February 2002 the Military Court of the Dalnevostochniy Command convicted the applicant of aggravated murder and of theft of military ammunition. He was sentenced to fourteen years' imprisonment. The court in its judgment dismissed the applicant's complaint of ill-treatment. The applicant appealed, claiming, inter alia, that the court had used the testimony obtained under duress and without a lawyer; that his detention had been extended unlawfully; and that during a considerable period of time the investigation had been inactive. He also complained of ill-treatment on 15 June 2001 and failure to investigate it.
15. On the same day the applicant received a reply from the Prosecutor's Office of the Dalnevostochniy Military Command informing the applicant that an additional enquiry would be carried out as regards his complaint of ill-treatment. This was confirmed by another letter from the same prosecutor's office on 22 February 2002.
16. On 8 April 2002 the Prosecutor's Office of the Khabarovsk Garrison opened a criminal investigation into the incident of 15 June 2001.
17. On 29 April 2002 the applicant sent a complaint to the Prosecutor's Office of the Dalnevostochniy Military Command. He complained that the investigation in the criminal case concerning his ill-treatment had been belated and inefficient. He alleged that he still had not got access to any materials on the file and that even basic investigative steps had not been taken.
18. On 8 June 2002 the Prosecutor's Office of the Khabarovsk Garrison discontinued criminal proceedings concerning the ill-treatment, relying on the statements of the following persons, who had been questioned:
- the applicant, who reiterated the earlier submissions and the allegations against the members of G.'s family and the implicated officials, D., T. and K.;
- investigator D., who denied handing the applicant over or making any prior threats to the applicant; he confirmed that there had been one occasion when he had allowed S.G., a relative of the deceased, to talk to the applicant in the interview room, but he had made no threats;
- witness A., apparently also a member of G.'s family, who was present during the above conversation and who confirmed that S.G. did not threaten the applicant;
- operative officer T. who submitted that on 15 June 2001 he was transporting the applicant together with K.; they stopped in Lermontova Street waiting for D. and were attacked by unknown persons who abducted the applicant; he stated that they had not expected to be attacked and had therefore offered no resistance; he had not received any instructions from D. to hand the applicant over to G.'s relatives;
- S.G., the suspect in the applicant's abduction, denied any knowledge of the incident;
- witness N.K., apparently D.'s superior, submitted that D. had been negligent in having failed to organise adequate transport of the applicant, but was not responsible for him having been beaten up.
As regards D., T. and K. it was established that they had been negligent in discharging their official duties but there had been no causal link between their negligence and the applicant's injuries. Their prosecution for criminal negligence was therefore discontinued. The proceedings against S.G. and other relatives of G. were also discontinued on the grounds of lack of evidence against them.
19. On 6 December 2002 the Military Section of the Supreme Court of Russia upheld the applicant's conviction but reduced the prison sentence to twelve years. The court of appeal found that there had been no procedural irregularities during the pre-trial investigation, that the applicant had been informed about his right to legal assistance and had waived it. The testimony given by the applicant was found to have been received in compliance with the
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