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Постановление Европейского суда по правам человека от 14.01.2010 "Дело "Мастепан (Mastepan) против Российской Федерации" [рус., англ.]





t for his home, and that they had frisked him and seized his belongings. In particular, the applicant complained that when police officers K. and B. were on their way out an armed squad burst into his flat, shouting and threatening. He was thrown to the floor his hands tightly tied behind his back and dealt several blows to his side and the lower part of his back. The squad frisked him and handcuffed him. Afterwards the applicant was informed that the armed persons were police. The attesting witnesses were called, and what the applicant believed to have been a search began, without any prior approval by the prosecutor. The "search" lasted about three hours. From the conversation of the police officers the applicant understood that they were searching for drugs and arms. After the "search" was over some of the applicant's belongings were put in boxes and seized. Later the applicant was informed with the record of the investigative action in question, from which he learned that it had been an inspection of the crime scene.
16. On 3 July 2002 the Barabinskiy District Court of the Novosibirsk Region rejected the applicant's complaint as unsubstantiated. The court found as follows:
"...On 10 February 2002 the investigator [name] arrived at [the applicant's address] in connection with information about the crime, where he conducted, with attesting witnesses, the inspection of the scene of the crime. The investigative action in question was registered in the record of inspection of the crime scene... The above circumstance is confirmed by the record dated 10 February 2002; a statement by [the head of the police squad] in which he confirmed that... following a signal from [police officer K.] the police squad arrested [the applicant]. [The investigator] arrived ten to fifteen minutes later and inspected the scene of the crime. [The above circumstance is further confirmed] by: statement of [police officer K.] in which he confirmed that after the test purchase was completed he informed the police squad accordingly through a radio transmitter, following which he came to the door, opened it, the police squad entered the flat and arrested [the applicant]; then [the investigator] was called and conducted the inspection of the scene of the crime; a statement by [a member of the police squad] who confirmed that on 10 February 2002 a test purchase was carried out; he and [two other members of the squad] were waiting for a signal from [police officer K.] to arrest [the applicant]. After the signal was received they entered the flat, then called the investigator, who entered the flat and conducted the inspection of the scene of the crime five minutes later; statements of [two attesting witness] who assisted at the inspection of [the applicant's] flat.
On the basis of the above, taking into account that [the investigator] arrived at [the applicant's address] at the scene of the crime, the actions of [the investigator] do not indicate that there was an unlawful entry to a dwelling.
The RSFSR Code of Criminal Procedure did not oblige the investigator to hand over the record of the inspection to [the applicant].
In accordance with Articles 178 and 179 of the RSFSR Code of Criminal Procedure during the inspection [the investigator] had the right to seize the uncovered traces of crime and other physical evidence. At that [the applicant's] participation was not obligatory.
It has not been established that [the investigator] body-searched [the applicant].
..."
As regards the applicant's allegations in so far as they concerned the actions of the police squad, the court indicated that the applicant had failed to follow the procedure established by law for challenging police actions (namely, the Police Act and the Law on complaints about actions and decisions impinging upon the rights and freedoms of citizens) and refused to examine the relevan



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