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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Копылов (Kopylov) против России» [англ.]



(Application No. 3933/04)


(Strasbourg, 29.VII. 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 Kopylov 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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 6 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 3933/04) 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 Oleg Viktorovich Kopylov ("the applicant"), on 25 December 2003.
2. The applicant, who had been granted legal aid, was represented by Ms E. Krutikova and Mr M. Rachkovskiy, lawyers with the International Protection Centre, an NGO based in Moscow. The Russian Government ("the Government") were initially represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicant alleged, in particular, that he had been ill-treated by police officers and escorts and that the investigation into his allegations of ill-treatment had been inadequate and ineffective.
4. On 5 October 2006 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the alleged ill-treatment and ineffective investigation to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).
5. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.


I. The circumstances of the case

6. The applicant was born in 1967 and lives in Lipetsk.

A. Ill-treatment by the police from January to April 2001

1. The applicant's arrest on suspicion of murder
and his ill-treatment by the police

7. On 22 January 2001 at about noon the applicant was arrested and escorted to the Interior Department of the Lipetsk Region. It appears from a report by the arresting police officer that the applicant had been arrested on 22 January 2001 on suspicion of drug trafficking. However, no drug-related charges were ever brought against him. According to the applicant, he was told that he was suspected of murdering a policeman. He denied any involvement.
8. In the evening of the same day the applicant was transferred to Dolgorukovskoe police station, of the Lipetsk Region, where he was beaten up by Mr Gerasimov (the head of the police station) and Mr Abakumov (the head of the Investigations department). According to the applicant, they slapped and kicked him in the head, trunk and solar plexus. They forced him to kneel down in front of a picture of the murdered policeman and to ap

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