lice station No. 184 on the witnesses in the criminal case against him and that his family had received threatening phone calls because they had complained that the applicant had been ill-treated.
24. On 21 May 2001 the applicant's mother lodged a complaint with the Prosecutor General's Office (Генеральная прокуратура РФ). In her complaint she once again raised the issue of the applicant's ill-treatment by the police officers. She further submitted that since 19 February 2001 no effective investigation had been carried out. The case had been transferred from one investigator to another and no forensic medical examination had yet been ordered. She also alleged that their family had received threatening phone calls.
2. Decision to open a criminal case in respect
of the applicant's complaints
25. By a letter of 21 May 2001 Investigator G. informed the applicant's mother that:
"...on 21 May 2001 criminal proceedings No. 5649 have been instituted under Article 286 § 3 of the Criminal Code [(Уголовный кодекс РФ)] on the basis of your complaint about the physical injuries caused to [the applicant]".
3. Forensic medical examination of the applicant
26. On 29 May 2001 Investigator G. ordered a forensic medical examination to be carried out. The investigator found that:
"On 10 February 2001 [the applicant] was arrested on suspicion of having committed an offence by police officers of Otradnoe District Police Station of Moscow [(Отделение внутренних дел района Отрадное г. Москвы)]. On 11 February 2001 [the applicant] was placed in Moscow City Hospital No. 1 as a result of physical injuries which, according to [him], had been inflicted by police officers."
27. A number of questions were put to the forensic expert. The latter was also provided with the applicant's medical file.
4. The applicant's complaints in respect of alleged
irregularities of the investigation and request for access
to the case file
28. On 8 June 2001 the applicant's mother lodged a complaint with Investigator G. In her complaint she submitted that during the medical examination carried out on 6 June 2001 she had discovered that certain vital documents were missing from the applicant's medical file. In particular, she drew attention to the doctor's conclusion, in which, besides the diagnosis and need for urgent hospitalisation, it was also allegedly stated that the applicant had been brought to the casualty department by a police officer. The applicant's mother alleged that this document had been deliberately destroyed in order to substantiate the version of events put forward by the police, according to which the applicant had been released from the police station at 10.10 p.m. on 10 February 2001.
29. On 13 and 14 June 2001 the applicant's mother lodged similar complaints with the prosecutor of the Butyrskiy Inter-District Prosecutor's Office of Moscow and the Moscow City Prosecutor's Office respectively, requesting an inquiry to be carried out. In addition, she requested permission to familiarise herself with the materials in case No. 5649 in the presence of a public official.
30. By letter of 14 June 2001 Investigator G. informed the applicant's mother that access to the case file could not be granted as, in accordance with the relevant rules of procedure, the victim, the accused, the civil plaintiff and the defendant could familiarise themselves with the case file only after the investigation had been completed.
31. On an unspecified date before 5 July 2001, the head of a local human rights NGO, the Committee for Civil Rights (Комитет за гражданские права), acting as the applicant's defence counsel, sent a letter to the Moscow City Prosecutor complaining of the in
> 1 2 3 4 ... 10 11 12
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
