CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 15 mai 2008

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margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .sAB173E38 { margin-top:12pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sFF4E7F0D { width:16.26pt; display:inline-block } .sC2D09584 { width:168.3pt; display:inline-block } .s576DFC5F { width:15.93pt; display:inline-block } .sAA5C5B93 { width:187.63pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sC36A6361 { font-family:Arial; color:#000000 }     FIRST SECTION     CASE OF DEDOVSKIY AND OTHERS v. RUSSIA     (Application no. 7178/03)       JUDGMENT       STRASBOURG     15 May 2008       FINAL     15/08/2008     This judgment may be subject to editorial revision. In the case of Dedovskiy and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Nina Vajić,   Anatoly Kovler,   Elisabeth Steiner,   Khanlar Hajiyev,   Dean Spielmann,   George Nicolaou, judges, and André Wampach, Deputy Section Registrar , Having deliberated in private on 24 April 2008, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 7178/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by seven Russian nationals named in paragraph 6 below (“the applicants”) on 27   January 2003. 2.     The applicants, who had been granted legal aid, were represented before the Court by Mr   Z.   Zhulanov, a lawyer with the Perm Regional Human Rights Centre. The Russian Government (“the Government”) were represented by Mr   P. Laptev, Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicants complained of the ill-treatment inflicted on them and the lack of effective remedies in the domestic legal system. 4.     By a decision of 12 October 2006, the Court declared the application admissible. 5.     The Government, but not the applicants, filed observations on the merits of the case (Rule 59 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6 .     The applicants are: Mr Mikhail Vladimirovich Dedovskiy born in 1969, Mr Alexandr Mikhaylovich Matrosov born in 1968, Mr Viktor Viktorovich Vidin born in 1978, Mr Stanislav Lvovich Bukhman born in 1974, Mr Igor Anatolyevich Kolpakov born in 1975, Mr Dmitriy Vladimirovich Gorokhov born in 1980, and Mr Aleksey Shamilyevich Pazleev born in 1974. A.     Background to the application 7.     At the material time all the applicants were serving a prison sentence in correctional colony no. AM-244/9-11 in the village of Chepets of the Cherdynskiy district of the Perm Region (also known as facility no. IK-11, hereinafter “the colony”). 8.     In April 2001 a group of eight officers of a special-purpose unit, Varyag , of the Directorate of Correctional Facilities AM-244 (now renumbered as VK-240, отдел специального назначения «Варяг» Управления лесных исправительных учреждений АМ-244/ВК-240 ), under the command of Mr   B., arrived at the colony for the purpose of “rendering practical assistance in maintaining the detention regime”. 9.     Upon their arrival Mr B. and Mr P., the deputy colony director for security and operational activities, devised a plan which included the following measures: searches of the living premises, including the premises of the strict-security department ( отряд со строгими условиями содержания ), the punishment ward ( штрафной изолятор ) and cell-like premises ( помещения камерного типа ); body searches of detainees, including on their return from work; and supervision of the detainees’ compliance with the regime regulations. The officers of the unit wore balaclava masks and carried rubber truncheons during the implementation of the plan. 10.     The applicants alleged that the unit officers had beaten detainees with truncheons and kicked and punched them. Specific allegations concerning each applicant are outlined in chronological order below. B.     Events of 17 April 2001 1.   The first applicant, Mr Dedovskiy 11.     On coming back from work to the colony living premises Mr   Dedovskiy learnt from other detainees that the unit officers were performing a search. The officers wore camouflage and balaclava masks. During the search they hit Mr Dedovskiy on his back four or five times with a truncheon without any apparent reason and verbally assaulted him. On leaving the search premises he received more truncheon blows. 12.     Later in the day, when going to dinner, Mr Dedovskiy, among other detainees, was told to squat down and waddle “duck-style” to the canteen. 2.   The second applicant, Mr Matrosov 13.     On coming back from work to the colony Mr Matrosov was told to submit to a strip-search. Mr P., the deputy colony director, divided all the detainees into groups of five and told them to run into the search room. Inside the room Mr Matrosov was ordered to look at the floor and comply with all instructions. Any delay in fulfilling an order was met with punches to the stomach and head. Once the strip-search was completed, Mr   Matrosov was thrown half-naked out into the courtyard. 3.     The third applicant, Mr Vidin 14.     