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Постановление Европейского суда по правам человека от 01.07.2010 «Дело Никифоров (Nikiforov) против России» [англ.]



(Application No. 42837/04)


(Strasbourg, 1.VII.2010)

<*> This version was rectified on 2 July 2010 under Rule 81 of the Rules of the Court.
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 Nikiforov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 10 June 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 42837/04) 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 Vyacheslav Aleksandrovich Nikiforov ("the applicant"), on 30 September 2004.
2. The applicant, who had been granted legal aid, was represented by Ms Ye. Muravyova (Yefremova) and Mr M. Rachkovskiy from the International Protection Centre, a Moscow-based human-rights NGO. The Russian Government ("the Government") were represented Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that he had been beaten in police custody.
4. On 6 November 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3 of the Convention).
5. The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it.


I. The circumstances of the case

6. The applicant was born in 1972 and is now serving a sentence in Kostroma.

A. Alleged ill-treatment of the applicant

7. On 28 December 2003 the applicant was apprehended, allegedly in an inebriated state, on the railway line by Mr S. and Mr L., police officers from Nerekhta station police department (линейный пост милиции станции Нерехта). Subsequently he was transported to Nerekhta district police station (Нерехтский ГРОВД) and placed in a temporary detention cell.
8. After a while a police officer took the applicant from his cell to the second floor of the police station. The officer pointed to a young man and woman in one of the offices and asked the applicant whether he knew them. The applicant said that he knew the woman. The officer then noticed a blood stain on the sleeve of the applicant's jacket and allegedly accused him of having robbed the man and woman. The applicant was taken to the officer on duty and his jacket was seized as material evidence.
9. The applicant spent the night in the temporary detention wing.
10. On the morning of 29 December 2003 another police officer who did not introduce himself took the applicant from his cell to an office on the third floor of the police station. He told the applica

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