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Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Гладышев (Gladyshev) против Российской Федерации" [рус., англ.]





, § 32, and {Avsar} v. Turkey, cited above, § 283).
54. Turning to the facts of the present application the Court notes that on being arrested and questioned on 10 May 2001 the applicant was examined by a forensic medical expert, who recorded various injuries to the applicant's body and suspected a chest trauma with broken ribs. The applicant complained that he had been severely beaten. Fractures of the left ribs were later supported by numerous medical examinations. Refuting the applicant's allegation the Government referred to the expert conclusion of 15 October 2001 to the effect that the injuries complained of could not have occurred on 10 May 2001. The Court firstly notes that according to that conclusion a fracture of the applicant's ribs appeared not more than twelve and sixteen weeks before the examination of 15 October 2001, which is no earlier than July and June 2001 respectively. The same report also indicated a bruise which had been inflicted by blunt objects and which had appeared no earlier than two to three days before the applicant's examination of 18 May 2001 (see paragraph 23 above). Thus the Government did not claim that the injuries could have predated the applicant's arrest.
55. The Court has also had regard to two further forensic examinations, conducted in November 2001 and October 2002 by groups of qualified experts of the Kostroma Regional Bureau of Forensic Medical Examinations and Russian Centre of Forensic Medical Examinations at the Ministry of Health (see paragraphs 26 and 29 above). In both reports the experts reached a conclusion that the injuries complained of could have occurred on 10 May 2001. The Government failed to submit any evidence to disprove this finding or any credible explanations as to how and when the bruises and rib fractures came about whilst the applicant was in custody, in detention on remand.
56. The Court further finds unfounded the explanation adduced by the Government that the applicant's injuries were incurred when the applicant fell down whilst trying to leave the crime scene. It does not lose sight of the expert's finding that the applicant's injuries were caused by impacts of a blunt firm object with a narrow surface, possibly by blows with fists or kicks with a booted foot, and could not have resulted from a fall (see paragraph 29 above), a finding which was not contradicted by any of the other findings.
57. Finally, the Court refers to the conclusion of the Kostroma Regional Court, which examined the applicant's case, that the applicant could have received a chest trauma with fractured ribs on 10 May 2001 (see paragraph 10 above). Having regard to the applicant's consistent and detailed allegations, corroborated by the results of several forensic medical examinations, and in the absence of any convincing and plausible explanation as to the origin of the injuries found on the applicant, the Court finds it established to the standard of proof required in Convention proceedings that the above injuries were the result of the ill-treatment of which the applicant complained.
58. In view of the above, the Court finds a violation of the substantive limb of Article 3 of the Convention.
(b) Alleged inadequacy of the investigation
59. The Court notes that in a number of judgments it has found that where a credible assertion is made that an individual has suffered treatment infringing Article 3 at the hands of the police or other similar agents of the State, that provision, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within their jurisdiction the rights and freedoms defined in... [the] Convention", requires by implication that there should be an effective official investigation. The investigation into arguable allegations of ill-treatment must be thorough. This means that the authorities must a



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