Постановление Европейского суда по правам человека от 19.03.2009 «Дело Полонский (Polonskiy) против России» [англ.]

and insisted that he confess.
9. On 30 January 2003 the applicant was questioned by the investigator and he complained to the latter about ill-treatment. The investigator ordered a medical examination. The applicant was immediately escorted to the Volgograd Regional Department of Forensic Medicine where he was examined by two medical experts. It can be seen from the medical report of the same date that he had numerous bruises on his forehead, left shoulder, left shoulder-blade and right leg, which had been caused by the impact of blunt objects. The injuries to his back and leg could have been the result of bumping against protruding objects. The applicant also had abrasions on his forearms, which had been caused by a sharp object, possibly a nail. Lastly the doctors recorded thermoelectrical burns on the applicant's fingers. They found that all injures had been inflicted one or two days before.
10. On 28 March 2003 the police arrested and allegedly beat the applicant's wife and sister. They were released on 31 March 2003. On the same day the applicant's sister was examined by a doctor who reported many bruises on her chest and waist and brain concussion. The applicant's wife was diagnosed with post-traumatic perforated otitis.
11. On 29 March 2003 the applicant's mother-in-law was also arrested and questioned by police officer Mr T. According to her testimony, he was drunk. He hit her several times in the face and verbally abused her. She was released on the same day. It transpires from a medical certificate issued on 30 March 2003 that she had a bruise on her face.

B. Investigation into alleged ill-treatment

12. The applicant stated that he had complained to the prosecutor's office about his ill-treatment, but had received no reply. He then signed a power of attorney for his mother who, on 26 August 2004, filed a complaint about the applicant's ill-treatment with the prosecutor's office. The applicant's wife, sister and mother-in-law also complained that they had been beaten by Mr T., a deputy head of police department No. 2, and the subordinate police officers.
13. The Tsentralniy District prosecutor questioned one of the police officers of police department No. 2 and he denied beating the applicant. No other investigative measures were taken. On 3 September 2004 the Tsentralniy District prosecutor refused to initiate criminal proceedings against the policemen, finding that there was no evidence of ill-treatment. He observed that the applicant had never complained about ill-treatment to the investigator in charge of his criminal case. He also noted that it had been impossible to question Mr T. as he had been on mission in Chechnya.
14. The applicant challenged the decision of 3 September 2004 before the Tsentralniy District Court of Volgograd.
15. On 22 March 2005 the Volgograd Regional prosecutor set aside the decision of 3 September 2004 and ordered an additional inquiry. On 14 December 2005 the Tsentralniy District Court of Volgograd discontinued the proceedings as the decision of 3 September 2004 had been annulled.
16. On 3 April 2005 the Tsentralniy District prosecutor for a second time refused to open criminal proceedings.
17. On 5 December 2005 the Volgograd Regional prosecutor set the decision aside and ordered that the Tsentralniy District prosecutor conduct an additional inquiry, and in particular question the applicant, his wife, mother and sister, his co-defendants, co-detainees, Mr T. and other police officers of police department No. 2, and obtain a medical examination of the applicant.
18. In December 2005 and January 2006 the Tsentralniy District prosecutor questioned the applicant's mother, sister, wife and mother-in-law, who described the circumstances of the applicant's arrest and complained that they had been intimidated



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