Постановление Европейского суда по правам человека от 14.05.2009 «Дело Алибеков (Alibekov) против России» [англ.]

ration for damages.
13. On 21 September 2000 the Kalininskiy District Court of Tyumen returned the applicant's claim without examining it on the grounds that he had failed to comply with the procedural requirements prescribed by law, namely to pay a court fee, submit additional copies of his statement of claim and indicate possible evidence. Apparently the applicant did not rectify the mentioned shortcomings.

2. Alleged ill-treatment in August 2002

14. On 1 August 2002 a special police unit (ОСН УИН МЮ РФ в Тюменской области) arrived at the colony. According to the applicant, the unit stayed at the colony until 7 August 2002, and during that period he was severely beaten on several occasions. No medical assistance was provided after the beatings and the colony's doctors refused to record ill-treatment in his medical records.
15. The applicant alleged that his ribs were broken and his left kidney damaged. He was X-rayed but was never given a copy of the results.
16. According to the Government, at about 10.20 a.m. on 1 August 2002 warders searched the applicant's cell. A warder told the applicant to undress in readiness for a body search. When the applicant refused he was warned that his further refusal would result in the use of force in accordance with sections 28 - 30 of the Penitentiary Institutions Act. The warder gave the applicant a minute "to reconsider".
17. As the applicant refused to implement the order and became aggressive, the warders gripped his hands and forced him to undergo the body search.
18. On 1 August 2002, immediately after the events complained of, the applicant was examined by a colony doctor who made the following entry on the applicant's medical card:
"State of health after the use of force: no injuries."
19. On 9 August 2002 the applicant complained to the colony doctor of chest pain. He was examined and diagnosed with neurocirculatory dystonia. On 29 August 2002, following further complaints, he was re-examined.
20. On 2 September 2002 the applicant was admitted to the colony hospital. He claims that doctors diagnosed him with nephroptosis (a kidney disease) which resulted from the beatings. However, according to the documents submitted, he was diagnosed with diabetes.
21. On 4 September 2002 a surgeon at the colony hospital examined the applicant and diagnosed him with "an injury to the left side of the chest".
22. On 16 October 2002 the applicant underwent a "large picture frame photoroentgenography", which revealed no pathological changes.

3. Investigation into the applicant's
complaints of ill-treatment

23. The applicant submitted his complaint about the alleged ill-treatment during the period from 1 to 7 August 2002 to the General Prosecutor's Office, which redirected it to the Tyumen Regional Prosecutor's Office.
24. On 30 August 2002 an investigator from the Tyumen Regional Prosecutor's Office rejected the applicant's request for criminal proceedings to be initiated against the warders, having found no evidence that an offence had been committed. He referred to a statement by one of the warders and to the entry made on the applicant's medical card on 1 August 2002, both of which indicated that the applicant had not been found to be suffering from any injuries.
25. On 13 September 2002 the applicant lodged a further complaint about the events of 1 August 2002. On 24 December 2002 the investigator at the Tyumen Regional Prosecutor's Office authorised a forensic medical examination of the applicant to be conducted on the basis of the latter's medical records.
26. The expert submitted his report on 24 January 2003. He had studied the photofluorograms taken of the applicant's chest on 24 July 2002 and 16 October



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