
1.

On 19/06/2019 the Dagestan Public Supervisory Committee visited the applicants in Derbent IVS and found injuries on their bodies, including marks of the supposed use of electric shocks on the applicants' fingers.

Applicant no. 1:

Forensic medical examination no. 260 on 21/06/2019 by the Makhachkala Forensic Bureau: extensive bruising of the right and left shoulder joints, clavicle, left shoulder, right iliac area, right shin; the injuries were caused by a hard blunt object about 10 days before the examination.

Applicant no. 2: Forensic medical examination no. 261 on 21/06/2019 by the Makhachkala Forensic Bureau: abrasions on the right and left forearms and right knee joint; the injuries were caused by a hard blunt object five to seven days before the examination.

On 16/06/2019 a complaint was lodged to the Derbent police by the applicants' mothers and on 19/06/2019 to the Derbent Prosecutor by the Dagestan Public Supervisory Committee/ Refusals to open a criminal case on 03/08/2019, 10/10/2019, 12/12/2019, last one on 17/09/2020.

The inquiry found that the physical force had been applied to the first applicant as he had resisted the arrest and tried to abscond (no record of the application of the physical force against the first applicant had been drawn up). No physical force had been used against the second applicant and no explanation for the injuries was provided.

On 07/02/2020 the applicants appealed against the refusal to open a criminal case of 12/12/2019 to the Derbent Town Court/On 11/02/2020 the court terminated the proceedings as the impugned refusal had been overruled by the investigators' superiors/On 22/07/2020 the Supreme Court of the Dagestan Republic upheld that decision.

Art. 5 (1) - unlawful

deprivation of

liberty -

unauthorised

detention:

Applicant no. 1:

From 10 a.m.

on 15/06/2019

to 2 a.m.

on 16/06/2019

Applicant no. 2:

from 3 p.m.

on 15/06/2019

to 1:30 a.m. on 16/06/2019:

Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

26,000,

to each of the applicants

6574/21

07/01/2021

Konstantin Yuryevich VASILYEV

1977

Minenkov

Sergey Aleksandrovich

Moscow

At 3.45 p.m. on 07/02/2020 officers of the Federal Security Service (the FSB) of the Omsk Region arrested the applicant (a high-ranking police officer); they took him to a service car, handcuffed him, beat him in the head, body and limbs and applied several electric shocks 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 until 6 p.m. on 08/02/2020, and only received some water during the period.

Forensic medical report no. 1431 on 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 on 10/02/2020: abrasions and bruises to an eye, chest, limbs.

Forensic medical examination report no. 3182 on 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 an electric shocker.

On 10/02/2020

complaint to the Omsk police department, /Refusals to open a criminal case on 21/04/2020 and 27/06/2020. The complaint was rejected 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 that some of the injuries had been self-inflicted.

On 16/07/2020 the Omsk Garrison Military Court dismissed the applicant's appeal against the latest refusal as unsubstantiated/

On 23/09/2020 the Second Eastern Circuit Military Court upheld that decision on appeal. The applicant's arguments concerning the failure to reconcile the officers' statements with his injuries were dismissed in a summary manner as unfounded.

52,000

13176/21

16/02/2021

Anton Borisovich RASIN

1989

At 1.30 p.m. on 19/07/2020, during a civil protest in support of the former governor of the Primorye Region Mr S. Furgal, the applicant was beaten by two police officers of the Primorye Regional Anti-extremist Crimes unit.

They applied a chokehold technique, twisted the applicant's arm behind his back and hit him with a first in the right eye and left temple area.

Ambulance certificate of 19/07/2020 by the Vladivostok Ambulance Station: bruising of the right eye.

Admission report no. 7893 on 20/07/2020 by the IVS of the Primorye police: hematomas of the forehead area and the right eye.

Medical certificate no. 5275 on 25/07/2020 by the Vladivostok Eye Trauma Unit: mild concussion, hematoma of the right eye and of the right eye lid.

