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Постановление Европейского суда по правам человека от 16.09.2010 «Дело Дмитрачков (Dmitrachkov) против России» [англ.]



(Application No. 18825/02)


(Strasbourg, 16.IX.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 Dmitrachkov 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 26 August 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 18825/02) 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 Aleksey Dmitrachkov ("the applicant"), on 24 April 2002.
2. The applicant was represented by Mr Ilya Yevpolov, a lawyer practising in the town of Buzuluk, the Orenburg Region. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that the criminal proceedings against him had been unfair. He also complained of ill-treatment at the hands of the investigative authorities and the lack of an effective investigation into the matter.
4. On 3 October 2005 the President of the First Section decided to communicate the complaint concerning the alleged ill-treatment and the related investigation into these events to the respondent 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 1977 and lives in the town of Buzuluk in the Orenburg Region.

A. The applicant's arrest and alleged ill-treatment

6. Late in the evening of 16 April 2001 the applicant was arrested at his home on suspicion of having committed theft and robbery. He was placed in the isolation wing of the Buzuluk police station.
7. According to the applicant, in response to his requests for legal aid, he was beaten up by police officers Z. and V. They pressurised him to confess to the above-mentioned crimes. The applicant attempted to commit suicide but, as it appears, was promptly provided with medical assistance. It does not appear that this incident had any adverse consequences on his health.
8. Following the arrest the applicant remained in detention.
9. The Government submitted that according to the information provided by the Supreme Court of Russia the applicant's first documented interview took place on 18 April 2001 in the presence of his lawyer, S.

B. The investigation into the applicant's
allegations of ill-treatment

1. The applicant's medical examination

10. The applicant complained about the ill-treatment to the police and to a local prosecutor's office.
11. It appears that the prosecutor's office did not take any steps in connection with the applicant&

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