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





. 46317/99, § 99, 23 February 2006).
66. The Court further observes that it was not until 2 March 2004, that is only after the District Court's direct order to that effect, that the investigating authorities added to the file statements by the applicant's inmate, Li. Although it appeared from the warders' statements that other inmates had been taken for outdoor exercise at the same time as the applicant, and therefore could have witnessed the incident, no steps were taken to identify those possible witnesses. While the investigating authorities may not have been provided with the names of individuals who could have seen the applicant and might have witnessed his alleged beatings, they were expected to take steps on their own initiative to identify possible eyewitnesses. The investigating authorities also failed to respond to the applicant's argument that officer L. had injured his hand when he had broken the applicant's tooth. Furthermore, it appears that the investigators took no meaningful steps to search the premises where the applicant had allegedly been ill-treated. The Court therefore finds that the investigating authorities' failure to look for corroborating evidence and their deferential attitude to the warders must be considered to be a particularly serious shortcoming in the investigation (see {Aydin} v. Turkey, 25 September 1997, Reports 1997-VI, § 106).
67. In fact, the Court is of the opinion that the investigating authorities did not make any meaningful attempt to bring to account those responsible for the ill-treatment. The inertia displayed by the authorities in response to the applicant's allegations was inconsistent with their procedural obligation under Article 3 of the Convention. It further appears that the reaction of the investigating authorities to the applicant's ill-treatment complaints was no more than an attempt to find some justification for officer L.'s actions.
68. Having regard to the above-mentioned failings of the Russian authorities, the Court finds that the investigation of the applicant's allegations of ill-treatment was not thorough, adequate or effective. There has accordingly been a violation of Article 3 of the Convention under its procedural limb.

II. Other alleged violations of the Convention

69. The Court has examined the other complaints submitted by the applicant. However, having regard to all the material in its possession, and in so far as these complaints fall within the Court's competence, it finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

70. 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."

A. Damage

71. The applicant claimed 20,000 euros (EUR) in respect of non-pecuniary damage.
72. The Government stated that the applicant's claim was excessive and ran contrary to the Court's case-law.
73. The Court observes that it has found a particularly grievous violation in the present case. The Court accepts that the applicant suffered humiliation and distress on account of the ill-treatment inflicted on him. In addition, he did not benefit from an adequate and effective investigation of his complaints about the ill-treatment. In these circumstances, it considers that the applicant's sufferin



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