CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 30 août 2016

.s800EAC49 { font-size:12pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sE208486F { font-family:Arial; color:#ff0000 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s79DE5897 { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA20670C4 { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sBB355983 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s67017A4B { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-after:avoid } .s583D00FA { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt } .s26FF04E7 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt } .s64E792FA { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt } .s4B243ECC { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .sB813FB12 { width:198.97pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }         SECOND SECTION               CASE OF MIHHAILOV v. ESTONIA   (Application no. 64418/10)                   JUDGMENT     STRASBOURG   30   August 2016   FINAL   30/11/2016   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of Mihhailov v. Estonia, The European Court of Human Rights (Second Section), sitting as a Chamber composed of:   Işıl Karakaş, President,   Julia Laffranque,   Paul Lemmens,   Valeriu Griţco,   Ksenija Turković,   Jon Fridrik Kjølbro,   Georges Ravarani, judges, and Stanley Naismith, Section Registrar, Having deliberated in private on 28   June 2016, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 64418/10) against the Republic of Estonia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a stateless person, Mr Aleksandr Mihhailov (“the applicant”), on 28 October 2010. 2.     The applicant was represented by Mr A. Gamazin, a lawyer practising in Narva. The Estonian Government (“the Government”) were represented by their Agent, Ms M. Kuurberg, of the Ministry of Foreign Affairs. 3.     The applicant alleged that the police had used unwarranted violence against him during his arrest and subsequent detention at the police station. 4.     On 13 February 2014 the complaint concerning police violence was communicated to the Government and the remainder of the application was declared inadmissible. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1976 and lives in Narva, Estonia. A.     The applicant’s arrest 6.     On 29 April 2009, some time before 6 p.m., the police emergency call centre received a call about two young men who were at the junction of Kreenholmi and Kerese streets in Narva, Estonia. The caller reported that one of the men was carrying a knife and that the other was obviously drunk and had difficulty walking. He considered the men to be dangerous to passers-by. At 5.55 p.m. Officers S.B. and E.V., who were on patrol duty, were given instructions to respond to the call. At around 6 p.m. they found the men – the applicant and M.Z. – at a public playground. 7.     The applicant’s version of events relating to his encounter with the police, as it appears from his application and the documents submitted to the Court, is the following. At around 6 p.m. on 29 April 2009, he and M.Z. were waiting for an acquaintance, Y.B., at a playground. Both the applicant and M.Z. were drunk. Two policemen approached him. He did not behave aggressively or swear at them. The applicant spoke with the officers. He did not remember exactly what they talked about, except that it concerned a knife and that the applicant said that he did not have one. He also recalled that the name of one of the policemen was Andrei (this later turned out to be S.B.). He was then punched on the jaw by S.B. and fell to the ground, his face landing in a hole in the pavement. He momentarily lost consciousness, and when he attempted to get up he received another blow on the back, close to the bottom of his neck. One of the police officers put his knee on his neck and pushed him to the ground. He was handcuffed and then the officers started punching and kicking him all over his body and head. He lost consciousness after the beating and only regained it at the police station. 8.     According to the Government, the criminal investigation carried out by the domestic authorities showed that the applicant’s arrest had taken place in the following manner. The police officers who found the applicant and M.Z. at the playground had been given information about two men, one of whom was possibly carrying a knife, while the other one was reportedly drunk and walking with difficulty. At the playground, the applicant behaved aggressively and used obscene language. Officer E.V. tried to talk to the applicant, but the applicant acted in an erratic manner, and started waving his hands around and shouting at the officers. Officer E.V. decided to force him to the ground and keep him there until a police patrol vehicle arrived. He handcuffed the applicant with the help of two police officers, S.J. and N.S., who had arrived by car. While he was being kept on the ground, the applicant attempted to get up, kicked out and continued to utter obscenities at the officers. The police officers did not use excessive force against him and did not beat him. The applicant continued to resist the police while he was being put into a police van, which was last to arrive and was carrying Officers S.T. and J.S. Some force therefore had to be used to get the applicant in the van. In the course of that process, the applicant hit his left temple against the door of the van. The applicant also remained aggressive during his transportation. The officers on the front seats of the van heard what sounded like something being pounded against another object from the back compartment. B.     The applicant’s detention at the police station and his admission to hospital 9.     