Постановление Европейского суда по правам человека от 13.07.2010 <Дело Лопата (Lopata) против России» [англ.]

d, the latter had written a confession after V.G. and other police officers had presented him with "certain information".
45. In his written explanation dated 23 September 2000 R.Kh. submitted that he had not "worked with the applicant" and had not taken a confession statement from him. He stated that he had had dealings with the applicant earlier, when the latter had been arrested in connection with an administrative offence.
46. All of the police officers denied having used "unlawful methods" or torture against the applicant and claimed that his allegations had been libellous.
47. By a decision of 24 September 2000 the deputy district prosecutor refused to institute criminal proceedings against the police officers who had allegedly ill-treated the applicant. The decision read as follows:
"On 14 September 2000 lawyer A.A. complained to the Uchaly district prosecutor's office that from 3 p.m. on 8 September 2000 until 7 a.m. on 9 September 2000 her client had been beaten up by police officers in the premises of the Uchaly police station.
The inquiry established that [the applicant] had, indeed, been held in the Uchaly police station as an arrestee from 8 to 9 September 2000. However, it has not been established that physical violence was applied to him. Despite [the applicant's] submission that police officers had severely beaten him on practically all parts of his body, the officers questioned [in that connection] submitted that they had not applied any violence to him; moreover, according to the forensic expert's report of 14 September 2000, no injuries had been found on [the applicant].
Thus, [the applicant's] allegations about his beating by police officers raise serious doubts as to their truthfulness."
48. Lastly, it was stated that the decision was to be notified to the applicant and that he was to be informed of his right to appeal against it to a higher-ranking prosecutor or a district court.
49. By a letter of 4 October 2000 the deputy district prosecutor replied to the applicant's lawyer that he had examined her complaint about the applicant's alleged ill-treatment and that on 24 September 2000 he had refused to institute criminal proceedings in that connection. The letter further stated that it was open to the applicant to challenge the refusal before a higher-ranking prosecutor or a district court.

2. Further complaints about the ill-treatment

50. On an unspecified date the applicant's lawyer lodged with prosecutor of the Bashkortostan Republic a further complaint about the applicant's ill-treatment and the continuing threats to him by officers V.G. and I.M.
51. On 3 October 2000 the applicant's lawyer complained to the prosecutor of the Bashkortostan Republic about various violations of the applicant's rights at the pre-trial stage, reiterating the ill-treatment complaint. She further claimed that the forensic expert who had failed to discover any physical injuries on the applicant's body during the examination on 14 - 18 September 2000 had committed a criminal offence because, apart from the obviously visible physical injuries, the applicant's kidneys and bladder had also been damaged during the beatings. Lastly, she mentioned that although she had asked the district prosecutor for a correct medical examination of the applicant, she had not succeeded in obtaining this.

D. Alleged restriction on the applicant's
communication with counsel

52. According to the applicant's counsel, on 8 September 2000 she obtained permission from the head of the Uchaly police station to visit the applicant. However, after a phone call by A.M., she was refused access to her client. On the same day she complained about that situation to the district prosecutor's office.

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