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Постановление Европейского суда по правам человека от 18.03.2010 «Дело Максимов (Maksimov) против России» [англ.]





selves and asked him to present identification documents, in response to which [the applicant], ...used offensive language and refused to show [the documents], saying that he did not have time. Subsequently we asked [the applicant] to accompany us to the police station... When we arrived at the station, the man was asked to put sharp objects on a shelf. [The applicant] took out a rusty clinch nail and said that he did not have anything else except for a plastic bag with documents which he needed to take to the Sverdlovskiy District Court. We suggested that he go to a cell for administrative arrestees. He entered the cell. Subsequently, a record of administrative arrest was drawn up under Article 162 of the Russian Code of Administrative Offences... After that [the applicant] was released."

2. Complaints to a prosecutor's office

33. On 20 December 2001 the applicant requested the Sverdlovskiy district prosecutor to institute criminal proceedings against the police officers, alleging that he had been unlawfully taken to the police station and that he had been searched and beaten up there. The applicant also claimed that no reports had been drawn up concerning his arrest.
34. On 25 December 2001 the Sverdlovskiy district prosecutor re-directed the applicant's complaint to the Sverdlovskiy district police department, requesting an internal inquiry.
35. On 9 January 2002 the head of the police department issued a report, finding as follows:
"On 19 December 2001, at approximately 9 a.m., patrol officers [M. and D.] and police trainee, Ms I., started their shift from [the local police station]. At approximately 10.15 a.m. near a house... officers M. and D. stopped [the applicant], who was in the state of alcohol intoxication, looked untidy, and was walking unsteadily, holding his right hand to his bosom, arousing the officers' suspicion. The police officers brought [the applicant] to the police station as he did not have any identification documents on him. Record [of the arrest] No. 1977 was entered in the arrests registration log in the station. On being signed in [the applicant] was searched in compliance with the requirements of section 11 (2) of the Police Act.
Police officer M. drew up administrative offence record No. 29384 in relation to [the applicant's] offence proscribed by Article 162 of the RSFSR Code of Administrative Offences. On 19 December 2001 a decision was issued on the basis of the case file materials: [the applicant was] warned.
The arrests registration log shows that [the applicant] was released at 11 a.m.
In his complaint [the applicant] contended that the police officers had arrested him without any valid reasons; furthermore, the police officers had unlawfully performed a body search on him. After he was brought to the police station he had been beaten up by a police officer.
Police officers M. and D. explained in their statements that on 19 December 2001 they had arrested [the applicant]; an administrative offence record under Article 162 of the RSFSR Code of Administrative Offences had been drawn up concerning him; no physical force or special measures had been used against [the applicant].
The official internal inquiry did not manage to resolve the discrepancies between the police officers' and [the applicant's] statements."
The materials from the police internal inquiry were sent to the office of the Sverdlovskiy district prosecutor.
36. On 18 January 2002 the prosecutor ordered a graphological analysis of the signature on the report of 19 December 2001 because the applicant claimed that he had not signed any document that day. On 5 February 2002 the Krasnoyarsk town expert bureau submitted an opinion, noting that the data provided insufficient basis for a firm finding to the effect that the applicant had signed the report. However, th



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