The applicant’s account of the events during his detention, as it appears from his application and the documents submitted to the Court, is the following. When he woke up in a room next to the detention cells in the police station, he saw the two police officers who had been present at the playground in front of him. He was lying on the floor with his hands cuffed. When he attempted to stand up, S.B. kneed him in the area of his left ear. When the applicant tried to sit on a chair, he was knocked off his feet and ordered to sit on the floor. After E.V. left the room, S.B., who had on black leather gloves, started systematically punching and kicking the applicant. The applicant stood up and fell over several times. At one point, he was taken to the toilet, the sink tap was turned on and his head was put under the water. He was then taken back to the detention room. While passing the detention cells, he asked those inside whether they would confirm anything they had seen or heard. In the detention room, the applicant sat on the chair and S.B. punched him again several times. When E.V. returned, the applicant was knocked off the chair and beaten again on every part of his body. S.B. continued beating him after E.V. left the room. The applicant lost consciousness for a while and when he came around he had blood on his face and was eventually put on the chair. His handcuffs were removed and he was allowed to go to the toilet, where he washed himself. He returned to the detention room and was then placed in a cell to sober up. After a while, an ambulance came and he was taken to a hospital in the company of different policemen. He had blood on his clothes, but he threw away the T-shirt, while his mother washed his trousers. 10.     According to the Government, the facts as they were established in the subsequent criminal investigation showed the following. The applicant, who was still handcuffed, continued to behave aggressively at the police station. He ran up to detainees in other cells, shouting that he was being beaten by the police. As he did not obey orders to calm down and stay still, physical force had to be used to make him sit or to place him on the floor. When he began to calm down, he was placed on a chair with his hands cuffed. He suddenly lost his balance and fell off the chair face down. The police officers lifted him up and put him back on the chair. Shortly after, the applicant again fell on the floor. In the interests of the applicant’s safety, the officers left him sitting on the floor. The police removed the applicant’s handcuffs as soon as he calmed down. He was then taken to a cell to sober up. A test showed that the applicant was in a moderate state of alcoholic intoxication. 11.     At 7.45 p.m. Officers S.B. and J.S. drafted a report that the applicant had been taken from 10 Kreenholmi Street to recover from alcoholic intoxication. The report stated that the applicant had been in a state of alcoholic intoxication, had walked with difficulty, had fallen over and had been aggressive. It also stated that the applicant’s face had been dirty and that he had had abrasions on his head. 12.     At 1.42 a.m. on 30 April 2009 Officer P.S. called an ambulance to the police station at the request of the applicant. According to ambulance registration card no. 1419, the applicant complained of pain in the left part of his head and the right wrist, as well as nausea, vomiting and loss of hearing in the left ear. The findings on examination were that he had haematomas on the left part of the cranium and a swollen right wrist and was in a state of alcoholic intoxication. He was diagnosed with an intracranial injury and a fracture of the right hand and wrist. The applicant was taken to hospital. 13.     Later at the hospital, according to patient registration card no. 4460, dated 30 April 2009, the applicant complained about losing consciousness and vomiting. The findings on examination were that he had haematomas and an oedema in the area of the left ear and eye. He was diagnosed with concussion and being in a state of alcoholic intoxication. 14.     At 2.15 a.m. on 30 April 2009 other police officers, not those who had allegedly beaten the applicant at the police station, took a statement from him at the hospital. At 2.40 a.m. those officers drafted a misdemeanour report where they stated that the applicant had been drunk in a public place, Kreenholmi Street, and had been brawling, shouting and using obscene language, actions which amounted to a breach of the peace and a disturbance to others. 15.     At 6.26 a.m. on 30 April 2009 a computer tomography scan was performed on the applicant. The results showed “temporal extracranial swelling on the left side, no haemorrhage, no intracranial pathology or haemorrhage, ventricular system symmetric, no midline shift, cranial bones intact and paranasal sinuses, middle ear spaces aerated”. He was then released from hospital. 16.     On 1 May 2009 the applicant, when close to home, called an ambulance. Ambulance registration card no. 1454 shows that he complained of severe headaches, dizziness, nausea, vomiting and pain in the neck. The findings on examination were that he had a haematoma around the left ear, an oedema in the area of the left eye, and was in a state of alcoholic intoxication. He was diagnosed with concussion and taken to hospital. He was examined at the hospital by a traumatology doctor who found paraorbital haematoma and swelling around the left eye, bruises on the neck and upper limbs, a smell of alcohol from the mouth, dysarthria, and that he staggered. He was diagnosed with concussion and being in a state of alcoholic intoxication. The applicant did not wish to stay in hospital. C.     The investigation into the applicant’s allegations of ill-treatment 17.     