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Постановление Европейского суда по правам человека от 16.09.2010 «Дело Тигран Айрапетян (Tigran Ayrapetyan) против России» [англ.]





one point the applicant was kicked in the face. On the verge of losing consciousness, the applicant agreed to "sign all the papers", after which he was placed in a cell.

B. Medical examination at polyclinic No. 218

13. On the same day at about 10.10 p.m. the applicant was taken by a police officer to the casualty department of polyclinic No. 218 where he was examined by a doctor. The doctor concluded that the applicant's lower jaw was fractured and that he needed an urgent in-patient examination by a surgeon.
14. Following the doctor's examination, the applicant was taken back to the police station where he was once again placed in a cell. About an hour later the applicant was taken to another police station, No. 141, where his fingerprints were taken.
15. On 11 February 2001 at about 2 a.m. the applicant was released.

C. In-patient treatment in Moscow City Hospital No. 1

16. On the day of his release, the applicant was taken to Moscow City Hospital No. 1 (Городская клиническая больница N 1 г. Москвы) for in-patient treatment. The applicant was diagnosed as having a "fracture of the lower jaw in the area of the right condylar process accompanied by a dislocation of the articular head". The medical report further stated that "the lower jaw was abnormally mobile and the configuration of the face had changed due to a post-traumatic oedema in the right parotid area". In the course of his treatment the applicant underwent surgery to replant the articular head.
17. The applicant was discharged from hospital on 2 March 2001.

D. Criminal proceedings against the applicant

18. On an unspecified date criminal proceedings were instituted against the applicant, who was charged with extortion.
19. On 18 December 2001 the Butyrskiy Inter-Municipal Court of Moscow (Бутырский межмуниципальный суд Северо-Восточного административного округа г. Москвы) decided, on a request by the applicant, to terminate the criminal proceedings against him on the basis of an Amnesty Act in respect of minors and women passed by the State Duma on 30 November 2001.
20. On an unspecified date the applicant's defence counsel lodged an appeal against the decision of the Inter-Municipal Court claiming that the applicant was not guilty and that he should have been acquitted. The outcome of that appeal is unclear.

E. The investigation of the applicant's
alleged ill-treatment

1. The applicant's complaints to various authorities

21. On 15 February 2001 the applicant lodged a complaint with the Head of the Internal Affairs Department of the Ministry of the Interior (начальник Управления собственной безопасности МВД России) stating that he had been subjected to ill-treatment by police officers. His complaint contained a detailed description of the events and of all three police officers involved. He also stated that one of them had participated in his earlier arrest and that another was called V.
22. It appears that on 19 February 2001 the applicant's mother lodged similar complaints with the Butyrskiy Inter-District Prosecutor's Office of Moscow (Бутырская межрайонная прокуратура г. Москвы) and the Moscow City Prosecutor's Office (прокуратура г. Москвы). The case was assigned to Investigator G. of the Butyrskiy Inter-District Prosecutor's Office of Moscow.
23. On 16 April 2001 the applicant lodged a complaint with the Prosecutor of the Butyrskiy Inter-District Prosecutor's Office of Moscow. In his complaint the applicant submitted that no decision, whether to institute or refuse to institute criminal proceedings, had been taken so far on the basis of his allegations of ill-treatment. He further submitted that pressure had been exerted by the investigators of po



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