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Постановление Европейского суда по правам человека от 28.10.2010 «Дело Рудаков (Rudakov) против России» [англ.]



EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF RUDAKOV v. RUSSIA
(Application No. 43239/04)

JUDGMENT <*>

(Strasbourg, 28.X.2010)

--------------------------------
<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Rudakov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 7 October 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 43239/04) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Vasiliy Yuryevich Rudakov ("the applicant"), on 9 November 2004.
2. The applicant was represented by Mr F. Bagryanskiy, Mr M. Ovchinnikov and Mr A. Mikhaylov, lawyers practising in Vladimir. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that he had been subjected to severe beatings by warders of a prison where he was serving his sentence and that the authorities had failed to carry out an effective investigation of the events.
4. On 5 July 2007 the President of the First Section decided to give notice of the application to the Government.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1972 and lived until his arrest in the town of Ishim in the Tyumen Region. He is now serving a life sentence in the Vladimir OD-1/T-2 detention facility, known as Vladimirskiy Tsentral.
6. On 17 June 2003 the applicant was transferred to Vladimirskiy Tsentral to serve the first ten years of his sentence of life imprisonment. It appears that he was among 150 new inmates who had arrived at Vladimirskiy Tsentral in the summer of 2003 and one of five detainees sentenced to life imprisonment. On admission to the prison the applicant was examined by a prison doctor who found no injuries on his body.

A. The parties' versions of the events of 11 July 2003

7. In July 2003, at the request of the acting head of Vladimirskiy Tsentral, a group of officers of a special-purpose unit of the Vladimir Regional Directorate for the Execution of Sentences arrived at the prison for the purpose of "accompanying inmates in outdoor exercise, to shower rooms, and so on".
8. On 11 July 2003, at approximately 10.30 a.m., an officer of the special-purpose unit, Mr L., ordered the applicant and two other inmates to leave their cell. The applicant provided the following description of the subsequent events.
9. According to the applicant, he complied with Mr L.'s order, stepped out into a corridor, stood with his face to the wall and put his hands above his head on the wall as required by internal prison regulations. Six other warders were in the corridor at the time. Mr L. started kicking the applicant and hitting him with a rubber truncheon. The applicant subm



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