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

istance. He was then examined by a paramedic who noted four bruises on his shoulders, buttocks and left forearm which did not require medical treatment. The device was removed from the applicant's cell and destroyed.
23. In response to the complaint lodged by the applicant's father on 2 August 2005, on 5 August 2005 the prosecutor questioned the applicant in respect of the incident of 30 July 2005. The applicant was also examined by a paramedic who noted a yellowish bruise on his left shoulder.
24. On 12 August 2005 the prosecutor refused to institute criminal proceedings against the alleged perpetrators. He stated that the guard had used the rubber truncheon lawfully. The prosecutor based his findings on testimonies provided by the applicant and the guards. He studied the reports prepared by the guards to account for the use of force against the applicant and the medical documentation prepared by the paramedics who had examined the applicant. In particular, his findings were as follows:
"On 30 July 2005 M., the warden of the remand prison..., G., the deputy warden of the remand prison..., and [officers] Mus. and L. inspected the disciplinary cells. In cell No. 3, where [the applicant] was held, they saw an inter-cell communications device. The [officers] tried to enter the cell to remove the... device and to search the [applicant]. However, the latter resisted. He pushed them out of the cell and grabbed L. by the arms so that the latter could not search him. In addition to those unlawful actions, [the applicant] swore and ignored the officers' requests to stop his unlawful behaviour. Accordingly L. had to use force against [the applicant]: he hit [the applicant] three times with the rubber truncheon. He administered the blows to the back and the buttocks. He did not hit [the applicant] on the head...
The inquiry did not uncover any evidence to confirm [the applicant's allegations] that he had been beaten up by M., the warden of the remand prison, and the other officers.
The use of the rubber truncheon against the applicant has been justified, in accordance with section 45 of the Federal Law on Detention of Suspects and Defendants charged with Criminal Offences."
25. The prosecutor's decision was upheld by the Leninskiy District Court of Saransk on 27 September 2005. The court found that the applicant had resisted the guards and that the latter had had to use force to restrain him. The applicant appealed. He argued that in the circumstances of the case, in which four officers had been involved, the use of the rubber truncheon against him was excessive. On 23 November 2005 the Supreme Court of the Republic of Mordoviya upheld the decision of 27 September 2005 on appeal.

3. Further allegations of ill-treatment

26. On 5 September 2005 the remand prison administration force-fed the applicant. The complaint lodged by the applicant's father with the prosecutor's office on 6 September 2005 was left without response.
27. On 12 October 2005 the applicant was allegedly handcuffed with his arms behind his back and hung from the railings by the guards. The applicant's feet did not touch the floor. He was kept in that position for two hours. The complaint lodged by the applicant's father was dismissed by the prosecutor's office on 17 January 2006. According to the prosecutor, the applicant had assaulted a guard and had to be restrained with handcuffs. At no point had the guards hung him from the railing.
28. It appears that in 2009 the prosecutor's office carried out an additional investigation into the incident of 12 October 2005 and on 11 January 2009 the applicant's complaint was dismissed anew. According to the applicant, the final decision on the matter was taken by the Supreme Court of the Mordoviya Republic on 26 February 2009.

4. Ex

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