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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Павленко (Pavlenko) против России» [англ.]





ace:
On 8 February 2001 - by officers, from 4.10 to 5.15 p.m.;
On 9 February 2001 - by officers, from 11.50 a.m. to 1.35 p.m. and from 5.20 to 7.40 p.m. On the same date the authorities re-opened the proceedings concerning the alleged rape of G. (see paragraph 7 above).
On 10 February 2001 - by officers, from 11.15 a.m. to 3.20 p.m.;
On 12 February 2001 - by the investigator, from 3 to 4.10 p.m.
16. On 13 February 2001 investigators A. and Sh. had access to the applicant from 10.25 a.m. to 12.25 p.m. and from 3.05 to 7.35 p.m. In his written statement the applicant confessed to a sexual assault against F. and the double murder of A. and Ok. in July 2000. The applicant was questioned from 5.30 to 7.25 p.m. in the presence of counsel D. During that interview, the content of Article 51 of the Constitution was explained to the applicant, and he confirmed that he understood it. He also confirmed he was willing to give testimony and endorsed his earlier confessions on the same day, stating that his admissions had been voluntary and were due to the fact that "he could no longer bear the burden". According to the applicant, counsel D. was present only from 7.30 to 7.35 p.m.
17. The applicant was questioned by the investigator on 15 February 2001 from 5.27 to 6.57 p.m. According to the Government, at this interview the applicant confirmed his admission in respect of victim F, in the presence of counsel D.
18. On 17 February 2001 the applicant was questioned by officers from 10.20 a.m. to 1 p.m.
19. On 18, 20 and 26 February 2001 the applicant confessed to several offences. According to the applicant, on each occasion he was brought to the principal investigator after questioning by officers, and signed the record. The events during the relevant period can be described as follows:
On 18 February 2001 investigator A. visited the applicant from 12.30 to 2.10 p.m. The applicant was questioned in the presence of counsel D. from 12.30 to 12.50 p.m. about the double murder. In reply to the investigator's question, the applicant stated that he had not committed any other murders.
On 19 February 2001 the applicant was questioned by officers from 2.35 to 4.13 p.m.
On 20 February 2001 the applicant was questioned by police officers from 10 a.m. to 3.30 p.m. The applicant made a written statement concerning the murder of K., indicating that "the confession was voluntary without physical or psychological duress".
20. Subsequent interviews (without the presence of counsel) were as follows:
On 21 February 2001 the applicant was questioned by the investigator from noon to 3.30 and by (an) officer(s), from 3.15 to 5.25 p.m.;
On 22 February 2001 - by (an) officer(s), from 11.40 a.m. to 2.35 p.m.;
On 23 February 2001 - by the investigator, from 11.43 a.m. to 2.35 p.m.;
On 24 February 2001 - by officers, from 12.15 to 1 p.m.;
On 26 February 2001 the applicant was questioned by officer(s) from 9.50 a.m. to noon and by the investigator from 5 to 6.40 p.m. The applicant made a written statement confessing to the murder of victim Os.
21. As transpires from the visitors' register, on 27 February 2001 the investigator saw the applicant from 11.33 a.m. to 1.07 p.m., while police officer S. saw him from 5.05 to 5.55 p.m. on the same day. The photo identification lasted from 1.10 to 1.15 p.m. in the presence of counsel D.
22. Visits continued thereafter in March and April 2001 (see also paragraph 28 below).
23. According to the applicant, after his mother had read in the local newspaper that he had admitted to serious grave crimes, she realised that she had been misled by investigator A. and retained counsel S. (see below).
(d) Admission of counsel S. and further proceedings
24. On 6 March 2001 the applicant was allowed for the first time



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