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Постановление Европейского суда по правам человека от 07.10.2010 «Дело Скачков (Skachkov) против России» [англ.]



(Application No. 25432/05)


(Strasbourg, 7.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 Skachkov 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 {Soren} Nielsen, Section Registrar,
Having deliberated in private on 16 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 25432/05) 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 Igor Olegovich Skachkov ("the applicant"), on 11 June 2005.
2. The applicant, who had been granted legal aid, was represented by Ms Ye. Krutikova, a lawyer practising in Moscow. 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 he had been detained in inhuman and degrading conditions and had not received medical assistance while in detention.
4. On 9 June 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).


I. The circumstances of the case

5. The applicant was born in 1970 and lives in Lyubertsy, Moscow Region.

A. The applicant's arrest and the ensuing investigation

6. On 23 May 2001 D., who was the director general of a commercial bank, was kidnapped by four men. They took him to a park outside the city where they took the cash they found on him, his watch and mobile phone, and the keys and documents for his car, a Toyota Land Cruiser. Later the same day one of the kidnappers stole D.'s car from the garage. The kidnappers then released D., who reported the incident to the police.
7. On 14 March 2002 the applicant was arrested by the police on suspicion of involvement in D.'s kidnapping. According to the applicant, the police stopped the car in which he was travelling with two other persons. The applicant was asleep in the back seat of the car. He had no shoes or jacket on. The policemen pulled him out of the car, put his arms behind his back and handcuffed him. They then pushed him to the ground and kicked and punched him. His ear started bleeding from one of the blows.
8. The police operation lasted over three hours. The temperature was no more than 2 °C. The applicant was not allowed to put his jacket or shoes on. His feet were numb with cold.
9. The applicant was then taken to a police station to take part in an identification parade in front of D. The applicant waived his right to be represented during the parade. D. identified him as one of the kidnappers. According to the applicant, the identification parade was carried out with numerous procedural violations. In

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