On coming back from work to the colony, the unit officers hit Mr   Vidin on his head, neck and spine with a truncheon during their search. As a result, he could not work for an extended period of time owing to pain in his head and spine. He attempted to seek medical assistance but the medical department was closed. 15.     Later in the day, when going to dinner, Mr Vidin, among others, was told to squat down and waddle to the canteen. On entering the canteen and while eating the unit officers hit him in the small of his back. 4.     The fourth applicant, Mr Bukhman 16.     At the roll-call Mr Bukhman was beaten for having answered a unit officer’s question too softly. 5.     The sixth applicant, Mr Gorokhov 17.     Mr Gorokhov was held in cell no. 1 of the strict-security department. At about 11 p.m. the unit officers arrived at the department and told the detainees to go out into the corridor and to remain spread-eagled against the wall. While they were standing there, the officers punched them; Mr   Gorokhov received several blows to his liver and spine. C.     Events of 18 April 2001 1.   The first applicant, Mr Dedovskiy 18.     The unit officers hit Mr Dedovskiy, among other detainees, during the wake-up and on their way to the canteen and back. He was also hit while eating. The officers allegedly hit him with a truncheon, holding it by the light end in order to increase the pain. 2.     The second applicant, Mr Matrosov 19.     At their work-place detainees, including Mr Matrosov, were told to form a line. The unit officers and Mr F., the security head, verbally assaulted them. 3.   The fourth applicant, Mr Bukhman 20.     The unit officers allegedly told Mr Bukhman, when going to dinner, to carry another detainee on his back. Then they told all the detainees to go to the canteen in couples holding hands. Mr Bukhman was beaten for refusing to comply with these demands. After that a unit officer jumped on his back and told him to carry him to the canteen. Mr Bukhman’s refusal provoked a new round of beatings. 4.   The fifth applicant, Mr Kolpakov 21.     On that day Mr Kolpakov, among other detainees, arrived at the colony to serve his sentence. The unit officers verbally and physically assaulted them on their way from the car to the punishment ward, where the newly arrived detainees were held. Mr F. and Mr   T. of the colony administration were present. Later, Mr   Kolpakov was taken out of the cell and beaten in the corridor with truncheons. Mr T. was again present. 5.   The sixth applicant, Mr Gorokhov 22.     The unit officers, accompanied by Mr F., came to the strict-security department where Mr   Gorokhov was being held. The officers shouted at detainees as they were running out of the cells and punched them. Mr   Gorokhov was hit and fell to the floor. Thereafter Mr Gorokhov and his cellmates were told to stand up, strip naked and lean spread-eagled against the wall. The officers punched and kicked them and also hit them with truncheons. Mr Gorokhov collapsed several times, but when he rose to his feet the beating resumed. The officers did not make any demands or claims of the detainees. As a consequence of that treatment, Mr Gorokhov had many bruises and abrasions, a headache and sharp pain in his liver. 6.     The seventh applicant, Mr Pazleev (“count 5”) [1] 23.     Mr Pazleev was held in cell no. 1 of the strict-security department (the same cell as the sixth applicant, Mr Gorokhov). At about 3.30 p.m. on that day the unit officers opened the door of their cell and put a bench in front of it. The detainees were rudely told to jump over the bench into the corridor. Mr Pazleev stumbled over the bench and fell. The officers started to punch and kick him and to hit him with truncheons. In the corridor all the detainees were stripped naked and placed spread-eagled against the wall. Then the officers beat them. When Mr Pazleev fell, he was made to stand up again and the beating continued. The beatings lasted for approximately twenty minutes. 24.     Once the unit officers had left, a doctor and a nurse entered the cell and asked whether there were any “bedridden patients” (that is, who could no longer walk by themselves). Mr Pazleev complained about sharp pains, but received no assistance. 25 .     The report on the use of a rubber truncheon of 18 April 2001 indicated that “during a search... at 3.30 p.m. the convict Pazleev refused to go out of the living premises into the common corridor, stating that he would be present during the search, although it was the convict Terekhov who had been assigned to be present during the search. Pazleev was warned that in case of further disobedience, a truncheon would be used on him, but he continued to disobey”. The report was signed by two colony officials and Mr B. D.     Events of 19 April 2001 1.     The first applicant, Mr Dedovskiy (“count 7”) 26.     On coming back from work at about 7 p.m. Mr Dedovskiy, among other detainees, was subjected to a strip-search. During the search the officers punched him and hit him with truncheons. 27 .     