Постановление Европейского суда по правам человека от 30.07.2009 «Дело Владимир Федоров (Vladimir Fedorov) против России» [англ.]

ng effectively to a court with a civil action, seeking compensation for damage caused as a result of treatment sustained at the hands of the police. In particular, the Court cannot overlook the fact that by the time the criminal proceedings against the police officers were finally instituted in January 2007, the case file pertaining to the initial inquiry into the applicant's ill-treatment complaints had already been destroyed, medical evidence was no longer available, and witnesses either could not be identified or did not remember the events in March 2003. In such a situation, the Court finds it implausible that the perpetrators of the offence against the applicant would ever be brought to justice and convicted. The prosecutor's decision of 6 August 2007, authorising a stay in the criminal proceedings on the ground that it was impossible "to identify persons who could be charged", supports the Court's finding to that effect (see paragraph 29 above).
77. In this connection, the Court reiterates its finding that in the absence of any results from the criminal investigation, the Russian civil courts are unable to determine the merits of a civil claim relating to alleged serious criminal actions (see Dedovskiy and Others, cited above, § 101). In other words, the Court considers that in the circumstances of the present case a civil action which, according to the Government, is available to the applicant, would not offer sufficient prospects of success and can be regarded as theoretical and illusory rather than practical and effective. The Court therefore dismisses the second limb of the Government's objection as to the non-exhaustion of domestic remedies and holds that there has been a violation of Article 3 of the Convention under its procedural limb.
(c) Alleged ill-treatment of the applicant: assessment of the severity of ill-treatment
(i) General principles
78. As the Court has stated on many occasions, Article 3 enshrines one of the most fundamental values of democratic societies. Even in the most difficult circumstances, such as the fight against terrorism and organised crime, the Convention prohibits in absolute terms torture and inhuman or degrading treatment or punishment, irrespective of the victim's conduct (see Labita v. Italy [GC], No. 26772/95, § 119, ECHR 2000-IV, and Chahal v. the United Kingdom, 15 November 1996, § 79, Reports 1996-V). Article 3 makes no provision for exceptions and no derogation from it is permissible under Article 15 § 2 of the Convention even in the event of a public emergency threatening the life of the nation (see Selmouni v. France [GC], No. 25803/94, § 95, ECHR 1999-V, and Assenov and Others v. Bulgaria, 28 October 1998, § 93, Reports 1998-VIII).
79. The Court has consistently stressed that the suffering and humiliation involved must in any event go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment. Measures depriving a person of his liberty may often involve such an element. In accordance with Article 3 of the Convention the State must ensure that a person is detained under conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship exceeding the unavoidable level of suffering inherent in detention (see {Kudla} v. Poland [GC], No. 30210/96, §§ 92 - 94, ECHR 2000-XI).
80. In the context of detainees, the Court has emphasised that persons in custody are in a vulnerable position and that the authorities are under a duty to protect their physical well-being (see Tarariyeva v. Russia, No. 4353/03, § 73, ECHR 2006-... (extracts); Sarban v. Moldova, No. 3456/05, § 77, 4 October 2005; and Mouisel v. France, No. 67263/01, § 40, ECHR 2002-IX). In respect of a person deprived of his liberty, any recourse to physical force which has

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