Постановление Европейского суда по правам человека от 16.09.2010 «Дело Тигран Айрапетян (Tigran Ayrapetyan) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF TIGRAN AYRAPETYAN v. RUSSIA
(Application No. 75472/01)

JUDGMENT <*>

(Strasbourg, 16.IX.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Tigran Ayrapetyan v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 26 August 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 75472/01) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Tigran Khorenovich Ayrapetyan ("the applicant"), on 19 September 2001.
2. The applicant, who had been granted legal aid, was represented by Ms E. Liptser, a lawyer at the International Protection Centre in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that he had been ill-treated by police officers of the Otradnoe District Police Station of Moscow during his detention on 10 February 2001 and that there had been no effective investigation into his allegations of ill-treatment.
4. By a decision of 5 March 2009, the Court declared the application partly admissible.
5. The applicant and the Government both submitted further written observations (Rule 59 § 1), the Court having decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1983 and lives in Moscow.

A. The applicant's arrest and alleged ill-treatment

7. On 10 February 2001 at about 11 a.m. the applicant, who at the material time was a student, was arrested in a yard of school No. 970 by police officers while receiving a sum of money from another student.
8. The applicant was suspected of extortion and was taken to Moscow police station No. 184 ("the Otradnoe District Police Station of Moscow") where he was locked in an office.
9. The applicant submits that one of the police officers who had arrested him periodically entered the office, asked him questions and beat him.
10. The applicant was then taken to another office where two more police officers were present. The officers explained to him that he had the right not to give evidence against himself.
11. According to the applicant, they then started to ask him questions, which he refused to answer. All three officers started to beat him. One of them forced the applicant to stay in a half-squatting position while holding a metallic plate in his hands. The officer warned the applicant that if he failed to maintain the position, he would "get a kick in his chest".
12. Allegedly, when the applicant dropped the plate, he was kicked in the chest and the beatings resumed. At



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