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

13. On 15 April 2003 the applicant was re-arrested and placed in a temporary detention ward.
14. Three days later an assistant of the Prokopyevsk Town Prosecutor, having examined the medical certificate of 15 March 2003 and the conclusions of the official police inquiry, dismissed the applicant's request for institution of criminal proceedings against the police officers because "there was no objective data" confirming the applicant's allegations.
15. On 5 May 2003 the applicant underwent a chest X-ray examination. As is apparent from a medical certificate issued by a prison doctor on 26 May 2004, the X-ray showed that the applicant had a fracture in the front part of the ninth rib in the consolidation phase.
16. Relying on medical evidence in support of the applicant's allegations of ill-treatment, the applicant's father complained to the Prokopyevsk Town Prosecutor about the assistant prosecutor's decision of 18 April 2003. On 1 October 2003 the Town Prosecutor quashed the decision of 18 April 2003, pointing to the incompleteness of and defects in the assistant prosecutor's decision, and authorised an additional inquiry.
17. On 13 October 2003 an assistant of the Prokopyevsk Town Prosecutor, once again relying on the police officers' denials of the use of force, refused to institute criminal proceedings against them. The relevant part of the decision reads as follows:
"On 15 March 2003, in the trauma unit, [the applicant] was diagnosed with several injuries; however, in the course of the inquiry it has been impossible to establish the time and mechanism of their appearance without a forensic medical examination. The circumstances of [the applicant's] beatings as indicated by him were not corroborated by any objective data. The police officers... interrogated in the course [of the inquiry] strongly object to [the applicant's] arguments concerning the application of unlawful investigation methods..."
18. On 10 March 2004 the Prokopyevsk Town Prosecutor sent a letter to the applicant's father informing him that his complaints had been examined and had been dismissed by a decision of 13 October 2003. The Town Prosecutor also informed the applicant's father that he had no standing in the proceedings pertaining to the alleged beatings of the applicant and that, therefore, he had no right to appeal against the decision of 13 October 2003.
19. On the same day the Prokopyevsk Town Prosecutor sent a letter to the applicant, notifying him of the decision of 13 October 2003. The Prosecutor added that the decision of 13 October 2003 had been lawful and that there were no grounds to annul it. As shown by the postmark, the letter was served on the applicant on 17 March 2004.

B. Trial and appeal proceedings

20. In the meantime, on 15 September 2003, the Rudnichniy District Court of Prokopyevsk found the applicant guilty of aggravated theft, fraud and robbery and sentenced him to seven years and six months' imprisonment. The District Court based the conviction on the applicant's partial confession given in open court, statements by the victims and witnesses, including Ms S., a record of a search in the applicant's flat showing that the victims' belongings had been found and seized, records of identification parades and other material evidence. The applicant's confession which he had given on 13 March 2003 did not serve as the basis of his conviction. The District Court examined the applicant's allegations of police brutality. It noted that the prosecution authorities had conducted an inquiry into the applicant's complaints about the beatings and had decided not to institute criminal proceedings because the allegations had not been proven.
21. The applicant and his lawyer appealed, arguing, inter alia, that the District Cou

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