On 30 April 2009 the applicant complained to the police of his ill-treatment. He alleged that police officers had beaten him while arresting him, and that this had also happened later, while he was in detention at the police station. The police officer on duty refused to deal with the complaint and said it had to be submitted to a prosecutor’s office. The prosecutor also refused to deal with the complaint and said it had to be submitted to the police. When the applicant returned to the police station, a police investigator allowed him to file his complaint. 18.     On 5 May 2009 the applicant sent a letter to the prosecutor’s office related to the same circumstances. On the same day the police decided to open a criminal investigation based on his complaint. According to the Government, the next day, on 6 May, the police investigator asked the hospital for the applicant’s medical records. 19 .     On 13 May 2009 the applicant made a statement to the police investigator and gave his account of events (see paragraphs 7 and 9 above). 20.     On the same day, the investigator took a statement from A.P., who had been held in the police station’s sobering-up cell until 9 p.m. on 29 April 2009. He explained that he had looked through the eyehole of his cell door and had seen that a young man, with his hands cuffed behind his back, had been taken to the room in front of the sobering-up cells. Officer S.B., whose name he saw on his nametag, knocked the young man off his feet. He attempted to stand up, but the officer stopped him and ordered him to stay on the floor. Each time the young man attempted to stand up he was again knocked off his feet. Both men used foul language. He also heard someone being slapped on his body and saw how the police officer swung his hands towards the detainee. He understood from these gestures that the young man was being hit. The young man was then taken to a neighbouring room. After that, A.P. heard the man shouting and begging for his beating to stop. According to A.P. there was certainly some kind of fight between the young man and the officers. Subsequently, the man was put in a cell, where he continued to shout and requested a doctor, but he went quiet after a while. 21.     On 15 May 2009 the applicant’s legal representative sent a letter to the police requesting, among other measures, that the two police officers who had arrested the applicant, taken him to the police department and used force against him at the police station be shown to the applicant for identification. He also wanted the applicant to be taken to the police station so that his statements could be compared with the actual layout of the premises and so he could relate on the spot what happened. He further requested that the applicant’s mother to be questioned about the applicant’s state of health when he had left home on 29 April and when he had returned on 30 April; that the ambulance doctor and nurse be questioned as witnesses; and that a forensic medical examination of the applicant’s injuries be ordered. 22.     On 15 May 2009 the police investigator took a statement from M.S., who had been held at the police station’s sobering-up cell on 29 April 2009. He said that while he had heard that somebody in the neighbouring room had at one point shouted for help and that the police officers had shouted back at him, he had not seen police officers beating anybody when he had from time to time looked through the eyehole. 23.     On 15 May 2009 the police investigator also took statements from Police Officer S.J., who had arrived in a police car with Officer N.S. at the scene of the applicant’s arrest. While still in the police car, they had seen Officer E.V. talking to the applicant and that there had then been a scuffle between the applicant and the officer. S.J. and N.S. ran out of the car, but by the time they reached the scene the applicant had already been placed on the ground. He was aggressive and uttered obscenities at E.V. Officer S.J. kept him on the ground by using his knee to restrict the applicant’s movement. Together with N.S., he helped E.V. to cuff the applicant’s hands behind his back as the applicant was still putting up physical resistance. The applicant attempted to get up, continued to use indecent language and did not obey orders. The officers therefore kept the applicant on the ground until the police van arrived to transport him to the police station. No other force was used against him. S.J. added that at some point an elderly man had approached them and attempted to give them some money which allegedly belonged to the applicant. He was told that it was not necessary at that time to hand over the money. S.J. further stated that at the time of the events in question Officer S.B. had been in the vicinity talking to another young man who had a knife. 24.     On 18 May 2009 the police investigator took a statement from R.L., who had been detained in the police station’s sobering-up cell on 29 April 2009. He told the investigator that he had heard through the door how officers had dragged somebody into the room facing the cells. He had heard how the officers provoked that person into using rude language, shouted at him, themselves using foul language, and then started to beat him. R.L. did not remember exactly in what way the officers had hit the person, but thought that it involved punches and kicks. The person had attempted to stand up, but had not been allowed to do so as he had been knocked off his feet. He had then been taken to another room. 25.     On 18 May 2009 the police investigator took a statement from M.Z. As to the arrest, he explained that before the events that happened at around 6 p.m. on 29 April 2009, he had had several beers with the applicant. They had just sat down at the playground behind some buildings when three police officers arrived in a police car. One of the officers came to talk to him and two went to the applicant and pushed him over. One of the policemen put his leg on the applicant’s neck, while the other attempted to stand on the applicant’s legs. M.Z. was taken to where the applicant had been beaten. The applicant was lying on the asphalt with his face down in some sand as there was a hole in the asphalt. After a while a police van arrived with two police officers. The applicant’s hands were put behind his back and he was handcuffed, lifted onto his feet and moved towards the van. In the course of that process, one of the police officers slapped the applicant on the head. He was put in the van and taken to the police station. 