Постановление Европейского суда по правам человека от 15.01.2009 «Дело Шаромов (Sharomov) против России» [англ.]

10 September 2001. Thus, the Court will confine its analysis to the alleged use of force on 21 September 2001.
29. The Court does not have to rule on the Government's arguments relating to the alleged non-compliance with the six-month rule and the exhaustion requirement, since the applicant's complaint is in any event inadmissible for the following reason. The Court notes, and it is uncontested by the parties, that the officers had recourse to an immobilisation technique in respect of the applicant. At the same time, it was not established beyond reasonable doubt that the applicant had been beaten up or that rubber truncheons or other special means or weapons had been used against him (see, by contrast, Dedovskiy and Others v. Russia, No. 7178/03, §§ 76 - 79, 15 May 2008). Neither is there any medical evidence for the applicant's argument that he sustained injuries or that the use of force against him exceeded the minimum level of severity required in order to raise an issue under Article 3 of the Convention and that it was disproportionate. The report on the use of force referred only to verbal insults and threats. Two out of three officers made statements justifying their use of force only with reference to those circumstances. One officer also mentioned that the applicant accompanied his utterances by swinging his hands and calling for a riot. It also appears that the squad's presence on the premises of the colony had been duly authorised and that the officers had been advised of the applicable rules on the use of force. During the search the applicant was warned that his unruly behaviour and resistance would give rise to the use of force against him. However, he failed to obey the lawful orders. In his decision of 21 January 2002 refusing institution of criminal proceedings against the officers the assistance prosecutor confirmed the above facts and also indicated that the applicant had assaulted the officers both verbally and physically (see paragraph 16 above).
30. In view of the above considerations, the Court finds that the use of force against the applicant was the result of legitimate actions taken by the officers and did not reach the threshold of an inhuman or degrading treatment. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

II. Alleged violation of Article 6 of the Convention

31. The applicant complained under Article 6 §§ 1 and 3 (b) and (c), Articles 13 and 14 of the Convention that the supervisory review proceedings had been unfair, that he had not been brought to the hearings on 2 July 2001 and 2 December 2002, that he had not been able to submit his arguments and that he had not had sufficient time to prepare his defence. He also complained about the outcome of those proceedings. The Court will examine these complaints under Article 6 of the Convention which, in the relevant parts, reads as follows:
"1. In the determination of ...any criminal charge against him, everyone is entitled to a fair... hearing... [a]... tribunal...
3. Everyone charged with a criminal offence has the following minimum rights:
...
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require..."
32. The Government submitted that the applicant could not raise a complaint in respect of a hearing on 2 December 2002 when he had first applied to the Court on 10 September 2001. The Government conceded that the applicant and his counsel had not been notified of and had not attended the above hearings. Until 1 January 2003 the procedure for supervisory review was prescribed by the 1960 Code of C

> 1 2 ... 3 4 5 6 7 ... 8 9

0.1452 с