The report on the use of a rubber truncheon of 19 April 2001 indicated that “on returning from the work facility Angara, the convict Dedovskiy repeatedly disobeyed the lawful request of the colony administration... because he flatly refused to spread his arms and legs wide apart for a body search. He did not react to the repeated requests. Thereafter, a rubber truncheon... was used on him”. The report was signed by two colony officials and Mr B. 2.     The second applicant, Mr Matrosov 28.     Mr Matrosov, among other detainees, was beaten during the strip-search upon their return from work. 29.     On coming to the canteen, detainees, including Mr Matrosov, were ordered to form two lines and run into the canteen one at a time. The unit officers stood at the doors and hit detainees with truncheons. While eating, the detainees were told not to raise their eyes and Mr Matrosov, among others, received a truncheon blow to his neck. On leaving the canteen he received more blows to his back. 3.     The fourth applicant, Mr Bukhman 30.     At the roll-call Mr Bukhman was told to step out of the line and say “ah”. He was beaten for saying it too softly. As a result of the beatings, Mr   Bukhman had broken ribs. He applied to the medical department, where a doctor treated the area around the broken ribs with iodine. 4.   The fifth applicant, Mr Kolpakov 31.     The unit officers took Mr Kolpakov, among other detainees, out of the cell and into the corridor, where he was spread-eagled against the wall and beaten. 5.   The seventh applicant, Mr Pazleev 32.     Mr Pazleev, among other detainees, was taken out of the cell into the corridor, where the unit officers punched and kicked them and also hit them with truncheons. Mr F. and Mr P., were also present, in an inebriated state. E.     Events of 20 April 2001 1.     The fifth applicant, Mr Kolpakov (“count 9”) 33.     At about 7.15 a.m. the unit officers, together with Mr F. and Mr T., arrived at the strict-security department where Mr Kolpakov had been transferred from the punishment ward on the previous night. All the detainees, including the fifth applicant, were told to run out of the cells into the corridor. The unit officers punched and kicked Mr Kolpakov and beat him with truncheons. He collapsed several times and finally fainted after a particularly strong blow to his head. 34.     Mr Kolpakov alleges that he had brain concussion. In December 2001 he was diagnosed with traumatic psychopathy in prison hospital UT-389/9 MOB, which he believes to be a consequence of the beating on 20   April 2001. 35 .     The report on the use of a rubber truncheon of 20 April 2001 indicated that “the rubber truncheon was used because at the rouse at 7.15   a.m. the convict Kolpakov, along with other convicts, did not fulfil the get-up command. He flatly refused to proceed to the administrative premises to give a written explanation, and refused to give his name or to explain the reasons for his conduct”. The report was signed by two colony officials and Mr B. 2.     The sixth applicant, Mr Gorokhov (“count 9”) 36.     The unit officers, this time accompanied by Mr T., came to the strict-security department, where Mr   Gorokhov was being held. Mr Gorokhov and his cellmates were taken out into the corridor where the officers punched and kicked them and also hit them with truncheons. Thereafter he was allegedly refused medical assistance in the medical department of the colony. 37 .     The report on the use of a rubber truncheon of 20 April 2001 indicated that “the rubber truncheon was used because at the rouse... the convict Gorokhov did not get up. When ordered to get up and dress, he reacted reluctantly and failed to dress in accordance with the established form of dress. When told to change his clothes and assume the normal look, he did not react, but behaved rudely and tactlessly towards the officers”. The report was signed by two colony officials and Mr B. 3.     The seventh applicant, Mr Pazleev 38.     Mr Pazleev, among other detainees, was taken out of the cell into the corridor, where the unit officers punched and kicked them and also hit them with truncheons. Mr F. and Mr P. were also present, in an inebriated state. F.     Investigation into the applicants’ complaints 39.     On 9 June 2001 the Perm Regional Human Rights Centre handed 160 complaints of ill-treatment written by the colony detainees to the Perm Regional Ombudsman ( Уполномоченный по правам человека в Пермской области , hereinafter “the Ombudsman”). The Ombudsman provided the Perm Regional prosecutor with copies of the complaints and requested factual information from the colony administration. On the same day the Usolsk town prosecutor in charge of supervision of compliance with laws in penitentiary institutions opened a criminal investigation into an offence under Article 286 § 3 of the Criminal Code (excess of power involving the use of weapons or special means). 40.     On 20 June 2001 the Ombudsman decided to form a public commission for the investigation of the causes and circumstances of the events in colony AM 244/9-11. The commission included the Ombudsman, the director of the Perm Regional Human Rights Centre and a representative of the Perm Regional Government. 