26.     Regarding the events at the police station, M.Z. explained that the applicant had been taken to a room where the cells were located. M.Z. himself had been left in the corridor which was situated immediately after the detention section. He could see through the open doors how the applicant was put on the floor right in front of the doors and two policemen started to beat him. They hit the applicant with their elbows and kicked him on the back of the head and elsewhere. No other police officers entered the room. The doors were open, as was the door to the duty room, but no one came out of that room. After some time, one of the police officers who had been beating the applicant came to M.Z. and took him to an office to make a statement. He gave a statement against the applicant because he was afraid as he had seen how the police officer had beaten his friend. 27.     On 18 May 2009 the police investigator also took a statement from P.S., a police officer on duty at the police station at the time of the applicant’s detention. He explained that when he had arrived at work at 8 p.m. on 29 April 2009 Officer E.V. had told him that the person who had been put in a temporary detention cell, that is, the applicant, might request that an ambulance be called and that he should be checked from time to time. During the night, the applicant went by himself to the toilet, complained of pain but declined an offer for an ambulance to be called. When during the night he was about to be released he requested an ambulance and P.S. called it for him. P.S. overheard the applicant telling the doctor and nurse that he had been beaten by police officers. When P.S. asked who had beaten the applicant, he replied that it had been the police officers who had taken him to the police station. When P.S. asked where the applicant had been beaten, he replied that it had happened on the street during his arrest. The ambulance then took him to the hospital. 28.     On 27 May 2009 the police investigator took a statement from K.I., who had been on duty at the police station’s command centre at the time of the events in question. He said that when he had passed the detention room on his way out, he had seen the applicant sitting on the floor of the detention room with his hands cuffed. He was using offensive language, behaving aggressively and was intoxicated. K.I. said that the applicant had not been beaten in his presence. The applicant had not complained of being beaten or requested an ambulance. 29.     On 2 June 2009 the police investigator took a statement from one of the suspects, Police Officer S.B. According to him, when he arrived with Officer E.V. on foot at the playground between the buildings at 10 Kreenholmi Street and 18 Kerese Street, the applicant was very drunk and was having an argument over some money with another man. As he had gone further on to talk to M.Z., he had not seen what had happened between the applicant and Officer E.V. or how E.V. had forced the applicant to the ground. M.Z. did not have a knife on him, but was wearing a large sheath on his belt. S.B. had no contact with the applicant. However, he saw that the applicant continued to be aggressive after E.V. had put him on the ground, while Officers S.J. and N.S had helped E.V. to handcuff him and kept him on the ground. He also saw what happened when Officers S.T. and J.S. helped to place the applicant in the police van. The applicant was not kicked or punched. On the way to the police station thumps and bangs could be heard from the back compartment of the police van. 30.     S.B. also stated that at the police station officers had put the applicant in the room facing the detention cells. The door of the room had stayed open. He was alone in the room with the applicant for about 40 minutes, but did not beat him. The applicant did not obey orders to calm down and stay on the floor. S.B. could not therefore remove his handcuffs and had to use force against the applicant to make him stay on the floor and to calm him down. At one point E.V. had helped him. When the applicant calmed down a little, he was taken to another room to take his statement and was put on a chair with his hands still handcuffed behind his back. While sitting on the chair in the detention room, the applicant suddenly fell face down off the chair. Together with E.V., who had entered the interrogation room at that moment, S.B. put the applicant back on the chair, but he fell off again and was again helped back up onto the chair. When the paperwork had been done, the applicant was taken to a cell to sober up. He did not have any bodily injuries, except for some old scratches on the head, and did not request medical assistance. 31.     