l"). The period of detention "during the trial" is calculated up to the date of the judgment. It may not normally exceed six months, but if the case concerns serious or particularly serious criminal offences, the trial court may approve one or more extensions of no longer than three months each (Article 255 §§ 2 and 3).
THE LAW
I. Alleged violation of Article 3 of the Convention
97. The applicant complained that he had been beaten by police officers and that the authorities had not undertaken an effective investigation into his allegations of ill-treatment. He relied on Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Arguments by the parties
98. The Government submitted that the applicant had never complained about his ill-treatment to the competent domestic authorities, either personally or through counsel representing his interests in the criminal proceedings against him. All complaints had been lodged by his mother. In the Government's opinion, the mother's complaints did not count for exhaustion purposes. In any event, although the mother had appealed against the refusal to institute criminal proceedings to a higher prosecutor, such appeal did not constitute an effective remedy within the meaning of Article 35 of the Convention (see Belevitskiy v. Russia, No. 72967/01, § 60, 1 March 2007). The only effective remedy was a judicial appeal. The mother had not applied to a court until long after the events complained of, while the applicant himself had not had recourse to that remedy at all. Therefore, the applicant had not exhausted domestic remedies.
99. In the alternative, the Government argued that the delay in bringing the allegations of ill-treatment to the attention of the domestic authorities had undermined the effectiveness of the investigation. Indeed, the applicant's mother had for the first time complained to a prosecutor only a year and a half after the alleged ill-treatment, and had not applied to a court until two and a half years after those events. The domestic authorities had conducted several enquiries into the allegations of ill-treatment. In particular, they had questioned the policemen, the victims and the witnesses and had ordered a medical examination of the applicant. In the Government's opinion, the enquiries had been as adequate and effective as had been possible in view of the belated lodging of the complaint with the prosecutor and courts. In any event, the complaint under Article 3 was premature, as on 21 March 2008 the regional prosecutor had ordered an additional investigation into the applicant's allegations of ill-treatment.
100. Lastly, the Government submitted that the applicant's account of the ill-treatment did not concur with the reported injuries. It transpired from the medical certificate of 30 January 2003 that some of the applicant's injuries could have been the result of his bumping against protruding objects, while other injuries had been caused by the applicant's cutting himself with a nail. It was not therefore possible to establish beyond reasonable doubt that he had been beaten by the police. In any event, the treatment complained of had not attained a minimum level of severity, as the injuries had not been serious and had not resulted in any deterioration of the applicant's health.
101. The applicant submitted that the only effective remedy for his complaint under Article 3 would be the institution of criminal proceedings against the police officers who had ill-treated him. The domestic authorities had however consistently refused to open such an investigation. Thus, the applicant's complaints about ill-treatment dispatched through the detention facility administration had remained without
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