Постановление Европейского суда по правам человека от 23.04.2009 «Дело Московец (Moskovets) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MOSKOVETS v. RUSSIA
(Application No. 14370/03)

JUDGMENT <*>

(Strasbourg, 23.IV.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Moskovets v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 14370/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Nikita Nikolayevich Moskovets ("the applicant"), on 2 April 2003.
2. The applicant was represented by Ms T. Klykova, a lawyer practising in St Petersburg. The Russian Government ("the Government") were represented by Ms V. Milinchuk and Mr A. Savenkov, former Representative and former acting Representative of the Russian Federation at the European Court of Human Rights respectively.
3. On 18 June 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1977 and is currently serving a prison sentence.

A. The applicant's arrest and alleged ill-treatment

5. On 25 December 1999 the applicant was arrested on suspicion of several counts of aggravated murder and taken to a police station. The police officers allegedly intimidated the applicant and forced him to confess. The applicant's representative was present when the applicant made his confession.
6. On 26 December 1999 a medical examination was conducted on the applicant. The expert recorded a bruise on the left side of the applicant's chest and three abrasions on the backs of his hands, which did not cause harm to the applicant's health. The above injuries were caused in the period from one to three days prior to the examination. The applicant stated that on the night of 24 December 1999 he had tried to stop a fight, and that as a result he had scratched his hand and been punched in the chest.
7. The applicant sought to have criminal proceedings instituted against the police officers, however his allegations were found to be unsubstantiated.

B. The applicant's detention pending the investigation

8. On 28 December 1999 the applicant was detained in custody.
9. On 3 January 2000 the applicant was charged with murder under Article 105 of the Criminal Code.
10. On 9 February, 27 March, 6 April and 19 December 2000 the applicant's detention pending investigation was extended until 18 June, 25 June, 25 September 2000 and 25 February 2001 respectively. The extension orders referred to the particular gravity of the charges against the applicant, the fact that he had



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