Ultra-sound examination report of 29/07/2020 by the Vladivostok Private Medical Centre: swelling of the right eye.

Forensic Medical Examination Certificate no. 17-13/2647/2020 of 05/08/2020 by the Primorye Regional Forensic

Bureau: hematomas on the face, left shin, abrasions on both wrists and the right knee which had been inflicted by a blunt force object 5-10 days ago.

Medical certificate of 12/08/2020 by the Medical Unit of the Russian Academy of Sciences: infected wound of the right knee joint.

On 21/07/2020 complaint to the Primorye Regional Investigative committee/ On 20/08/2020 - refusal to open a criminal case overruled on 21/08/2020 by the investigators' superiors. Further refusals: 31/08/2020 (unsubstantiated allegations) - overruled on 18/11/2020; decision of 18/12/2020 - overruled on 21/02/2021 and refusal of 26/03/2021.

On 19/03/2021 the Frunzenskiy District Court in Vladivostok dismissed the applicant's complaint against the refusal of 18/12/2020/

On 27/04/2021 the Primorye Regional Court upheld the decision.

On 20/07/2020 the Frunzenskiy District Court in Vladivostok convicted the applicant of the failure to comply with a lawful order of a police officer. The judgment was upheld on appeal on 19/08/2020 by the Primorye Regional Court.

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: on 19/08/2020 by the Primorye Regional Court;

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 19/07/2020 for the sole purpose of drawing up a record of administrative offence;

Art. 8 (1) - unlawful search - search on 06/02/2021 of the applicant's flat, search warrant issued by the Pervorechenskiy District Court in Vladivostok on 05/02/2021, on 23/03/2021 the Primorye Regional Court dismissed the applicant's appeal: broad terms and scope of the search warrant; the applicant was not a suspect (see Misan v. Russia, no. 4261/04, § 63, 2 October 2014, and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, § 127, 4 February 2020).

6,500

30621/21

08/06/2021

Timur Batyrbiyevich ZHAMBEKOV

1976

Sadovskaya Olga Aleksandrovna

Nizhniy Novgorod

02/06/2017 the applicant was apprehended in Nartan, Kabardino-Balkaria, by four police officers from the Nalchik police department on suspicion of theft. On the way to the station, as the applicant allegedly tried to abscond, the officers restrained him and hit him repeatedly in the head and the torso; thereafter, at the police station they subjected him to beatings in the head and torso.

On 03/06/2017 medical certificate no. 173 by the Nalchik remand prison: abrasions on the left shoulder, hematomas on the back and head.

On 05/06/2017 a medical examination report of the same prison: numerous abrasions on the back, shoulders, left side of the chest, right arm, pain in the ribs and shoulders; hematomas on the face, both cheeks.

On 13/06/2017 an expert evaluation by Kabardino-Balkaria Forensic Bureau: fracture of the ninth right rib, multiple abrasions and hematomas on the upper limbs, back, shoulders, left side of the chest and right arm. The injuries could have been caused by hard blunt objects within 10-15 days prior to the examination.

On 02/06/2017 complaint to the Kabardino-Balkaria Investigative Committee/ Between 02/07/2017 and 02/10/2020 seventeen refusals to open a criminal case - the last one on 02/10/2020. The refusals stated that the use of physical force had been justified as the applicant had tried to abscond.

On 14/12/2020 the Nalchik Town Court rejected the applicant's appeal against the refusal of 02/10/2020 as it had been overruled on 12/12/2020 by the investigators' superiors and an additional inquiry had been initiated.

On 15/11/2019 the Chegemskiy District Court convicted the applicant of theft and sentenced him to seven years and three months of imprisonment

26,000

35682/21

02/07/2021

Andrey Alekseyevich LIKHMAN

1987

Sadovskaya Olga Aleksandrovna

Nizhniy Novgorod

On 31/05/2019, during his administrative arrest, the applicant was repeatedly hit in the head by police officers from the Timashevskiy District police station. He lost consciousness and after regaining it, he was handcuffed and taken to the police station.

