Постановление Европейского суда по правам человека от 14.05.2009 «Дело Алибеков (Alibekov) против России» [англ.]

2002 and found no sign of injuries. Nonetheless, he noted that it was necessary to perform a plan (survey) X-ray of the applicant's chest in order "to establish whether he had had fractures of the ribs".
27. By a decision of 25 January 2003 the investigator of the Tyumen Regional Prosecutor's Office dismissed the applicant's second request for the institution of criminal proceedings. He questioned five colony warders and noted that on 1 August 2002 the applicant had disobeyed the lawful orders of the warders who had intended to perform the body search, in particular, he had "acted aggressively, pushed away the warders' hands and grabbed them by their clothes". The order to use force had been given because there were no other means to make the applicant obey a lawful order of the colony administration. Two warders had used physical force by holding the applicant's arm in an arm-lock behind his back. The applicant had agreed to the search and it was then carried out.
28. The investigator also established that the applicant had been examined by doctors on several occasions. On 1 August 2002 the colony doctor had found no evidence of ill-treatment on the applicant's body. On 12 September 2002, during the applicant's stay in the hospital, a bruise on the left side of his chest was reported. The investigator also noted that an additional X-ray had been scheduled for 9 October 2002, however there was no indication whether it had been performed.
29. The investigator relied, lastly, on the conclusion in the expert report of 24 January 2003 that the applicant's medical records contained no information about the alleged injuries.
30. On 5 March 2003 the Tyumen Regional Prosecutor's Office quashed the decision of 30 August 2002 concerning the applicant's first request (see paragraph 24 above) and remitted the case for further investigation.
31. On 11 June 2003 another investigator from the Tyumen Regional Prosecutor's Office again dismissed the applicant's request for the institution of criminal proceedings against the warders. He based his decision on the same grounds as in the decision of 25 January 2003 after questioning the police officers who had visited the colony on 1 August 2002 and who confirmed that they had not used any force against the applicant.
32. On 12 May 2005 the Tyumen Regional Prosecutor quashed the decision of 11 June 2003. He noted that the detainees C., M., L. and K. had confirmed the applicant's allegations about the use of force against him, so that there was a conflict in the evidence which needed to be settled. The prosecutor ordered criminal proceedings to be instituted on the fact of alleged ill-treatment pursuant to Article 286 § 3 (a) of the Criminal Code of the Russian Federation (for abuse of official power associated with the use of violence).
33. On 28 November 2005 the applicant was granted victim status in the criminal proceedings.
34. Following the institution of the proceedings, on 30 November 2005 the applicant underwent a forensic medical examination. The X-ray showed some deformation of the applicant's left rib No. VIII, which according to the forensic experts "was consistent with a united fracture that occurred at the time and in the circumstances described in the documents". No further details were given in the report.
35. On 13 November 2006 the proceedings were suspended in accordance with Article 208 (1) § 1 of the Russian Code of Criminal Procedure (failure to identify the culprits).
36. On 24 February 2009 the Investigative Committee at the Tyumen Regional Prosecutor's Office quashed the decision of 13 November 2006 and resumed the proceedings with further instructions on investigative measures to be undertaken.
37. The proceedings are still pending.

C. Proceedings concerning the applica

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