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





pain in the stomach and asked for a doctor. On hearing the applicant's complaints of severe headache, stomach pain, dizziness and vomiting, a medical assistant, Mr M., examined the applicant and gave him an injection of aminasin, suspecting that the applicant could have concussion. He also gave the applicant a painkiller. Mr M. noted that the applicant had numerous abrasions and bruises on the stomach, waist and chest and recommended an examination by a surgeon.
15. On 14 July 2003 the applicant again applied for medical assistance, complaining of headache, dizziness, vomiting, loss of appetite and pain during urination. Ms B., a prison doctor, specialist in dermatology and venereology, examined him on the same day and discovered numerous bruises, each measuring approximately ten centimetres in diameter, "on the [applicant's] torso, upper part of the back, [and] upper and middle parts of the right thigh", and a swelling of the left cheek and of the left hip and knee. Ms B. noted that the applicant's left hip and knee had a hyperaemic appearance and that the applicant was walking differently, favouring his left leg. The doctor also discovered that the applicant was missing a part of the upper corner tooth on the left side. She was unable to establish however when the tooth had been broken, as there were no injuries to the mucous membrane of the applicant's lips and cheeks. Two days later an analysis of the applicant's urine sample established no pathology, thus eliminating the possibility of a kidney injury.
16. In the meantime, on 14 July 2003 the applicant lodged a complaint with a prosecutor's office, providing a detailed account of the events of 11 July 2003. The applicant also asked for an expert medical examination.
17. On 30 October 2003 a deputy of the Vladimir Town Prosecutor issued a one-page decision refusing to institute criminal proceedings against Mr L. The entire decision read as follows:
"[The applicant] is serving his sentence in Vladimir OD 1/T-2 detention facility. He was sentenced to life imprisonment on condition that he serve the first ten years of the sentence in prison.
On 11 July 2003, a convict, [the applicant], was taken for outdoor exercise: he defied the orders of the detention facility staff, tried to resist physically, and grabbed [warders] by their clothing. In these circumstances a special measure - a rubber truncheon - was used against [the applicant]. No traumatic injuries leading to health damage were caused. [The warders] drew up the required reports concerning the application of the special measure to [the applicant].
The special measure - a rubber truncheon - was applied to [the applicant] in accordance with Article 30 of the Federal Law "On facilities and bodies executing criminal sentences of imprisonment".
On the basis of the above stated and applying Article 25 § 1.1 of the Code of Criminal Procedure of the Russian Federation, [the deputy prosecutor] finds that [the request] for institution of criminal proceedings as a result of injuries being received by [the applicant] should be dismissed because [there is no indication] of a criminal offence."
The deputy prosecutor's decision was based on statements by six warders, Mr K., Mr Ku., Mr A., Mr P., Mr Ko. and Mr B., collected on 30 October 2003. In particular, two warders submitted that during an attempt to take inmates for outdoor exercise on 11 July 2003, a rubber truncheon had been used against a number of inmates sentenced to life imprisonment, including the applicant, because they had refused to comply with lawful orders. Two warders explained that the applicant had attempted to resist physically by "taking up a position as if ready to throw a punch". The remaining warders stated that the applicant had refused to submit to a body search, had "diverged from the route" and had intended to throw a punch.
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