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Постановление Европейского суда по правам человека от 21.10.2010 «Дело Белобородов (Beloborodov) против России» [англ.]



(Application No. 11342/05)


(Strasbourg, 21.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 Beloborodov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 30 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 11342/05) 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 Dmitriy Anatolyevich Beloborodov ("the applicant"), on 13 March 2005.
2. The applicant was represented by Mr S. Kiryukhin, a lawyer practising in Orsk. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that on 22 April 2004 he had been subjected to ill-treatment while in police custody and that the authorities had failed to conduct a proper investigation into the incident.
4. On 29 January 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).


I. The circumstances of the case

5. The applicant was born in 1975 and lived, prior to his arrest, in Novotroitsk, Orenburg Region.

A. The applicant's arrest and questioning

6. On 22 April 2004, at 9.05 p.m., the applicant was arrested on suspicion of involvement in drug dealing and taken to a police station for questioning. According to the applicant, the police officers handcuffed him and beat him. Then they hung him up by the handcuffs with his legs not touching the floor. In the morning he was left in a tiny cell where he could not even lie down and had to stand.
7. On 23 April 2004, at 8.55 p.m., the applicant was taken to a temporary detention centre. During the questioning which took place on the same date, he complained that he had been beaten by police officers at the police station.
8. On 24 April 2004, at 12.15 p.m., the applicant was examined by a forensic medical expert. The applicant reported that he had been beaten by the police officers on 22 April 2004. They had punched him and hit him with a chair on the head and other parts of his body. He further complained that he was experiencing pain in the lumbar area, in the neck, the buttocks and the right calf. The expert noted abrasions on the applicant's upper lip and wrists, a bruise on the upper left eyelid, and multiple bruises on the left temple. The applicant was also suffering from nausea and dizziness. According to the doctor, the injuries could have resulted from the impact of blunt objects and could have occurred up to one day before the medical examination. They d

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