Постановление Европейского суда по правам человека от 21.10.2010 «Дело Белобородов (Beloborodov) против России» [англ.]

id not cause any impairment to the applicant's general health.
9. On 25 April 2004 a medical emergency team was summoned to see the applicant, who was suffering from diabetes and neurasthenia.

B. The investigation into the applicant's allegations

10. On 26 April 2004 the applicant's counsel complained to the prosecutor's office about the applicant's ill-treatment in police custody.
11. On 29 April 2004 the senior investigator of the Leninskiy District Prosecutor's Office of Orsk dismissed the complaint. The investigator noted that the applicant had sustained the injuries on the afternoon of 23 April 2004, whereas he alleged that he had been subjected to ill-treatment on 22 April 2004.
12. The investigator based his findings on the forensic medical report of 24 April 2004, and the testimony provided by three police officers, who denied the applicant's allegations and claimed that he had actively resisted arrest and even managed to break his handcuffs.
13. On 18 May 2004 the Deputy Prosecutor of the Leninskiy District of Orsk quashed the investigator's decision of 29 April 2004. The prosecutor stated that the investigator's findings were inconclusive and that the inquiry had been incomplete.
14. On 28 May 2004 the investigator dismissed the applicant's complaint. The investigator noted that the applicant had actively resisted arrest and questioning and that the police officers had had to use physical force to restrain him. The investigator further noted that, according to the statement submitted by the temporary detention centre where the applicant had been taken on 23 April 2004, he did not have any injuries upon arrival. As to the injuries documented on 24 April 2004, the investigator decided that the applicant must have sustained them no earlier than 12 noon on 23 April 2004, that is, after his arrest and search, which he had actively resisted.
15. On 7 June 2004 the Leninskiy District Court of Orsk quashed the decision of 28 May 2004. The court noted that the investigator's findings were inconclusive and contradictory. In particular, the court observed as follows:
"According to the materials in the case file concerning the refusal to open a criminal investigation, [the applicant] was not questioned with regard to the injuries he had sustained. The decision not to open a criminal investigation was based on the statements made by M., T., and K., the police officers [accused by the applicant of ill-treatment], a report provided by [the temporary detention centre], and the forensic medical report [of 24 April 2004]. [The investigator's] findings [of 28 May 2994] are manifestly contradictory and inconclusive. On the one hand, the investigator noted that [the applicant's] injuries had resulted from his active resistance to the police officers in the course of his arrest on 22 April 2004. On the other hand, the investigator referred to the forensic medical report, arguing that [the applicant] had sustained the injuries no earlier than 12 noon on 23 April 2004. [Thus, the investigator] failed to elucidate the circumstances under which [the applicant] had sustained the injuries, whether it had happened on 22 April 2004 or no earlier than 12 noon on 23 April 2004, and how those injuries had originated if no one had beaten [the applicant]. [The investigator] only established that the applicant did sustain the injuries, but failed to determine the circumstances of their origin.
Furthermore, M. had stated that [the applicant] had broken his metal handcuffs... However, [the investigator] did not examine the handcuffs. Nor did he verify [M.'s statement].
On the day of the court hearing concerning [the applicant's] remand in custody, [he] submitted that the police officers had torn his shirt. His statement was recorded in the minutes of



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