On 3 June 2009 the police investigator took statements from four children who had seen the applicant’s arrest (A.N., D.K., D.B. and E.G.). Three of the children (A.N., D.K., and D.B.) had seen the applicant when he was drunk and having an argument with an elderly man over some money. According to the statements of A.N. and D.K., two police officers arrived and first went to speak with the applicant and the older man. A.N., D.K., and D.B. said one of the officers had then gone further away to deal with the applicant’s companion, who was carrying a knife sheath. According to A.N. the applicant started to shout obscenities at the police officer who had stayed with him. A.N., D.K. and D.B. stated that following an exchange with the applicant the police officer forced him to the ground. A.N. and D.K. said that the officer pushed the applicant over. D.K. added that the applicant was put on the ground with his right cheek facing down. Two other officers, who had arrived by car, helped the first police officer to cuff the applicant’s hands behind his back. All of the children, including E.G., who had arrived after the applicant was put on the ground, confirmed that the officers kept the applicant on the ground by force. According to A.N. and E.G. that was done by standing on his legs, while D.K. and D.B said one officer knelt on the applicant’s neck to keep his head down, while the other stood on his legs, close to his heels. All the children said the officers had neither punched nor kicked the applicant. The applicant had attempted to get up off the ground, had continued to swear and said that the officers were hurting him. All of the children confirmed that the applicant resisted being walked over to the police van. The police used force to put the applicant in the van and he had hit his head (the left side of his head, according to D.B. and E.G.) against the door of the van. 32.     On 4 June 2009 the police investigator took statements from the ambulance nurse, L.G., and the ambulance doctor, V.K. They had received a call about a man with a head trauma at the police station. The applicant, who was drunk, said that police officers had beaten him at the police station. He did not have any blood on his clothes, and he did not vomit. However, given the nature of his injuries, the doctor decided to take him to the hospital for a further examination. 33.     On 8 June 2009 the other suspect, Police Officer E.V., gave a statement. He explained that he had received an order to respond to a call that a man in a state of heavy alcoholic intoxication, possibly carrying a knife, was walking along Kreenholmi Street. He had then immediately gone with his partner, Officer S.B., to where the man was presumed to be. On reaching the building at 10 Kreenholmi Street he saw the applicant was not behaving appropriately as he was waving his hands and staggering. When he approached the men, M.Z. led the applicant by the hand behind the building at 10 Kreenholmi Street. The police officers followed them and found the applicant sitting on a kerbstone with M.Z. and an elderly man, who was standing next to him. When E.V. and S.B. approached, the applicant stood up and staggered towards them. M.Z. went in a different direction. When the applicant reached the officers, E.V. asked him politely to stop. As the applicant did not react and walked past him, E.V. stopped him by taking his elbow and spoke to him again. The applicant reacted quite violently, and started arguing and waving his hands around. E.V. therefore used the radio to call for assistance to have the applicant removed so he could sober up. Meanwhile, the elderly man had approached and told the applicant to calm down because he was dealing with police officers. The applicant replied that he did not care and started throwing money on the ground, telling the man to keep it. The man picked the money up, said he did not need it and put it back in the applicant’s pockets. By that time, S.B. had gone after M.Z. E.V. attempted to calm the applicant down, but he continued to walk back and forth, waving his hands around and uttering obscenities. E.V. decided to handcuff the applicant because there were a lot of children around. The applicant was also clearly being aggressive and might have hurt other people, particularly given the possible presence of a knife. As the applicant did not let E.V. handcuff him, he forced the applicant to the ground, but did not hit him. Officers N.S. and S.J. arrived and helped in handcuffing the applicant and then took him to the police car, which was 10 metres away. The applicant did not have a knife. E.V. had no further contact with the applicant at the playground. While in the police van on the way back to the station the applicant continued his aggressive behaviour and E.V. heard what sounded like the applicant hitting himself against something. 34.     E.V. further stated that at the police station the applicant shouted that the police were beating him, while S.B. tried to calm him down and conduct a search. E.V. left the room to interview M.Z. as a witness to the applicant’s breach of the peace. When E.V. returned he saw that the applicant had fallen face down off his chair and he helped S.B. to lift him back onto the chair. The applicant fell to the ground for a second time and was then left on the floor. According to E.V., the applicant intentionally tried to injure himself in order to later accuse the police. When he started to behave calmly, the handcuffs were removed. The applicant walked unaided to the sobering-up cell. He did not have any injuries that required immediate medical attention. He had haematomas in the area of his face, but he could have received those during his transportation or when he fell off the chair. The applicant’s clothes were dirty but did not have any bloodstains. E.V. informed the applicant that an ambulance would be called for him if he had any complaints about his health. 35.     