41.     On 25 June 2001 the Ombudsman visited the colony and talked to the detainees who had lodged the complaints. The majority of them confirmed their statements. 42.     On 6 July 2001 the director of facility no.   AM-244 replied to the Ombudsman’s request for information as follows: “The measures... with the involvement of the special-purpose unit officers... were carried out from 17 to 19 April [2001] on the basis of Article 82 of the Code on Execution of Punishments and they were not extraordinary... RP-73 [rubber truncheons] were used on detainees who refused to comply... The mass lodging of complaints about allegedly unlawful actions of the unit officers has been arranged by a criminal leader...” 43.     On 16 August 2001 the director and other employees of the Perm Regional Human Rights Centre visited the colony. They were allowed to take photos and talked to five detainees in private. The findings were reported to the Ombudsman in the following manner: “Conclusion: there is no reason not to trust the allegations of the detainees. For three days detainees were severely beaten while returning from work, in the canteen... in the punishment ward, in the cell-like premises... detainees were made to squat and waddle and then jump up again... they were stripped naked before the search... It is conceivable that the special-purpose unit was called upon to intimidate [detainees] in the wake of a conflict between the colony administration and the criminal leader. However, no matter how subversive the ringleader’s influence on other detainees might have been, this cannot in any way justify the unit’s actions ... especially taking into account that a majority of detainees in the colony are... unconnected to organised crime. It appears that the detainees were, as usual, ‘collateral damage’ of an extremely complicated and entangled relationship between the management of the correctional institution and criminal leaders.” 44.     On 29 August 2001 the Ombudsman paid another visit to the colony and talked to twenty-four detainees. Of those, twenty-one detainees confirmed their initial allegations and indicated that they had given the same statements to investigators from the prosecutor’s office. The Ombudsman found a number of violations of the colony regime, such as belated provision of medical assistance in the punishment ward and cell-like premises, lack of water and lack of remedies against disciplinary sanctions imposed by the colony administration. 45 .     In late August and early September 2001 Mr Shcherbanenko, the head of the department for supervision of compliance with laws in penitentiary institutions, which is a department of the Prosecutor General’s Office, arrived in Perm for a special inquiry. The Government refused to produce a copy of his report requested by the Court (see paragraphs 103 and 105 below). According to the applicants, he found that (i) the unit officers had used rubber truncheons unlawfully; (ii) when performing their duties, the unit officers should not have worn balaclava masks; (iii) the quality of the pre-trial investigation had been unsatisfactory; and (iv) a few detainees had been unlawfully placed in the punishment ward. The Usolsk town prosecutor was disciplined and the materials of the investigation were transferred to the Perm Regional prosecutor. 46.     On 4 September 2001 Mr B., the head of the special-purpose unit, was charged with an offence under Article 286 § 3 of the Criminal Code. On 11   September 2001 he was additionally charged under Article 293 § 1 of the Criminal Code (undue performance of professional duties entailing a substantial impairment of citizens’ rights and interests). 47 .     On 21 September 2001 a prosecutor discontinued criminal proceedings against Mr B.’s subordinates, officers of the special-purpose unit, finding as follows: “In the period from 17 to 20 April [2001] the employees of the special-purpose unit AM-244 stayed at the colony, executing the deputy head’s request to carry out the planned preventive and regime measures on detainees of the colony IK-11. When carrying out these measures, officers of the unit used rubber truncheons on the detainees. The investigation has taken all measures to determine the part of each unit officer in the events; however, the victims and witnesses were not able to identify the unit officers who had beaten them because they had worn identical camouflage and balaclava masks. Thus, the investigation has not obtained any objective information which would permit charges to be brought against any unit officers.” 48 .     On 25 September 2001 the same prosecutor discontinued the criminal proceedings in respect of the complaints lodged by the second, third and fourth applicants and 143 other detainees, finding that “the investigation had not obtained any objective information confirming these detainees’ allegations of the use of rubber truncheons by the special-purpose unit”. 49 .     