Постановление Европейского суда по правам человека от 08.01.2009 «Дело Барабанщиков (Barabanshchikov) против России» [англ.]

sed to establish whether the officers were liable on the basis of disciplinary or criminal charges (see Ognyanova and Choban v. Bulgaria, No. 46317/99, § 99, 23 February 2006).
62. The Court further observes that the assistant prosecutor's 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 were expected to take steps on their own initiative to identify possible eyewitnesses. Furthermore, it appears that the investigator took no meaningful steps to search the premises where the applicant had allegedly been ill-treated. 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, judgment of 25 September 1997, Reports 1997-VI, § 106).
63. Furthermore, the Court finds it striking that the report on the lawfulness of the decision of 19 October 2001 by which the applicant's complaints were dismissed for the first time was issued by the same assistant prosecutor who had taken the above-mentioned decision. As regards the judicial proceedings, the Court notes that while dealing with the applicant's complaints of ill-treatment the domestic courts did not make any findings on the basis of the medical reports pertaining to the applicant's injuries (see paragraph 25 above). They concluded that the applicant's allegations were "not convincing" by endorsing testimonies given by the police officers. Both the District and Regional courts relied heavily on the assistant prosecutor's report of 7 December 2001. In fact, it appears that the domestic authorities did not make any meaningful attempt to bring those responsible for the ill-treatment to account.
64. Having regard to the above failings of the Russian authorities, the Court finds that the investigation carried out into the applicant's allegations of ill-treatment was not thorough, adequate or effective. There has accordingly been a violation of Article 3 of the Convention under its procedural limb.

II. Other alleged violations of the Convention

65. The applicant complained under Articles 5, 6 §§ 2 and 3 and Article 13 of the Convention that he had been unlawfully detained, that he had not been assisted by counsel on 7 August 2001 and that counsel had not been invited to an interview with the assistant prosecutor on 19 October 2001, that the domestic courts had refused to observe certain items of evidence, that his request for various expert examinations had not been successful, and that the investigating authorities and domestic courts had committed various procedural violations.
66. However, having regard to all the material in its possession, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

67. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

68. The applicant claimed 170,000 euros (EUR) in respect of non-pecuniary damage.
69. The Governm

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