ensure that individuals who have been injured as a result of the use of physical force, special equipment or a weapon receive medical assistance (section 12).
105. Police officers may use physical force, including martial arts, to stop a criminal or administrative offence being committed, arrest persons who have committed a criminal or administrative offence or overcome resistance to a lawful order, if non-violent methods are insufficient to ensure discharge of the police duties (section 13).
106. Sections 14 and 15 of the Police Act lay down an exhaustive list of cases when special means, including rubber truncheons, handcuffs and firearms, may be used. In particular, rubber truncheons may be used to repel an attack on civilians or police officers, to overcome resistance offered to a police officer and to repress mass disorder and put an end to collective actions disrupting the operation of transport, means of communication and legal entities. Handcuffs may be used only to overcome resistance to a police officer, to arrest an individual caught while committing a criminal offence against life, health or property and if he is attempting to escape, and to bring arrestees to police stations as well as to transport them and protect them if their behaviour allows the conclusion that they are liable to escape, cause damage to themselves or other individuals or offer resistance to police officers.
2. The Custody Act
107. The Custody Act (No. 103-FZ of 15 July 1995) provides that physical force may by used against a suspect or an accused to prevent commission of an offence or to overcome resistance to lawful orders, if those aims cannot be attained by non-violent methods (section 44).
108. Rubber truncheons and handcuffs may be used in the following cases:
- to repel an attack on a staff member of a detention facility or on other persons;
- to repress mass disorder or put an end to collective violations of the detention rules and regulations;
- to put an end to a refusal to comply with lawful orders of the facility's administration and warders;
- to release hostages and liberate buildings, rooms and vehicles taken over by a detainee;
- to prevent an escape;
- to prevent a detainee from hurting himself (section 45).
THE LAW
I. Scope of the case
109. The Court notes that in his reply to the Government's observations the applicant raised several new complaints under Article 3 of the Convention. In particular, he complained of the allegedly appalling conditions of his detention and of insufficient medical assistance, from January to May 2001.
110. In the Court's view, the new complaints raised by the applicant are not an elaboration of his original complaints lodged with the Court more than three years earlier, on which the parties have already commented. The Court therefore decides not to examine the new complaints within the framework of the present proceedings (see Isayev v. Russia, No. 20756/04, §§ 81 to 83, 22 October 2009; Kravchenko v. Russia, No. 34615/02, §§ 26 to 28, 2 April 2009; Melnik v. Ukraine, No. 72286/01, §§ 61 to 63, 28 March 2006; and Nuray {Sen} v. Turkey (No. 2), No. 25354/94, § 200, 30 March 2004).
II. Alleged violation of Article 3 of the Convention
on account of ill-treatment from January to April 2001
111. The applicant complained that between January and April 2001 he had been repeatedly ill-treated by the police and that the authorities had not undertaken an effective investigation into his allegations of ill-treatment. He relied on Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Submissions by the parties
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