sations. Later on the same day he wrote a statement confessing to the murder. He noted that the confession had been made without any "moral or physical pressure" and that he had no complaints about police officers.
10. On 23 and 30 May 2002 the investigator questioned the applicant in the presence of his two lawyers. The applicant maintained the confession and described in detail how he had committed the murder. He again confirmed the confession while being questioned during a video-recorded inspection of the crime scene where he was also assisted by his lawyers.
11. At a questioning on 2 August 2002 the applicant retracted his previous statements and submitted that his confession of 22 May 2002 had been extracted from him by force and that he had not murdered M.
12. On 24 September 2002 the applicant requested the prosecutor's office to institute criminal proceedings against Officer "Marat" who had allegedly beaten him up on 21 May 2002.
2. Statement by witness A.
13. The applicant submitted a written statement by witness A. dated 26 July 2003 which, in its relevant parts, reads as follows:
"...I was detained on 21 May 2002... at the [applicant's] flat... together with [the applicant].... We have been together since 11 a.m. on 20 March 2002... The fact that we had spent that time together can be confirmed by Z., D., A. and K.... All those persons who could have confirmed [the applicant's] alibi... had been known to the investigation but were never questioned.... Since we were sleeping in the same flat, I saw [the applicant's] underwear; there had been no traces of blood on it. Thus, the blood [stains] found on the applicant later could have appeared on his clothes only after we had been separated at the police station. [The applicant] was clam and reacted adequately. I am convinced in his innocence..."
B. Investigation into the alleged ill-treatment
14. On 2 August 2002 an investigator with the Babushkinskiy district prosecutor's office of Moscow launched an inquiry into the applicant's allegations of ill-treatment which he had submitted on the same day (see paragraph 11 above). According to the records of interview submitted by the Government, the investigator questioned Officer Mur. on 19 August 2002, Officer S. on 3 September 2002 and Officers L. and Mus. on 20 September 2002. The investigator also ordered a forensic expert examination of the applicant's injuries. The examination was carried out on 18 September 2002.
15. By a decision of 20 September 2002, the investigator refused to institute criminal proceedings against them for lack of evidence of a criminal offence. The decision was based on the applicant's forensic medical examination and the statements of Officers Mus., Mur., L. and S. According to the expert's report, the bruises to the applicant's chest and ear had been caused by a blunt object two to three days before his arrest on 21 May 2002 and the incised wound on his left hand could have been caused on 19 May 2002, the date when he had allegedly committed the murder. Officers Mus., Mur., L. and S. submitted that the applicant had confessed voluntarily and that they had never forced or threatened him. The applicant was given a copy of the decision in the presence of his lawyers on 11 October 2002.
16. By a decision of 3 October 2002, the investigator refused to institute criminal proceedings against Officer "Marat", because no such person had ever served at the Severnoye Medvedkovo police station.
17. On 24 September and 9 October 2002 the applicant lodged further complaints with the Moscow City Prosecutor about the alleged beatings.
18. On 11 October 2002 the applicant complained to the Babushkinskiy District Court of Moscow about the prosecutor's refusal to establish the persons who could have
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