circumstances, a forensic medical examination was performed with a view to determining the severity of the injuries sustained by [the applicant] and establishing a causal link between the sustained injuries and [the applicant's] stay in the Lipetsk Regional Hospital where he had been diagnosed with "a kidney injury".
As follows from report No. 7320 of the forensic medical examination issued on 7 December 2001, [the applicant's] stay in the hospital for the treatment of an injury to the right kidney was not connected to [his] injury sustained on 7 August 2001, as the initial examination had not established bruises on the chest and back, although they had been recorded on admission to the Lipetsk Regional Hospital. Thus, it can be concluded that those injuries could have been sustained by [the applicant] after his examination by the medical expert on 9 August 2001.
Taking into account the above-mentioned, it should be concluded that during the inquiry [the investigator] did not obtain any objective data showing that the actions of the police officers contained elements of a criminal offence, and thus there are no grounds for quashing the decision of 19 October 2001 by which an institution of criminal proceedings was refused."
22. The applicant learned about the decision of 7 December 2001 at the trial.
C. Criminal proceedings against the
applicant and examination of the ill-treatment
complaint by the criminal courts
23. The applicant was additionally charged with theft and forgery of documents. On 7 December 2001 the authorised period of his detention expired. Five days later he was committed to stand trial before the Oktyabrskiy District Court of Lipetsk. The applicant lodged a complaint with the District Court, alleging that he had been ill-treated by the police officers after his arrest.
24. At the trial the applicant repeated his statements given on 7 August 2001, save for the fact that prior to his arrest he had known that the hundred-dollar notes were counterfeit.
25. On 10 January 2002 the Oktyabrskiy District Court found the applicant guilty of theft of documents and use of counterfeit currency, acquitted him of the remaining charges and sentenced him to five years and six months' imprisonment. The District Court based its judgment, in particular, on the applicant's testimony, statements by witnesses, a record of the search on the applicant's person and seizure of the hundred-dollar notes, and an expert opinion indicating that the notes were counterfeit. Having examined the expert report of 13 August 2001, the hospital report of 12 August 2001, extracts from the detention facility's registration logs pertaining to the applicant's admission on 8 August 2001 and the prosecutor's decisions of 19 October and 7 December 2001, the District Court dismissed the applicant's ill-treatment complaint as unsubstantiated.
26. The applicant's lawyer lodged an appeal statement, complaining, in particular, that the applicant had been beaten up by the police officers after the arrest.
27. On 7 February 2002 the Lipetsk Regional Court upheld the judgment. The Regional Court found that the District Court had lawfully concluded that the fact of the ill-treatment had not been proven. Several police officers testified that the applicant had fallen in the police station and had hit his head.
II. Relevant domestic law
Investigation of criminal offences
28. The RSFSR Code of Criminal Procedure (in force until 1 July 2002, "the CCrP") established that a criminal investigation could be initiated by an investigator upon the complaint of an individual or on the investigative authorities' own initiative when there were reasons to believe that a crime had been committed (Articles 108 and 125). A prosecutor
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