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

se file with the bill of indictment was re-submitted to the court by the prosecution.
25. On 5 April 1999 the forensic expert drew up a report, stating that no evidence of beatings was established, that the applicant had suffered from myopia since 1989 and that the impairment of the applicant's eyesight could have been explained by his chronic myopia.
26. On 15 April 1999 the prosecutor closed the inquiry for lack of evidence of a crime. The investigator concluded that the bruises had been received by the applicant in the fight with the neighbours of Ms P., and that his eye problems were not related to the events of 3 July 1998. The applicant's wife challenged that decision. On 31 July 2000 she was informed that following an additional inquiry the prosecutor had decided not to pursue the investigation.
27. The applicant raised the issue of ill-treatment during the court proceedings against him. He challenged the admissibility of his initial confessions, claiming that they had been extracted by force. The applicant's defence counsel requested a new medical expert report in order to determine whether the injuries sustained by the applicant could have been caused by beatings. The District Court dismissed that motion on the ground that such an examination had already been carried out.
28. On 15 June 1999 the District Court found the applicant guilty of one count of armed robbery, one count of illegal possession of firearms and several counts of fraud and sentenced him to nine years' imprisonment. On 3 November 1999 the Moscow City Court dismissed an appeal by the applicant and upheld the lower court decision of 15 June 1999. The City Court confirmed the conclusions of the first-instance court and held that no evidence of ill-treatment had been discovered.

THE LAW

I. Alleged violation of Article 3 of the Convention

29. The applicant complained that although he was very short-sighted, his glasses had been taken away from him and returned only five months later. This had debased his human dignity and resulted in serious impairment of his eyesight. The applicant referred to Article 3, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The parties' submissions

30. The Government accepted that the applicant had been deprived of his glasses without a legal basis and that for a certain period of time his ability to participate in the proceedings had been limited. However, as to the impairment of the applicant's eyesight, the doctors had concluded that it was due to natural causes. Even without the glasses the applicant had been able to move around indoors and attend to himself. Therefore, the treatment complained of could not be considered as inhuman or degrading. Furthermore, the violation of the rights of the defense had been acknowledged at the domestic level, the glasses had been returned to the applicant and he had been given additional time to study the case file. Therefore, his rights had been fully restored.
31. The Government further maintained that between 3 July and 1 December 1998 neither the applicant nor his lawyer had requested the investigator to return the glasses. The glasses were returned to the applicant on 2 December 1998, a day after such a request had been lodged by the defense. As to the new glasses, they had been given to the applicant as soon as they had been made.
32. The applicant maintained his complaints stressing that the authorities had acknowledged the breach of his rights, and that he had been so seriously short-sighted that without glasses he had been unable to read or write. Although the court had ordered the return of his glasses and given him an additional two days to read the case file, this had clearly been insufficient. In the appl

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