On the same day, 8 June 2009, the investigator took a statement from Officer N.S., who had arrived by police car with Officer S.J. at the scene of the applicant’s arrest. When N.S. arrived, Officer E.V. was already holding the applicant down on the ground. When he and S.J. reached them they saw the applicant behaving aggressively and using foul language. N.S. helped E.V. to cuff the applicant’s hands behind his back. The applicant was then lifted onto his feet and taken to the police car, but he refused to obey orders to keep still and calm down and started to kick the police car. The officers therefore removed him from the car and put him on the ground. N.S. held his feet and hands, while another officer knelt on the applicant to keep his head down. The applicant constantly resisted the officers, used bad language and behaved aggressively. He was kept down to prevent him from hurting himself and others. The officers did not beat him. The applicant continued to resist the police officers while he was being put in the police van and continued to be aggressive in the van. N.S. added that at some point an elderly man came to them offering to hand over some money which had allegedly belonged to the applicant. He was, however, informed that it was not necessary to hand over the money at that moment. 36.     On the same day, 8 June 2009, the police investigator took statements from Officers S.T. and J.S., who had arrived in the police van at the scene of the applicant’s arrest. When J.S. got out of the van, he saw that Officers S.J. and N.S. were holding the applicant down on the ground. The applicant was aggressive, was shouting and swearing and attempting to break free. N.S. and S.J. took the applicant to the police van. J.S. opened the door for them. He did not see the applicant banging into anything, but while he was being transported sounds could be heard from the back compartment which sounded like something being hit. S.T. stated that he did not get out of the van. He did not hear the applicant banging against anything while he was being put in the van. At the police station he and J.S. carried the applicant to the detention room and left him in front of the cells. He did not see any blood on the applicant or his clothes. Nor did he notice any visible injuries on the applicant. 37.     That day, 8 June 2009, the police investigator ordered a forensic medical assessment of the injuries on the basis of the available documentary evidence (the ambulance cards, patient registration card and the statements of the applicant, the suspects in the case and two other police officers as witnesses). 38.     On 9 June 2009 the police investigator took a statement from D.R., a police officer who had been on duty at the police station on 29 April 2009. He stated that he had arrived at work at 8 p.m. At around 2 a.m. he started to work on the applicant’s documents. The applicant told D.R. that he had a bad headache and that his hands were hurting because of the handcuffs. He requested an ambulance. He also said that his head injury had been caused by other police officers. He had no blood on his clothes and did not vomit. When the applicant was taken to hospital, D.R. accompanied him. 39.     On 15 June 2009 the applicant’s legal representative lodged a complaint against the police with the prosecutor’s office. He stated that the police had not taken the investigative measures he had requested on 15 May 2009 (including the presentation of the police officers for identification; a formal confrontation between the applicant and M.Z., who had allegedly witnessed him committing a breach of the peace; a comparison of the applicant’s statements with the circumstances at the scene of the alleged offence; a forensic medical examination of the applicant’s injuries; and interviews with the children that the applicant’s representative had identified and about whom he had informed the police investigator on 27 May 2009). He requested that the prosecutor take measures to secure the collection of evidence. The prosecutor rejected the complaint on 1 July 2009, stating that the applicant had not challenged any acts or orders of an investigative authority. 40 .     On 17 June 2009 the police investigator showed the applicant photos to identify the possible suspects. According to the record of the meeting, the applicant was shown four lists with an unspecified number of photos of police officers who were similar in appearance. The applicant identified S.B. as the police officer who had beaten him at the police station. He did not remember whether that police officer had also beaten him during his arrest. The applicant was unsure in his idenfication of E.V. from the photos. Nevertheless, he added that he would be able to identify the other officer on the basis of his features and height if he saw him in person. 41.     On 6 July 2009 the police investigator took a statement from V.Z., who was the person who had called the police on 29 April 2009 about the applicant’s alleged breach of the peace. He explained that from his car on the crossroads of Kreenholmi and Kerese Street he had seen two young men crossing the street. One of them was carrying a knife. Another young man who was very drunk was walking in front of him, but was having trouble walking. He had called the police after seeing the young men and the knife as he considered them to be clearly dangerous and was worried about the safety of passers-by. 42.     On 13 August 2009 the forensic medical expert delivered his opinion about the applicant’s injuries. He concluded that the injuries found on the applicant on 30 April and 1 May had been caused by blows with a blunt object or objects. The exact cause of those injuries could not be established as their description in the documents was not sufficiently detailed. Nevertheless, the expert concluded that they had been inflicted shortly before the applicant had seen a doctor, possibly on 29 April 2009. He also noted that as there were no detailed descriptions of the injuries to the upper limbs, it was not possible to conclude whether those injuries had been received in self-defence. None of the documents disclosed any information about the ethanol content in the applicant’s blood, but stated simply that the applicant had been in a state of alcoholic intoxication. 43.     