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Постановление Европейского суда по правам человека от 30.07.2009 «Дело Владимир Федоров (Vladimir Fedorov) против России» [англ.]





be crucial for the establishment of the truth in cases of police brutality, were conducted by the police force itself (see paragraph 12 above). Furthermore, the Court considers it particularly striking that despite the fact that the police inquiry resulted in the finding that certain investigative steps on the part of the prosecution authorities were needed "to establish the truth", no such steps were taken. On 18 April 2003 the assistant prosecutor refused to institute criminal proceedings against the police officers, entirely basing his decision on statements they had made during the official police inquiry (see paragraph 14 above). In addition, in the period immediately following the events in question no attempts were made to conduct a forensic medical examination of the applicant. The Court reiterates in this connection that proper medical examinations are an essential safeguard against ill-treatment. The forensic doctor must enjoy formal and de facto independence, have been provided with specialised training and have a mandate which is broad in scope (see {Akkoc} v. Turkey, Nos. 22947/93 and 22948/93, § 55 and § 118, ECHR 2000-X). The Court notes with concern that the lack of a forensic medical examination was invoked by the assistant prosecutor as a ground for a refusal to institute criminal proceedings in respect of the applicant's complaints (see paragraph 17 above).
70. The Court further observes that the investigation became protracted. The Court finds it striking that for a period of over three years between October 2003 and January 2007 there were no further developments. Since being re-opened in January 2007 the investigation has remained pending and the police officers have not yet been committed to stand trial. The Government failed to provide any explanation for the protraction of the criminal proceedings. In such circumstances the Court is bound to conclude that the authorities failed to comply with the requirement of promptness (see {Kismir} v. Turkey, No. 27306/95, § 117, 31 May 2005, and Angelova and Iliev v. Bulgaria, No. 55523/00, § 103, ECHR 2007-...).
71. With regard to the thoroughness of the investigation, the Court notes a number of significant omissions capable of undermining its reliability and effectiveness. Firstly, no evaluation was carried out with respect to the quantity and nature of the applicant's injuries. In issuing their decisions the investigators confined themselves to a restatement of the medical certificates which listed the injuries sustained by the applicant. The Court finds it striking that the assistant prosecutor failed to order a forensic examination of the applicant or at least to take statements from the doctors attending the applicant. The Court also considers it extraordinary that, while dealing with the applicant's complaint in 2003 when the medical evidence was still available to the prosecution authorities, the assistant prosecutor did not attempt to examine the medical evidence before him and to draw conclusions on that basis.
72. Secondly, the Court observes that there was a selective and somewhat inconsistent approach to the assessment of evidence by the investigating authorities. It is apparent from the decisions submitted to the Court that the investigators based their conclusions mainly on the testimonies given by the police officers involved in the incident. Although excerpts from the testimonies of the applicant and his female friend, Ms S., were included in the decisions on the refusals to institute criminal proceedings, the investigators did not consider those testimonies to be credible, apparently because they reflected personal opinions and constituted an accusatory tactic by the applicant and Ms S. However, the investigators did accept the police officers' testimonies as credible, despite the fact that their statements could have constituted defence tactics and have been aimed at damaging the applicant'



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