Постановление Европейского суда по правам человека от 15.01.2009 «Дело Шаромов (Sharomov) против России» [англ.]

found that the 1992 conviction had been cancelled in 1997 and should not have been taken into consideration when the trial court decided whether there had been a repeated commission of a criminal offence (recidivism). It concluded that the applicant's acts had constituted dangerous rather than "particularly" dangerous recidivism, and changed the type of the correctional facility in which the applicant was to serve his sentence. The Presidium upheld the judgments of 22 December 1999 and 7 June 2001 in the remaining part. The applicant was not brought to that hearing. On 30 December 2002 he was told that the review had taken place, but a copy of the decision was not given to him.

B. Alleged ill-treatment

10. The applicant served his sentence in correctional colony No. UK-272/25 situated in the village of Vikhorevka in the Irkutsk Region.

1. The applicant's account

11. According to the applicant, on 7 September 2001 the colony administration informed the detainees that a special-purpose squad would be brought to the colony "to discipline detainees".
12. On 21 September 2001 five officers of the special-purpose squad arrived at the colony in order to "render practical assistance in carrying out searches and prophylactic measures". On the same day the wardens and the officers of the squad searched the applicant's cell. The applicant objected to the search and the officers intimidated him, beat him up and damaged his personal belongings. The applicant received no medical assistance and the colony doctor refused to record his injuries. The colony administration subsequently refused to dispatch his complaints to the prosecutor.

2. The Government's account

13. According to the Government, the Director of the Regional Department for Execution of Sentences of the Ministry of Justice ordered a series of searches in detention facilities with a view to seizing unauthorised items kept by detainees in their cells which could be used for an escape.
14. Searches were carried out in the applicant's cell on 10 and 21 September 2001. According to a report dated 10 September 2001, the use of force was accounted for by the applicant's insults to officers. A report drawn up on 21 September 2001 indicated that the applicant had uttered insults and threats of reprisals. The Government submitted copies of reports by two officers to their superior, stating that during the search on 21 September 2001 the applicant had uttered insults and threats of reprisals to the officers. Another officer stated that the applicant had objected to the search and had swung his hands; because of his refusal to stop after a warning, his hand had been held behind his back, he "had been held in a posture preventing resistance" and had been placed in a separate room pending the search in his cell. A report drawn up by the colony medical assistant indicated that no injuries had been detected on the applicant's body.

3. Investigation into the events of 10 and 21 September 2001

15. Several detainees complained to the Bratsk Prosecutor's Office, in charge of supervising penitentiary institutions, about the events of 10 and 21 September 2001. They alleged that they and certain other detainees, including the applicant, had been beaten up by the squad members, with the tacit agreement of the colony administration.
16. On 21 January 2002 the Bratsk Penitentiary Supervising Prosecutor's Office refused to initiate criminal proceedings against the squad members. The assistant prosecutor indicated that the squad intervention had been duly authorised by the Regional Department for Execution of Sentences on 6 and 13 September 2001 (decrees Nos. 385 and 398). The squad officers wore camouflage with their ID numbers and balaclava masks. On 10 September 2

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