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Постановление Европейского суда по правам человека от 20.04.2010 «Дело Слюсарев (Slyusarev) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

THIRD SECTION

CASE OF SLYUSAREV v. RUSSIA
(Application No. 60333/00)

JUDGMENT <*>

(Strasbourg, 20.IV.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 Slyusarev v. Russia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Josep Casadevall, President,
Corneliu {Birsan} <*>,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

{Bostjan M. Zupancic},
Anatoly Kovler,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele, judges,
and Santiago Quesada, Section Registrar,
Having deliberated in private on 23 March 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 60333/00) 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 Vladimir Yuryevich Slyusarev ("the applicant"), on 25 April 2000.
2. The applicant, who had been granted legal aid, was represented by Ms K. Kostromina, a lawyer with the Centre of Assistance to International Protection, a Moscow-based human-rights NGO. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, inter alia, that the taking of his glasses by the police after his arrest in 1998 amounted to inhuman and degrading treatment.
4. By a decision of 9 November 2006 the Court declared the application partly admissible.
5. The applicant and the Government each filed further written observations (Rule 59 § 1).

THE FACTS

The circumstances of the case

6. The applicant was born in 1970 and lives in Moscow.
7. Late in the night of 2 July 1998, a Ms P. was assaulted at the entrance of her house. Two of her neighbours apprehended the applicant on suspicion that he had committed the crime and handed him over to the police. The applicant was taken to the Moscow Pechatniki District Police Department (ОВД "Печатники") for questioning. It appears that at a certain point the applicant's glasses were partially broken and the police took them away from the applicant, who was short-sighted (according to the applicant, he needed glasses of 3.5 dioptres).
8. At the police station the applicant signed a written statement in which he confessed that he had tried to rob Ms P. using a gas handgun, and that there had been a short fight between him and one of her neighbours. The neighbours confirmed that testimony in written statements taken by the police officers.
9. On 3 July 1998 the police instituted criminal proceedings against the applicant on suspicion of armed robbery of Ms P. and illegal possession of firearms. On an unspecified date the applicant was also charged with three counts of fraud, which were not related to the episode with Ms P.
10. On 4 July 1998 the applicant was taken by the policemen to see a doctor. It appears that the applicant did not complain to the doctor about any injury.
11. On 6 July 1998 the applicant was questioned again in connection with the robbery, now in the presence of his lawyer. This time the applicant retracted his initial statement of con



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