On 4 October 2001 the same prosecutor discontinued criminal proceedings against Mr B. on the charge of excess of power. The prosecutor noted that Mr B. had not used a rubber truncheon himself and had not given orders to use one. The remaining charge of professional misconduct was referred for trial. 50.     On 25 October 2001 the public commission was disbanded because the case had gone to trial. G.     Judicial proceedings against Mr B. 51.     From 4 to 8 February 2002 the Cherdynskiy District Court of the Perm Region held public hearings in the criminal case against Mr B., accused of professional misconduct under Article 293 § 1 of the Criminal Code. In total, forty detainees were granted victim status in the criminal proceedings; of these, nineteen persons took part in the hearings and written depositions by the others were read out before the court. The court took witness statements from five other detainees who had not been victims themselves. 52.     The trial concerned ten counts. [2] In counts 1 to 4 twelve detainees were beaten during searches on 17 and 18 April 2001. In count 5 twelve detainees, including the seventh applicant, were hit with rubber truncheons. Two detainees were hit with truncheons at the roll-call on 19   April 2001 (count 6). On the same day Mr   B.’s subordinates beat three detainees, including the first applicant, who were returning from work (count 7) and two other detainees during a search in the punishment ward (count 8). In count 9 the fifth and sixth applicants, as well as six other detainees, were beaten with truncheons during the wake-up. Finally, another detainee received a truncheon blow on 20 April 2001 (count 10). 53.     Before the court the applicants maintained their claims. The court decided, however, that their allegations were contradicted by the reports on the use of rubber truncheons (cited above) and witness statements by representatives of the colony administration. 54.     The employees of the colony, including Mr F., Mr P. and Mr T., as well as Mr B.’s subordinates, denied any unjustified use of rubber truncheons on detainees. The colony doctor confirmed that a few detainees had applied for medical assistance after they had been hit with truncheons; however, no one had had broken ribs or been in a serious condition. Nor had medical assistance been refused to anyone. The five detainees heard by the court corroborated the statements by the other victims. 55.     On 22 February 2002 the trial court delivered judgment. It acquitted Mr   B. of the charges, finding as follows: “Under Article 86 of the Code on Execution of Punishments and the Penitentiary Institutions Act, employees of penitentiary institutions may use special means, including rubber truncheons, in cases of persistent disobedience to the lawful demands of the colony staff... The court has established that... all demands... were lawful. In all cases the use of [rubber truncheons] was justified because they were used after... a warning of the intention to use a [truncheon] and because they were used when the victims refused to execute lawful demands of the staff, that is, disobedience to the colony staff... Each use of the [truncheon] was reported to B. if he was absent during its application... There are therefore no grounds to consider that [B.] did not exercise appropriate control over the lawfulness of the actions of his subordinates and in that way unduly performed his duties. Nor did the court establish violations of rights and lawful interests of citizens who are the victims in the present case... [T]he court considers that damage to their health was caused on lawful grounds... [T]he court also takes into account that criminal proceedings against the unit officers were discontinued for lack of evidence of a criminal offence... That decision has not been quashed. It does not, in itself, confirm the lawfulness of the unit officers’ actions... but it prevents [the court] from establishing the facts of unlawful actions.” 56.     The prosecution and sixteen victims appealed against the acquittal. The prosecution submitted, in particular, that the trial court had based its judgments on the statements by the defendant, his subordinates and the colony administration and disregarded submissions by the detainees. It pointed out factual discrepancies: thus, according to the statements by B.’s subordinates, they had used truncheons twelve times, but B. had signed sixty-three reports on the use of special means. Moreover, it noted that the infliction of physical pain and bodily injuries had clearly violated the victims’ right and lawful interests and that the trial court had failed to identify lawful grounds for the use of physical force and special means. 57.     On 17 December 2002 the Perm Regional Court examined the points of appeal and upheld the judgment of 22 February 2002. It noted that Mr   B. had played a “merely nominal” part in the events and that he had not been able, or obliged, to control the conduct of each unit officer in his absence. He had not given orders to use truncheons and he had not used them himself. The appellate court held that in these circumstances the acquittal on the charge of undue performance of professional duties had been lawful and justified. It further noted that the investigative bodies had discontinued the proceedings against Mr B. on the charge of excess of power and against his subordinates for the lack of evidence of a criminal offence and it was not therefore required to rule on those issues. H.     