KNYAZKINY v. RUSSIA and 4 other applications

 
Communicated on 11 February 2019
 
THIRD SECTION
Application no. 24592/10
Aleksandr Nikolayevich KNYAZKIN and
Andrey Nikolayevich KNYAZKIN against Russia
and 4 other applications – see appended list
STATEMENT OF FACTS
The applicants complained under Articles 3 and 13 of the Convention that they had been subjected to ill-treatment by State officials and that the State failed to conduct an effective domestic investigation into those incidents. All of the applicants submitted that their attempts to initiate criminal investigation in connection with the incidents proved futile.
 
The relevant details regarding the applicants’ allegations and their version of factual circumstances are reflected in the attached appendices. The information regarding the alleged breach of the substantive aspect of Article 3 in contained in Appendix no. 1. The reaction of the domestic authorities to the applicants’ complaints is reflected in Appendix no. 2.
 
The applicants also raised other complaints, subject of well-established case-law of the Court (see Appendix no. 3).
 
The table of cases:
 
No.
Application number
Introduction date
Name of the applicant(s);
date of birth;
place of residence
Represented by
1.
24592/10
09/04/2010
Aleksandr Nikolayevich KNYAZKIN
01/01/1978
Saransk
Andrey Nikolayevich KNYAZKIN
Saransk
Aleksandr Mikhaylovich PLODUKHIN
2.
27965/10
12/05/2010
Aleksandr Sergeyevich CHALENKO
17/11/1987
Voronezh
Ilya Vladimirovich SIVOLDAYEV
3.
15362/12
10/02/2012
Mikhail Eduardovich PETROV
06/08/1973
Saratov
 
4.
15477/12
21/02/2012
Sergey Nikolayevich GAVRICHKOV
06/10/1988
Fornosovo
Aleksandr Konstantinovich GORTALOV
5.
46132/13
29/06/2013
Valentin Viktorovich IVANOV
13/07/1947
Saratov
Boris Ivanovich KOZLOVSKIY
 
QUESTIONS
1. Having regard to the injuries found on the applicants after the time spent by them in State custody, have the applicants been subjected to torture, or inhuman or degrading treatment, in breach of Article 3 of the Convention (see, among other authorities, Razzakov v. Russia, no. 57519/09, 5 February 2015; Gorshchuk v. Russia, no. 31316/09, 6 October 2015; Turbylev v. Russia, no. 4722/09, 6 October 2015; Fartushin v. Russia, no. 38887/09, 8 October 2015; Aleksandr Andreyev v. Russia, no. 2281/06, 23 February 2016; and Leonid Petrov v. Russia, no. 52783/08, 11 October 2016)?
 
2. Have the authorities discharged their burden of proof by providing a plausible or satisfactory and convincing explanation of how the applicants’ injuries were caused (see Selmouni, cited above, § 87, and Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000‑VII and Bouyid v. Belgium [GC], no. 23380/09, § 83 and further, ECHR 2015)?
 
3. Did the authorities carry out an effective investigation, in compliance with the procedural obligation under Article 3 of the Convention (see Lyapin v. Russia, no. 46956/09, §§ 125-40, 24 July 2014), having regard to:
 
(a) the investigating authorities’ refusals to open criminal cases and investigate the applicants’ allegations of ill-treatment by the State officials, and the overruling of those refusals as unlawful and unsubstantiated by higher investigative authorities or courts, and
 
(b) the investigating authorities’ inability to implement full investigative measures within the framework of the pre-investigation inquiries, before and/or after amendments to the Code of Criminal Procedure introduced by Federal Law no. 23-FZ of 4 March 2013, for example, confrontations, identification parades, searches, and so forth?
 
4. Having regard to the use of the applicants’ “statements of surrender and confession” (явка с повинной), which were allegedly obtained as a result of their ill-treatment by the police (see Appendix No 3), did the applicants have a fair hearing, in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Turbylev v. Russia, no. 4722/09, 6 October 2015 and Aleksandr Konovalov v. Russia, no. 39708/07, 28 November 2017)?



