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

r found that the applicant could have sustained those injuries before or after the events on 11 July 2003. Furthermore, the deputy prosecutor held that the applicant's statements regarding the broken tooth were false because "a part of the upper incisor (резец), and not a part of a tooth (зуб) was missing from his mouth" and his lips and cheeks had not been injured.
23. The applicant appealed to a court against the decision of 19 April 2004.
24. On 13 May 2004 the Frunsenskiy District Court dismissed the applicant's complaint, finding that the rubber truncheon had been used lawfully in response to the applicant's behaviour and that there had been no indication of a criminal offence in Mr L.'s actions.
25. The applicant did not agree with that decision and appealed to the Vladimir Regional Court.
26. On 17 September 2004 the Vladimir Regional Court, endorsing the reasons given by the District Court, held that the prosecutor's office had completed its inquiry following the applicant's ill-treatment complaint and had made lawful conclusions. The Regional Court upheld the decision of 13 May 2004.

II. Relevant domestic law

A. Use of force and special measures in detention facilities

1. Code on Execution
of Punishments (No. 1-FZ of 8 January 1997)
(Уголовно-исполнительный кодекс РФ)

27. Physical force, special means or weapons may be used against detainees if they offer resistance to officers, persistently disobey lawful demands of the officers, engage in riotous conduct, take part in mass disorders, take hostages, attack individuals or commit other publicly dangerous acts, escape from a penitentiary institution or attempt to harm themselves or others (Article 86 § 1). The procedure for application of these security measures is determined in Russian legislation (Article 86 § 2).

2. Penitentiary Institutions Act
(No. 5473-I of 21 July 1993) (Закон РФ "Об учреждениях
и органах, исполняющих уголовные наказания в виде лишения
свободы")

28. When using physical force, special means or weapons, the penitentiary officers must:
(1) state their intention to use them and afford the detainee(s) sufficient time to comply with their demands unless a delay would imperil the life or limb of the officers or detainees;
(2) ensure the least possible harm to detainees and provide medical assistance;
(3) report every incident involving the use of physical force, special means or weapons to their immediate superiors (section 28).
29. Rubber truncheons may be used for
(1) putting a stop to assaults on officers, detainees or civilians;
(2) quelling mass disorders or group violations of public order by detainees, as well as for detention (задержание) of offenders who persistently disobey or resist officers (section 30).

B. Investigation of criminal offences

30. The Code of Criminal Procedure of the Russian Federation (in force since 1 July 2002, "the CCrP") establishes that a criminal investigation can be initiated by an investigator or a prosecutor on a complaint by an individual or on the investigative authorities' own initiative, where there are reasons to believe that a crime has been committed (Articles 146 and 147). A prosecutor is responsible for overall supervision of the investigation (Article 37). He can order specific investigative actions, transfer the case from one investigator to another or order an additional investigation. If there are no grounds to initiate a criminal investigation, the prosecutor or investigator issues a reasoned decision to that effect which has to be notified to the interested party. The decision is amenable to appeal to a higher-ranking prosecutor or to a court of general j

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