Medical records submitted by the Government 58.     Further to the Court’s request, the Government submitted handwritten and typed copies of the applicants’ medical records. 59.     The medical records of the applicants Mr Dedovskiy, Mr Matrosov, Mr Gorokhov, Mr Bukhman and Mr Pazleev do not contain any entries relating to the time of the events described above. The entry of 25 June 2002 in Mr Pazleev’s medical record indicates that he was beaten by unidentified persons and underwent in-patient treatment in July 2001 for affected kidneys. 60.     The medical record of the applicant Mr Vidin indicates that on 3   October 2001 he was referred to the prison hospital for treatment for inguinal hernia. In August 2002 he applied to the medical department in connection with recrudescence of otitis media, first diagnosed in 2001. 61.     According to his medical record, on 5 December 2001 Mr Kolpakov asked to be examined by a psychiatrist, complaining of headache. There are no other entries for 2001. In 2002, 2003 and 2004 Mr Kolpakov received treatment for craniocerebral injury of an unspecified origin. According to the Government, that injury was the result of head traumas in 1982, 1990 and 1993. II.     RELEVANT DOMESTIC LAW A.     Code on Execution of Punishments (no.   1-FZ of 8 January 1997) 62.     Detainees and the premises where they live may be searched (Article 82 §§ 5 and 6). 63.     Physical force, special means or weapons may be used against detainees if they offer resistance to the officers, persistently disobey lawful demands of the officers, engage in riotous conduct, take part in mass disorders, take hostages, attack individuals or commit other publicly dangerous acts, escape from the penitentiary institution or attempt to harm themselves or others (Article 86 § 1). The procedure for application of these security measures is determined in the Russian legislation (Article 86 § 2). B.     Penitentiary Institutions Act (no. 5473-I of 21 July 1993) 64.     When using physical force, special means or weapons, the penitentiary officers must: (1)     state their intention to use them and afford the detainee(s) sufficient time to comply with their demands unless a delay would imperil life or limb of the officers or detainees; (2)     ensure the least possible harm to detainees and provide medical assistance; (3)     report every incident involving the use of physical force, special means or weapons to their immediate superiors (section 28). 65 .     Rubber truncheons may be used for (1)     putting an end to assaults on officers, detainees or civilians; (2)     repressing mass disorders or group violations of public order by detainees, as well as for apprehension ( задержание ) of offenders who persistently disobey or resist the officers (section 30). C.     Code of Criminal Procedure (in force after 1 July 2002) 66 .     If criminal proceedings are discontinued at the stage of the investigation, a victim or a civil party may lodge a separate civil claim unless the proceedings were discontinued on the ground that (a) the alleged offence had not been committed ( otsutstvie sobytiya prestupleniya ) or (b) the suspect had not been involved in its commission (Article 213 § 4 and Articles 24 § 1 (1) and 27 § 1 (1)). 67 .     If the defendant is acquitted by the trial court on the ground that (a) the alleged offence was not committed or (b) the defendant was not involved in its commission, the trial court will dismiss the civil claim. If the defendant is acquitted on the ground that one or more constituent elements of a criminal offence are missing (Article 24 § 1 (2)), the trial court will disallow the civil claim but it may be lodged again in separate civil proceedings (Article 306 § 2). THE LAW I.     ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 68.     The applicants complained, in respect of each incident described above, that they had been subjected to treatment incompatible with Article 3 of the Convention and that the authorities had not carried out an effective investigation into those events, which amounted to a breach of Article 13 of the Convention. 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.” 69.     The applicants submitted that the allegations of ill-treatment rested on a solid evidentiary basis which included their original complaints to the authorities in May 2001, the reports on the use of rubber truncheons and materials of the criminal investigation. It was undeniable that the treatment complained about had been in breach of Article 3 of the Convention. However, they had not had an effective remedy for their grievances. All of them had complained to the authorities, but the investigation had been neither comprehensive nor adequate because it had not led to the identification and punishment of those responsible. Many detainees had been pressured into withdrawing their complaints or giving false testimony; the third and fourth applicants had been unlawfully refused recognition of their victim status in the domestic proceedings. 