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Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Гладышев (Gladyshev) против Российской Федерации" [рус., англ.]





prosecute police officers of 29 May and 6 August 2001 that the prosecuting authorities considered that the applicant had an interest in discrediting the police officers to avoid criminal responsibility, but did not question the credibility of the police officers themselves, in respect of whom the complaint had been made (see paragraphs 17 and 20 above).
65. The Court further observes that the prosecuting authorities' decisions did not include any statements from witnesses who were not police officers. While the investigating authorities may not have been provided with the names of individuals who could have seen the applicant at the police station or later in the detention facility or might have witnessed his alleged beatings, they do not appear to have taken any steps on their own initiative to identify other individuals who were in the Manturovo police station at the relevant time and who might have been able to testify about the applicant's injuries. The Court therefore finds that the investigating authorities' failure to look for corroborating evidence and their deferential attitude to the police officers must be considered to be a particularly serious shortcoming in the investigation (see {Aydin} v. Turkey, 25 September 1997, § 106, Reports of Judgments and Decisions 1997-VI, and Nadrosov v. Russia, No. 9297/02, § 44, 31 July 2008).
66. Finally, the Court observes that whilst the forensic experts' reports of November 2001 and October 2002 stated in clear terms that the applicant's injuries could have occurred on 10 May 2001 and were caused by "impacts of a blunt firm object with a narrow surface, possibly blows with fists or kicks with a booted foot", the Manturovo Town Court both in May and in July 2006 dismissed the applicant's appeals against the decision of 15 October 2001. It was only on 6 June 2007, about five years after the experts' reports, that the criminal proceedings were instituted, and no investigative process took place during that period. Moreover, having acknowledged that the applicant could have received a serious chest trauma under the circumstances he complained of, the Kostroma Regional Court failed to issue any special ruling according to Article 29 § 4 of the Code of Criminal Procedure to draw the attention of the relevant authorities to this fact and for adequate measures to be taken (see paragraph 40 above).
67. In the light of the shortcomings identified above, the Court concludes that the investigation into the alleged ill-treatment was ineffective and that the domestic authorities failed to make enough meaningful attempts to bring those responsible for the ill-treatment to account.
68. The Court thus holds that there has been a violation of the procedural limb of Article 3 of the Convention.

II. Alleged violation of Article 6 of the Convention

69. The applicant further complained that his right not to incriminate himself and his right to a fair trial had been infringed by the use at his trial of his confession statements obtained as a result of coercion. He relied on Article 6 § 1 of the Convention which, in so far as relevant, provides:
"In the determination of... any criminal charge against him, everyone is entitled to a fair... hearing... by [a]... tribunal..."

A. Submissions by the parties

1. The Government

70. The Government referred to the Court's well-established case-law to the effect that the admissibility and evaluation of evidence fell within the competence of the domestic courts, and the Court had to verify whether the proceedings as a whole were fair. In the present case the essential requirements of a fair trial were respected, the applicant was questioned in the presence of his lawyer, and had explained to him his right not to incriminate himself.
71. They further stressed that



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