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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Евгений Корнев (Yevgeniy Kornev) против России» [англ.]





supervisory review. The hearing had taken place on 20 October 2003. The court had reviewed the applicant's case and granted his application in part. It had reclassified the charges as simple kidnapping. The sentence, however, had remained unaffected.

B. Criminal proceedings on the charge of extortion

11. On 7 August 2001 the applicant was arrested, together with Mr T. and Mr Z., by officers of the Organised Crime Unit on suspicion of extortion.
12. On 10 August 2001 the applicant was formally charged and remanded in custody.
13. On 21 January 2002 the Kurgan Town Court of the Kurgan Region convicted the applicant and Mr Z. of extortion and sentenced the former to six years' imprisonment. The applicant appealed.
14. On 26 March 2002 the Kurgan Regional Court upheld the conviction on appeal.

C. Alleged ill-treatment and ensuing proceedings

15. According to the applicant, on 7 August 2001 during and after the arrest he was beaten up by the police officers.
16. On 8 August 2001 the applicant was placed in the temporary detention facility (ИВС) located within the police station. On admission he was examined by an officer on duty and a paramedic, who did not observe any injuries on his body. The applicant did not bring an oral or written complaint about the alleged beatings.
17. On 10 August 2001 the applicant was transferred to remand centre No. 43/1 of Kurgan. On arrival he was examined by a general practitioner who noted several bruises in the lumbar region measuring 1 by 1 cm and 3 by 2 cm. A relevant entry was made in the applicant's medical file.
18. It appears that on the same day the administration of the remand centre prepared a report concerning the applicant's injuries and forwarded all the relevant materials to the prosecutor's office for further inquiry. According to a certificate issued by the remand centre on 16 August 2007, the copies of those materials stored at the remand prison had been destroyed after the expiry of the time-limit for their storage on 20 January 2006 and 27 March 2007.
19. On 5 March 2002 the applicant complained to the Kurgan Regional Prosecutor that he had been beaten up by police officers on 7 August 2001.
20. On 27 March 2002 the deputy prosecutor of Kurgan issued a decision refusing to institute criminal proceedings into the applicant's allegations of ill-treatment. The prosecutor based his findings on the statements made by the alleged perpetrators, who denied the applicant's allegations, and the medical documents from the applicant's file. In particular the prosecutor stated as follows:
"The inquiry conducted did not confirm the [applicant's] allegations. The police officers Ch., M. and K. ... denied that they had put any pressure on [the applicant]. Upon arrival at [the temporary detention facility], he did not complain that he had been beaten up by the police officers... According to [the applicant's] medical file, upon his arrival at [the remand centre]... several bruises were noted in the lumbar spine area. However, according to the certificate, issued by the head of [the temporary detention facility], upon his placement [there] [the applicant] had been examined and questioned by an officer on duty as to whether he had any injuries. [The applicant] had not complained of his condition or had any visible injuries. Nor had the results of the applicant's examination by a paramedic on 8 August 2001 been any different. When transferred to [the remand centre], [the applicant] did not complain of his condition either. Accordingly, the injuries noted at [the remand centre] cannot have been caused by the [police officers] in the circumstances described by [the applicant]."
21. The applicant complained to a court, claiming that the scope of the prosecutor's



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