70.     The Government acknowledged that between 17 and 20 April 2001 a special-purpose unit composed of seven officers and headed by Mr   B. had used rubber truncheons on detainees of colony no. IK-11. However, the detainees had not been able to identify any officers because the entire group had been dressed in identical camouflage uniform and had worn balaclava helmets. On that ground the criminal proceedings against the officers had been discontinued. Subsequently the District Court had acquitted Mr B. of professional negligence because the rubber truncheons had been used only against detainees who had not complied with lawful orders. 1.     Alleged ill-treatment of the applicants (a)     General principles 71.     Article   3, as the Court has observed on many occasions, enshrines one of the fundamental values of democratic society. Even in the most difficult of circumstances, such as the fight against terrorism or crime, the Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the victim’s behaviour (see Balogh v.   Hungary , no.   47940/99, §   44, 20 July 2004, and Labita v.   Italy [GC], no.   26772/95, § 119, ECHR 2000-IV). 72.     The Court has consistently stressed that the suffering and humiliation involved must in any event go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment. Measures depriving a person of his liberty may often involve such an element. In accordance with Article 3 of the Convention the State must ensure that a person is detained under conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship exceeding the unavoidable level of suffering inherent in detention (see Kudła v. Poland [GC], no. 30210/96, §§ 92-94, ECHR 2000-XI). 73.     In the context of detainees, the Court has emphasised that persons in custody are in a vulnerable position and that the authorities are under a duty to protect their physical well-being (see Tarariyeva v. Russia , no.   4353/03, §   73, ECHR 2006 ‑ ... (extracts); Sarban v. Moldova , no.   3456/05, §   77, 4   October 2005; and Mouisel v. France , no.   67263/01, §   40, ECHR 2002 ‑ IX). In respect of a person deprived of his liberty, any recourse to physical force which has not been made strictly necessary by his own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention ( see Sheyd ayev v. Russia , no.   65859/01, §   59, 7 December 2006, and Ribitsch v.   Austria , judgment of 4 December 1995, Series   A no.   336, § 38). (b)     Application of the above principles in the present case i.     Establishment of the facts 74.     The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. In assessing evidence, the Court has generally applied the standard of proof “beyond reasonable doubt”. However, such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII). 75.     It was not in dispute between the parties that from 17 to 20 April 2001 eight officers of the special-purpose unit Varyag under the command of Mr   B. had carried out certain operations in the correctional colony where the applicants had been held. Those operations had included, in particular, searches of all premises within the colony and body searches of the detainees. All the officers, except the commander Mr B., had worn balaclava helmets and identical camouflage uniforms without insignia and carried rubber truncheons (RP-73 in the official classification). 76.     It was likewise uncontested that the officers of the special-purpose unit had used rubber truncheons against the detainees. In total, more than sixty reports on the use of rubber truncheons had been compiled by the officers. Of those, four reports concerned the use of truncheons against the applicants Mr Dedovskiy, Mr Kolpakov, Mr Gorokhov and Mr Pazleev (see paragraphs 25, 27, 35 and 37 above). It has therefore been established “beyond reasonable doubt” that these applicants were hit, at least once, with rubber truncheons by the officers of the special-purpose unit. 77.   Reports on the use of truncheons against the applicants Mr   Matrosov, Mr Vidin and Mr Bukhman are not available to the Court. The criminal proceedings in respect of their complaints of ill-treatment were discontinued on the ground that their allegations of having been beaten with rubber truncheons had not been “objectively” proven (see paragraph 48 above). However, the absence of reports cannot play a decisive role for establishing the facts for the purposes of the Convention proceedings. Were it otherwise, the authorities would be able to avoid responsibility for ill-treatment by not recording the use of physical force or special means. 78.     