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

res in width and 3.5 centimetres in length and 0.2 centimetres in width and 0.8 centimetres in length, respectively. No other injuries were discovered.
Conclusions.
3.1. During the medical expert examination of [the applicant] the following injuries were discovered: a bruise on the left side of the lumbar region, abrasions on the right shoulder-blade and the right side of the parietal region of the head.
3.2. These injuries were caused as a result of traumas to the indicated body parts by a blunt firm object having a narrow, possibly elongated surface: cannot be considered as causing damage to health.
3.3. The type, character and intensity of those injuries allow the conclusion that they were caused within three to five days before the expert examination, thus not excluding the possibility that they were caused... on 7 August 2001.
3.4. It is impossible to assess those injuries with a view to determining whether they were caused as a result of a fall or an impact (impacts) with a certain object, as the circumstances of the alleged "fall" are unknown."
15. On 11 August 2001 a medical emergency team was twice called to the applicant following his complaints of severe heart pain and dizziness.
16. On the following day the applicant complained to warders of severe pain in the right side of the chest and back. An emergency team was called and he was taken to the Lipetsk Regional hospital. The applicant, without providing any further explanation, complained to the hospital doctors that he had been beaten up on 7 August 2001. The hospital report on the applicant's medical examination stated the following:
"1. Consultation of a urologist. Diagnosis: an injury to the right kidney. Treatment of this injury in the urological department for ten days. Subsequent supervision by a surgeon at the place of residence.
2. Consultation of an otolaryngologist. Diagnosis: two-sided adhesive otitis media, posttraumatic, deformation of the external nose and nasal septum deviation. The patient has suffered from those two conditions for a long time and [they] were not caused by a head injury received approximately a week ago.
3. Consultation of a neurosurgeon. Diagnosis: Posttraumatic asthenic syndrome. [The applicant] needs supervision by a neurologist at the place of residence..."
The report also indicated that the applicant had bruises to the ribs and the right side of the back.
17. The applicant remained in the hospital until 22 August 2001.

B. Proceedings upon the applicant's
complaints about the ill-treatment

18. On 19 October 2001 an assistant prosecutor of the Oktyabrskiy District of Lipetsk, Ms F., dismissed the applicant's complaint about the beatings. The one-page decision read as follows:
"On 8 October 2001 the prosecutor's office of the Oktyabrskiy District of Lipetsk received documents... pertaining to the inquiry into [the applicant's] complaints about the beatings by police officers on 7 August 2001.
During the interview [the applicant] refused to give explanations about the beatings in the lawyer's absence. After [he] was told that the lawyer's presence was not necessary in this case, [the applicant] again refused to provide any explanations and did not substantiate his refusal.
Therefore, it is impossible to establish the circumstances of the event.
On the basis of the abovementioned.... [the applicant's] request for institution of criminal proceedings against the police officers is dismissed because there is no indication of a criminal offence."
19. On 19 November 2001 the Oktyabrskiy District Prosecutor ordered an additional inquiry into the applicant's ill-treatment complaints.
20. Three days later the applicant unsuccessfully requested the investigator to aut

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