 
No
 
Application no. and title
APPENDIX No. 1
Article 3 - Substantive aspect
ARREST
ALLEGED ILL-TREATMENT
EVIDENCE
Date
Time
Facts
Region Town
Street
Entity
Date
Time
Location
Alleged Facts
Perpetrator(s)
Date
Doc Type
Authority
Description
of Injuries
1.
24592/10
Knyazkiny
v. Russia
10/05/2009 in the evening
Saransk, at the apartment of the applicants
Police unit, Atyashchevsky District of the Republic of Mordovia
Arrested on suspicion of murder
After arrest
Atyashchevsky Department of the Interior (РОВД) of the Republic Mordovia
Blows over legs, suffocating, beating on the head by a truncheon, beating by plastic bottles full of water, threats of further violence
Head of criminal
militia V.
22/06/2009
Medical certificate
Republican Hospital of Mordovia
Brain trauma
13/05/2009
Forensic examination report
Forensic Bureau of the Republic of Mordovia
Abrasion of the right zygomatic region, five neck abrasions, abrasion on the right shin, appeared out of the impact of blunt hard objects.
2.
27965/10
Chalenko
v. Russia
06/09/2008
Voronezh, building of the Zhelezno-dorozhny Department of the Interior (РОВД)
Zheleznodo-rozhny Department of the Interior (РОВД) of Voronezh
 
After apprehen-sion on suspicion of infliction of the grievous bodily harm on a third person, 06/09/2008, after 16:00
Zheleznodorozhny Department of the Interior (РОВД) of Voronezh
 
Beating, torturing by applying electric shock to the scrotum.
Police officer Mi. and other police officers
08/09/2008
Forensic examination report
Forensic Bureau of the Voronezh Region
Bodily injuries in the form of bruises on the right shoulder joint, on the back surface of the chest, in the lumbus area on the left, on the right hip, abrasions on the left forearm, inflicted by the impact of a hard blunt object.
04/02/2009
MRI report
Medical centre ‘ Chernozemye’
Breakage of the right lobe of liver.
3.
15362/12
Petrov
v. Russia
22/02/2011
50-years October Str., Saratov
Traffic police,
Caught in flagrant (robbing), brought to Leninskiy District Police Office of Saratov
22/02/2011
7:00 -8:00
Police Office N1, Sadovaya Str.158, Saratov
The applicant was brought to the Criminal Investigation Office - beaten, electrocuted, gas mask. On 23/02/2011 confessions made. State counsel signed the Protocol (not enclosed). On 24/02/2011 Transfer to IVS – first medical examination.
Police officers Pr., Ba., Ve.
24/02/2011
Medical certificate of IVS
IVS -Saratov
Medical Certificate N149: abrasions of left cheekbone, eyes, nose, ears, right temple; bruises on shoulders, legs, hands, buttocks, abdominal wall and breast. On 20/05/2011 Investigator refused to launch criminal investigation.
4.
15477/12
Gavrichkov v. Russia
13/05/2010 at 24:00
Communa Str.50,
St Peters-burg
22nd Police Office / IVS/KAZ
 
Caught in flagrant (drug dealing)
13/05/2010
2nd Police Office
 
 
15/05/2010
Medical Records
City hospital /ambulance
Numerous abrasions on the neck, eyelids, ears, legs, shoulders, hands.
28/10/2010
Medical Report N 10
Forensic Department of Medical Academy
Same injuries and concussion
14/06/2011
Forensic Report N 180
Forensic Bureau of
St. Petersburg
Same injuries, beatings substantiated
 
5.
46132/13
Ivanov
v. Russia
07/03/2012
at night and
08/03/2012 time unclear
Saratov, GSK "Tavria"
GU MVD for the Saratov Region
 
Knocked down (face down), handcuffed
08/03/2012 time unclear
Investigation Department, B. Sadovaya, Saratov
The applicant’s version: a plastic bag and a gas mask were put on his head, he was brought to an office, a chair was placed on his back and somebody sat on that chair; then he was beaten on his head; he suffered electric shocks on his legs.
Three persons (presumably the ones who arrested him) but he did not see them
08/03/2012
Forensic examination
Forensic Bureau for Saratovskaya Region
Bruises on wrists, bruises and scratches on the face, bruises and scratches on both knees.
28/11/2012
Forensic examination (based on the medical documents of 08/03/2012 and 10/03/2012)
Forensic Bureau for Saratovskaya Region
Bruises on wrists, bruises and scratches on the face, bruises and scratches on both knees, thermal burns on both legs.
 


