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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Барабанщиков (Barabanshchikov) против России» [англ.]





was responsible for general supervision of the investigation (Articles 210 and 211). He could order a specific investigative action, transfer the case from one investigator to another or order an additional investigation. If there were no grounds to initiate a criminal investigation, the prosecutor or investigator issued a reasoned decision to that effect, which had to be notified to the interested party.

THE LAW

I. Alleged violation of Article 3 of the Convention

29. The applicant complained that after his arrest he had been subjected to treatment incompatible with Article 3 of the Convention and that the authorities had not carried out an effective investigation of that incident. The Court will examine this complaint from the standpoint of the State's negative and positive obligations flowing from Article 3, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. Submissions by the parties

30. The Government argued that the complaint was manifestly ill-founded. The police officers had not subjected the applicant to inhuman or degrading treatment. The Government put forward several explanations as to the cause of at least some of the applicant's injuries. In particular, they argued that the applicant could have sustained certain injuries when he had been attacked near the Oktyabrskiy District police station by Ms D. and Mr Me., persons from whom the applicant had bought sugar using the counterfeit note. The Government produced copies of handwritten statements made on 19 October 2005 by the police officers, Mr A. and Mr Za. Mr Za. stated that he had arrested the applicant, whose name he did not remember, and had brought him to the police station. Near the police station they had been approached by Ms D. who "had attempted to argue with the arrested person, had attacked him". Mr Za. noted that the police officers had "pulled her away from the arrestee." Mr A. wrote that "the victims had tried to beat [the applicant] up, but they had been pushed aside".
31. Relying on the assistant prosecutor's report of 7 December 2001 and the handwritten statement by the police officer, Mr Za., made on 19 October 2005, the Government further argued that the applicant had faked fainting and had fallen in the duty unit of the Oktyabrskiy District police station, hitting his head on the concrete floor.
32. Furthermore, the Government noted that a slash wound on the applicant's left forearm and a bruise on the left side of the body had been self-inflicted. Without providing any details, the Government submitted that the applicant had injured himself on 8 August 2001 in the Oktyabrskiy District police station. According to the Government, the applicant had made an entry to that effect in the registration log of the detention facility (see paragraph 12 above).
33. Finally, the Government submitted that on 30 November 2001 an additional forensic medical examination of the applicant had commenced. That examination had resulted in report No. 7320 issued on 7 December 2001. According to that report, the applicant could have sustained the kidney injury between 9 and 12 August 2001 because the expert who had performed the initial examination of the applicant on 9 August 2001 had not recorded bruises on the applicant's chest and back and the applicant had not complained about the pain in the kidney to that expert.
34. The Government also stressed that the applicant's allegations of ill-treatment had been thoroughly examined by the prosecution authorities and domestic courts. Following questioning of the police officers, the applicant's allegations were found to be unsubstantiated.
35. The applicant disputed every assertion made by the Government as to the cause of his injuries. In particular, he arg



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