Medical examination report no. 273 of 01/06/2019 by the Timashevskiy Municipal Hospital: skin abrasions, eyelid haematomas, extremities oedema.

Medical certificate no. 9562 of 01/06/2019 by the same hospital: injuries of the soft tissues of the face, abrasions on the back.

Medical examination of 01/06/2019 carried out upon the applicant's placement in the Timashevskiy Police Station: injuries of the soft tissues of the face, abrasions on the back and on the left knee.

On 01/06/2019 an official of the Timashevskiy Police Station filed a crime report registered under no. 6363 with his police station / on 08/06/2019 refusal to open a criminal case.

On 01/08/2019 the applicant complained to the Krasnodar Investigative Committee/ Between 05/09/2019 and 29/11/2020, five refusals to open a criminal case. All overruled by the investigator's superiors. In each refusal, the ill-treatment allegations were considered to be unfounded.

On 30/10/2020 and 08/02/2021, respectively, the Timashevskiy District Court in the Krasnodar Region refused to examine the complaints against the decisions of 11/09/2020 and 29/11/2020 by which the applicant's ill-treatment complaint had been dismissed, as they had been overruled by the investigator's superiors.

On 12/11/2020 the Timashevskiy District Court in the Krasnodar Region convicted the applicant of use of violence against a public official in relation to the incident of 31/05/2019.

26,000

58175/21

10/11/2021

Anastasiya Vladimirovna RYAZANOVA

1992

Nurgaleyev Danil Ilnurovich

Kazan

At 10 p.m. on 24/04/2020 the applicant was arrested in Obninsk, Kaluga Region, by officers of the Obninsk police station for an alleged violation of COVID self-isolation regime at her friend's flat. When she refused to get into the police car, the officers forced her in and took her to the police station. There they handcuffed the applicant, tied her legs and the neck with a tape, beat her in the face, pepper-sprayed her and poured a black substance and water on her. She was verbally abused and recorded on camera.

At 11 a.m. on 25/04/2020 medical aid was provided to the applicant. Shortly thereafter, she was released from the police station.

Ambulance medical record on 25/04/2020: acute conjunctivitis.

Medical report no. 1663 of 25/04/2020 by Civil hospital no. 8: multiple bruises of the soft tissues of the upper and lower extremities and on the head, closed fracture of the nose.

Neurologist's certificate on 27/04/2020: closed craniocerebral trauma, concussion, soft tissue bruises of the head, upper and lower extremities, dyssomnia.

Forensic report no. 383/2020 on 27/04/2020 by the Forensic Bureau of Civil hospital no. 8: fracture of the bones of the back of the nose with bruising of its soft tissues, the injury could have been caused by a single impact of a blunt object; bruises of the right auricle, bruises of the soft tissues of the chest on the posterior surface and the right lumbar region, multiple bruises of the soft tissues of the right and left hands, bruises of the soft tissues of the right thigh and lower leg, left shin, scratches of the skin on the right forearm, on the chest on the posterior and left lateral surfaces, The injuries could have occurred within the alleged time frame. It is unlikely that they could have been self-inflicted.

On 27/04/2020 complaint to the Obninsk Investigative Committee/ Latest (5th) refusal to open a criminal case on 13/05/2021.

On 14/08/2020 the Obninsk Town Court dismissed the applicant's appeal / On 30/09/2020 the Kaluga Regional Court remitted the case for fresh examination/On 23/03/2021 the Obninsk Town Court dismissed the appeal as the impugned refusal had been overruled.