On 2 September 2009 the forensic expert gave an oral statement to the police investigator about his written opinion. In reply to a question about whether the applicant had had a haematoma in the area of the left eye on both 30 April and 1 May, the expert replied that there was no information about that in the documents of 30 April. He explained that it could not be excluded that the haematoma had been inflicted on 29 April, but it could also have been inflicted on 30 April or 1 May. He also stated in relation to a question about the cause of the injuries that since the documents had not contained detailed descriptions of the injuries, it was not possible to establish the exact nature of the object which had caused the traumas. 44.     On 14 September 2009 the police investigator presented photos of officers to M.Z. for him to identify. According to the report of the meeting, M.Z. was shown four lists with an unspecified number of photos of police officers who were similar in appearance. M.Z. identified one of the police officers (E.V.) as the officer who, together with the other officer (S.B.), had beaten the applicant at the police station and had used force against the applicant at the playground. He was not certain in his recognition of S.B. on the photos, but pointed out another officer who, in his words, was very similar to S.B. He also stated that there had been no beating at the playground, but that the applicant’s hands had simply been twisted behind his back and that he had been forced to the ground. 45.     On 8 January 2010 the applicant complained to the prosecutor that he had still not been informed of a decision to carry out a forensic medical examination, despite repeated requests. He added that he had still not been examined by an expert, even though he had complained about headaches and a loss of vision after the beating. He requested that he be sent a copy of any expert reports if one had been carried out without his knowledge. He also complained that he had not had a formal confrontation with M.Z. and the suspects in order to eliminate any contradictions in their statements. The prosecutor rejected the complaint on 14 January 2010, stating again that the applicant had not challenged any acts or orders of an investigative authority. 46.     On 20 January 2010 the police investigator decided to discontinue the investigation, concluding that there was no evidence that the police officers had committed the criminal offence of abuse of authority. Their use of force had not violated the Police Act, it had been lawful, justified and not excessive. The decision of the police investigator was approved by the prosecutor on 15 February 2010. 47.     Regarding the applicant’s arrest, the police investigator was of the view that the applicant’s allegations about his beating were completely groundless. She concluded in substance that the use of force against the applicant during his arrest had been justified by the applicant’s breach of the peace while being in a state of alcoholic intoxication; his refusal to obey the officers’ lawful orders; and his attempt to leave the scene without the officers’ consent. The physical force used to put the applicant on the ground, put on handcuffs and keep him on the ground had not been excessive. 48.     In the decision, it was considered as established that the applicant’s arrest had taken place in the following manner. While at the playground in the vicinity of 18 Kerese Street, the applicant had not behaved appropriately, had waved his hands around, used foul language and had been staggering a lot. He had not reacted to the orders given by the police officers. Police Officer E.V. had decided to put handcuffs on the applicant given that children were standing around, that the applicant was clearly of an aggressive state of mind, that he might have injured others and that there was a certain context to the call (the suspicion of carrying a knife). At that moment Officers N.S. and S.J. had arrived and helped to put the handcuffs on. The applicant had not complied with the officers’ orders to stay still and calm down, but had started kicking the police vehicle. N.S. and S.J. had kept the applicant on the ground to restrain him. The applicant had continued to resist, use foul language and behave aggressively. Because of his aggressive behaviour, E.V. had been forced to call for a police van to transport the applicant to the police station. The applicant had resisted being put in the police van and had continued to behave aggressively and use foul language while being transported. Sounds from the transportation compartment made it seem like the applicant had hit himself against something. 49.     In arriving at the conclusion that the applicant had not been beaten and that only lawful force had been used, the police investigator relied concretely on the statements of the children, Police Officers N.S., S.J., J.S., S.T., the suspected police officers, S.B. and E.V., and on the statements of M.Z., who had said during the presentation of the identification photos that there had been no beating at the playground, that the applicant’s hands had simply been forced behind his back and that he had been forced to the ground. 50.     Regarding the events at the police department, the police investigator rejected the statements of M.Z. as unreliable as he could not have seen what was happening to the applicant in the detention room. Though the door of that room had been open, M.Z. had been standing further away. As to the people detained at the police station, the investigator concluded that their statements had not directly confirmed that the applicant had been beaten. The statements of the detainees A.P. and R.L., who had stated that the applicant had been beaten, were dismissed as they contradicted the statements of the third detainee – M.S. – and other evidence. Four other police officers involved in the arrest and the transportation of the applicant, as well as one police officer who had been present at the police station during the applicant’s detention, had also stated that the applicant had not been beaten. 