The Court observes that the applicants provided a graphic and detailed description of the ill-treatment to which they were allegedly subjected, indicated its place, time and duration, and identified the colony officials who had been present. If the Government considered these allegations untrue, it was open to them to refute them by way of, for instance, witness testimony or other evidence. Nevertheless, at no point in the proceedings before the Court did the Government challenge the applicants’ factual submissions or deny that they had been beaten with truncheons in the circumstances they had described. The Government acknowledged, in general terms and without referring to specific episodes, that the special-purpose unit had used truncheons against the detainees of the colony where the applicants had been held (see their observations above). A similar general acknowledgement of the repeated use of rubber truncheons – which again did not specify the affected detainees’ names – can also be found in the documents provided by various State officials, such as the letter from the colony director to the Ombudsman, the Ombudsman’s own findings, or the prosecutor’s decision of 21 September 2001. 79.     Having regard to the indiscriminate nature of the special-purpose unit’s operations, which targeted the entire colony population rather than specific detainees, and the Government’s acquiescence to the applicants’ factual submissions, the Court finds it established to the standard of proof required in the Convention proceedings that the applicants were subjected to the treatment of which they complained. ii.     Assessment of the severity of ill-treatment 80.     The Court notes that the applicants were beaten by the officers of the special-purpose squad, both with and without the use of a rubber truncheon. The Government acknowledged the use of truncheons, but insisted on the fact that they had been used lawfully, in response to the applicants’ unruly conduct. 81.     The Court is mindful of the potential for violence that exists in penitentiary institutions and of the fact that disobedience by detainees may quickly degenerate into a riot which would require intervention of the security forces (see Gömi and Others v. Turkey , no.   35962/97, §   77, 21   December 2006). Nevertheless, as noted above, recourse to physical force which has not been made strictly necessary by the detainee’s own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention. 82.     In the present case the Court is not convinced that the use of rubber truncheons was lawful or necessary. It observes, firstly, that the Penitentiary Institutions Act contains an exhaustive list of situations permitting rubber truncheons to be used. Officers may resort to these means in three cases: (i) for curtailing assaults; (ii) for repressing mass disorders or group violations of public order; and (iii) for apprehending those who persistently disobey or resist the officers (see paragraph 65 above). As regards the first ground, there is no indication that any of the applicants attacked officers or other detainees. It transpires that the transgressions for which truncheon blows were administered had been individual, rather than collective, in nature, which rendered the second ground inapplicable. Finally, even though some applicants appear to have disobeyed or resisted the officers’ orders, no attempt was made to apprehend or arrest them. It follows that the use of rubber truncheons against the applicants had no basis in law. 83.     Further, the Court does not discern any necessity which might have prompted the use of rubber truncheons against the applicants. On the contrary, the actions by the unit officers were grossly disproportionate to the applicants’ imputed transgressions and manifestly inconsistent with the goals they sought to achieve. Thus, it follows from the reports on use of rubber truncheons that the applicant Mr Pazleev refused to leave the cell which was to be searched and that the applicant Mr Dedovskiy refused to spread his arms and legs wide apart for a body search (see paragraphs 25 and 27 above). The Court accepts that in these circumstances the officers may have needed to resort to physical force in order to take Mr Pazleev out of the cell or to search Mr Dedovskiy. However, it is obvious that hitting a detainee with a truncheon was not conducive to the desired result, that is, facilitating the search. In the Court’s eyes, in that situation a truncheon blow was merely a form of reprisal or corporal punishment. The punitive nature of such treatment was even more salient in the situation where the applicant was beaten for not changing his clothes or for not stating his name (see paragraphs 35 and 37 above). 84.     As to the seriousness of the acts of ill-treatment, the Court reiterates that in order to determine whether a particular form of ill-treatment should be qualified as torture, it must have regard to the distinction, embodied in Article 3, between this notion and that of inhuman or degrading treatment. It appears that it was the intention that the Convention should, by means of this distinction, attach a special stigma to deliberate inhuman treatment causing very serious and cruel sufferin