52,000

2833/22

22/12/2021

Stanislav Aleksandrovich KHARITONOV

1982

Sadovskaya Olga Aleksandrovna

Nizhniy Novgorod

On 11/08/2020 the applicant was arrested in Mednogorsk, Orenburg Region, by officers of the Mednogorsk police station "Kuvandykskiy". The officers handcuffed, suffocated and beat him with truncheons immediately after his arrest and then at the police station. On 12/08/2020 he was admitted to the IVS in Kuvandyk and on 14/08/2020 a criminal case was opened against him in connection with alleged use of force against the officers.

Emergency medical aid record in IVS no. 15664/39 on 12/08/2020: alcohol intoxication, periorbital hematoma on the right side.

Extracts from the IVS registry of 12/08/2020: brain concussion.

Medical record of 13/08/2020: brain concussion, closed craniocerebral injury, bruised scalp wound.

Medical records issued by Civil hospital no. 2 in Orsk no. 258/260 on 15/08 and 19/08/2020: hospitalisation between 15 and 19/08/2020, closed craniocerebral injury, brain concussion, abrasions of the torso and limbs, violent trauma.

Forensic report no. 749 of 16/09/2020 by the Orenburg Forensic Bureau: closed non-penetrating traumatic brain injury, bruises in the area of the right eye, right cheek, conjunctival haemorrhage of the right eye, brain concussion, abrasions of the limbs -could have occurred from the impact of a blunt object on/around 11-12/08/2020.

On 01/09/2020 complaint to the Kuvandyk Investigative Committee/several refusals to open a criminal case, last (the 7th) - on 16/09/2021.

The applicant appealed against the refusals to the Mednogorsk Town Court in Orenburg, which dismissed his appeals as the impugned refusals had been overruled by the investigators' superiors/Latest decision - on 15/07/2021 the court left the complaint unexamined as the impugned refusal had been overruled.

On 13/08/2020 the Mednogorsk Town Court in Orenburg Region convicted the applicant of disorderly conduct and sentenced him to administrative arrest of 3 days.

On 17/09/2021 the same court found the applicant guilty of use of violence against a public official and sentenced him to 1 year and 8 months of imprisonment/Upheld on appeal by the Orenburg Regional Court on 17/12/2021.

52,000

3199/22

28/12/2021

Temirkhan Magomedkhanovich AMAKHANOV

1957

Shabanov Arsen Khidirnabiyevich

Makhachkala

In the evening on 03/04/2016 the applicant called the police complaining about an allegedly unlawful construction nearby. At 11 p.m. three police officers from the Derbent police department came to the applicant's flat and, following a verbal argument, officers I. and S. used a stun gun against the applicant; officer I. also choked the applicant. After the applicant refused to go to the police station, officer I. fired his service gun three times, then tried to drag the applicant out of the flat hitting him in the lower back with that gun. Then the officers left. The applicant made a video recording of the incident on his mobile telephone.

Certificate of emergency care no.72 by the Derbent Interdistrict emergency station of 04/04/2016: multiple abrasions and hematomas of the soft tissue on various parts of the body which could have been caused in the circumstances described by the applicant.

Expert report no. 151 of 10/05/2016 by the Derbent Forensic Bureau: multiple abrasions, possibly traces of stun gun, on the ribcage, left shoulder, left forearm, right shoulder and left foot and a hematoma on the left sheen.

Statement of the applicant's wife Ms A. and a copy of the video recording of the incident.

On 06/04/2016 complaint to the Derbent Investigative Committee/Between 2016 and 2019 several refusals to open a criminal case/on 29/04/2019

a criminal case opened against officers I. and S. on account of the ill-treatment/

On 21/04/2021 the case was terminated for the lack of corpus delicti: the use of force against the applicant had been justified as the latter had threatened to stab the officers and refused to follow their orders.

On 16/06/2021 the appeal against the termination was rejected by the Sovetskiy District Court in Makhachkala/On 22/07/2021 the decision was upheld by the Supreme Court. of the Dagestan Republic

26,000

[1] Plus any tax that may be chargeable to the applicants.