51.     As to the applicant’s injuries, the police investigator cited observations in the report from when the applicant was taken to sober up, and from the ambulance and patient registration cards. Regarding the haematoma around the left eye, first documented at the hospital on 1 May 2009, the investigator referred to the forensic expert’s opinion that it could have been caused on 29 April, 30 April or 1 May 2009 and that on the basis of the documents it was impossible to establish its cause. On the basis of that information the investigator concluded that the applicant’s allegation that the haematoma around the left eye had been caused during his beating at the police department was unfounded and untrue. Turning to the applicant’s allegations that he had vomited and that there had been blood on his clothing, the investigator viewed them as being disproven by the statements of the police officers as well as those of the ambulance doctor and the nurse who had not seen any blood on the applicant’s clothes or witnessed any vomiting. 52.     The police investigator found in conclusion that while at the police station the applicant had been aggressive, continued to use foul language and ignored orders to keep still. The force that S.B. and E.V. had used against him had been justified and lawful, and had not been excessive. 53.     On 15 March 2010 the applicant lodged an appeal against the decision to discontinue the criminal investigation. He submitted among other things that the investigation had not been objective, that the statements of witnesses had been selectively cited and distorted, that some of the witnesses (such as Y.B., who had seen the applicant’s arrest, and A.D., who had been detained in the police station at the same time as the applicant) had not been questioned, that he himself had not had a forensic medical examination; and that formal confrontations to eliminate any contradictions in statements in the case had not been arranged. 54.     On 23 March 2010 the State Prosecutor’s Office rejected the applicant’s appeal against the decision to discontinue the investigation as having been lodged out of time. The decision to discontinue the criminal proceedings had stated that the applicant had to lodge an appeal to the State Prosecutor’s Office within ten days of the receipt of the relevant decision. The decision had been sent to the applicant’s address by ordinary mail on 26 February 2010. Estonian Post had indicated that a standard letter was sent to an addressee on the next working day of the post office. The letter should therefore have reached the applicant on 1 March 2010, so the final day for lodging an appeal had been 11 March 2010. The applicant had lodged his appeal on 15 March 2010. The applicant stated that he had only received the letter on 5 March 2010 after returning home from his job in another city. Though the applicant had not requested the restoration of the time-limit for his appeal, the State Prosecutor’s Office stated that in any event there had been no grounds for such a procedure. The State Prosecutor’s Office was of the view that the applicant had a duty of diligence regarding his mail because he knew that there were proceedings pending where decisions concerning his situation might be made. The applicant had had several options available to him to avoid exceeding the time-limit. 55.     On 30 April 2010 the Tartu Court of Appeal upheld the decision of the State Prosecutor’s Office. The court agreed with the applicant’s counsel that the time-limit for an appeal started to run from the date of actual receipt of the decision and not from the date it should have been received according to calculations based on mail delivery deadlines. It nevertheless considered that the decision to discontinue the criminal proceedings had reached the applicant’s mailbox on 1 March 2010, without however explaining on the basis of what evidence this conclusion was reached. The court also stated that there was no need to express an opinion with regard to the restoration of the deadline for the appeal, because the applicant had not believed that he had breached the deadline and had not sought its restoration. D.     Applicant’s acquittal of misdemeanour charges 56.     On 25 May 2009 the East Police Prefecture found the applicant guilty of the misdemeanour of committing a breach of the peace at Kreenholmi Street and ordered him to pay a fine. The applicant lodged an appeal against that decision with the Viru County Court. 57.     On 17 November 2010 the Viru County Court, having held a public hearing on 4 November, acquitted the applicant of the charges. The court considered that there was no evidence to prove that his behaviour had constituted a misdemeanour. 58.     The court, pointing to the fact that it was unlawfully obtained evidence, set aside the applicant’s statements given on 30 April 2009 at 2.15 a.m. in the hospital, and which had been contained in the misdemeanour report drafted the same night at 2.40 a.m. It noted that the evidence had been gathered more than eight hours after the offence had allegedly been committed and after the person had in the meantime been taken to sober up, at 7.45 p.m. 59.     The court considered that the witness M.Z. had given reliable testimony at the court hearing on 4 November 2010 when he had said that the police had unduly influenced him to give evidence against the applicant by letting him hear the applicant being beaten. The court considered that statement to be corroborated by the fact that the applicant had been taken to the hospital and had been interrogated there. 60.     The court concluded that the evidence in the misdemeanour proceedings had been collected in an unlawful manner which infringed the applicant’s honour and dignity and endangered