No
Application no.
and title
APPENDIX No. 2
Article 3 - Procedural aspect
DOMESTIC COMPLAINT AND THE GOVERNMENT REACTION
Date of
Complaint
Authority
Type of
Reaction
Date(s)
Procedural Outcome
1.
24592/10
Knyazkiny v. Russia
10/07/2009
Chamzinka Interdistrict Investigative Unit of the Investigative Branch of the Investigative Committee for the Republic of Mordovia
Consistently refused
02/10/2009
The Investigative Committee several times refused to open investigation. The applicant challenged refusal in the national court, but to no avail (Decision of the Chamzinka District Court of the Republic of Mordovia of 29/09/2009), as the decision to refuse to open an investigation was quashed by the investigator just before the hearing. The Investigator again refused to open an investigation on 02/10/2009.
The decision to refuse to open an investigation was numerously quashed. Challenging the decision in court did not bring any results. No due examination of the applicant’s complaints.
2.
27965/10
Chalenko v. Russia
08/09/2008
Investigative Unit for the Zheleznodorozhny District of Voronezh of the Investigative Committee
Consistently refused
20/11/2009
The Investigative Committee several times refused to open an investigation. The applicant challenged refusal in the national court, but to no avail (Zheleznodorozhny District Court of Voronezh of 30/10/2008), as the decision to refuse to open an investigation was quashed by the investigator just before the hearing. The investigator again refused to institute criminal proceedings on 06/11/2008. The applicant made a request to the prosecution to initiate criminal proceedings, received rejection on 20/11/2009. The applicant challenged in the national court the similar decision of the prosecutor of 10/09/2008 - no decision enclosed. (The applicant’s arguments were also analysed by the court in the main criminal proceedings, who questioned the witnesses of the alleged torture.
The decision to refuse to open an investigation was quashed multiple times. Challenging the decision in court did not bring any results. No due examination of the applicant’s complaints.
3.
15362/12
Petrov v. Russia
n/a
Investigator
Refused, then granted
20/05/2011
On 20/05/2011 the investigator refused to launch criminal investigation. Conviction on 11/12/2011. On 10/08/2012 the investigator launched the criminal investigation. On 03/12/2012 the victim status granted to the applicant. On 10/11/2013 the investigation was suspended.
 
State counsel denied ill-treatment and injuries contrary to Medical Certificate of IVS.
4.
15477/12
Gavrichkov v. Russia
16/05/2011
Prosecutor Office
Consistently refused
03/02/2011
Investigation request was refused
No complaint under Art.125, allegations of ill-treatment were examined by the Cassation St Petersburg Court (pp. 7-8), Forensic Examination (Report N 10 from 28/10/2010) was conducted.
5.
46132/13
Ivanov v. Russia
n/a
Investigator
Consistently refused
30/11/2012
Division of the complaint into two:

1) injuries caused at the arrest - refusal to prosecutor the officers (30/11/2012, upheld by courts of two instances);

2) other injuries (incl. electric shocks) supposedly caused after the arrest - pre-investigation checks pending since 2013.
 


No.
Application no.
and case title
APPENDIX No. 3
Other complaints under the well-established case-law
Complaints under Article 6 about the use of their confession statements allegedly obtained under duress and events referred to by the applicants
1.
24592/10
Knyazkin and Knyazkin v. Russia
The Atyashevo District Court of the Republic of Mordovia in its Judgment of 29/06/2010 cited the applicant’s surrender (which was made in his lawyer’s presence), which was allegedly given as a result of ill-treatment. The conviction was largely upheld by the Cassation Judgment of the judicial panel for criminal cases of the Supreme Court of the Republic of Mordovia of 27/10/2010.
2.
27965/10
Chalenko v. Russia
The applicant’s allegedly forced confession was cited by the court in the Judgment of the Zheleznodorozhny District Court of Voronezh of 06/08/2009 (upheld by the Cassation Judgment of the Voronezh Regional Court of 12/11/ 2009)
3.
15362/12
Petrov v. Russia
Criminal investigation was launched on 10/08/2012 after the conviction of 01/12/2011. Suspended on 10/11/2013. Strong evidence of ill-treatment (Medical Certificate of IVS), confessions are not excluded despite strong presumption of ill-treatment, no proper investigation.
4.
15477/12
Gavrichkov v. Russia
On 11/08/2011 convicted for an attempted drug dealing. On 24/10/2011 Cassation of St. Petersburg City Court. Strong evidence of ill-treatment, confessions are not excluded despite strong presumption of ill-treatment because of the lack of due investigation.
5.
46132/13
Ivanov v. Russia
The domestic courts used the applicant’s confession allegedly given under duress on 08/03/2012. Same facts as for the ill-treatment. A counsel was present at the interrogations, yet the applicant does not complain about the absence of lawyer.
 

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