CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 3 mars 2020

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padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4E6E6575 { height:38.25pt }       THIRD SECTION   CASE OF AVDYUKOV AND OTHERS v. RUSSIA (Applications nos. 33373/07 and 9 others   – see appended list)           JUDGMENT   STRASBOURG 3 March 2020             This judgment is final but it may be subject to editorial revision.   In the case of Avdyukov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:   Alena Poláčková, President,   Dmitry Dedov,   Gilberto Felici, judges, and Stephen Phillips, Section Registrar, Having deliberated in private on 4 February 2020, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in nine applications 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”) on various dates indicated in the appended table. 2.     The Russian Government (“the Government”) were initially represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin. 3.     Notice of the applications was given to the Government. The Government did not object to the examination of the applications by a Committee. THE FACTS THE CIRCUMSTANCES OF THE CASE 4.     The applicants are all Russian nationals. Between 2005 and 2015 they were arrested on suspicion of having committed crimes in different regions of Russia. They alleged, among other things, that they had been ill-treated by the police. 5.     The relevant facts in respect of each application are set out below. Avdyukov v. Russia, no. 33373/07 Alleged ill-treatment (a)    The events of 29-30 November 2005 6.     On 29 November 2005 at around 6.30 p.m. officers of the Ordzhonikidzevskiy Department of the Interior in Yekaterinburg arrested the applicant on suspicion of a robbery and took him to the police station. According to the applicant, the officers beat him on the body and suffocated with a gas mask. 7.     According to the applicant, the beatings continued until morning 30   November 2005. Not being able to withstand the ill-treatment, he attempted to commit suicide by throwing himself out of a window. He was stopped by the officers. 8 .     On 30 November 2005 at 6.10 p.m. the officers compiled an arrest record. The applicant was examined by a hospital doctor who recorded one bruise on his head and several cuts on his forearms. (b)    The events of 18 May 2006 9.     On 18 May 2006 at around 4.30 p.m. officers of the Kirovskiy Department of the Interior in Yekaterinburg arrested the applicant on suspicion of a crime and took him to the police station. According to the applicant, the officers beat him, subjected to electric shocks, suffocated with a gas mask, and burned his palms with a cigarette. The applicant attempted to jump out of a window. According to him, he did so in order to evade further ill-treatment. He was stopped by the officers. 10 .     According to forensic medical report no. 5809 of 7 July 2008, on 19   May 2006 the applicant was examined in a hospital. He had hematomas on his face and a swelling of the eyelids of his left eye. He had no injuries resulted from electric shock. The expert concluded that the applicant’s injuries had “a speedy recovery effect with a period of six days” and that “the absence of a detailed description of the injuries [...] [did] not allow to determine [...] the exact date of the infliction of injuries”. Official inquiry into the alleged ill-treatment (a)    Inquiry into the events of 29-30 November 2005 11.     On 1 December 2005 the applicant complained to a prosecutor about the ill-treatment. 12.     On 12 December 2005 the prosecutor refused to open a criminal case for the absence of evidence of crime. On 7 March 2007 the decision was quashed. 13.     On 8 June 2007 the prosecutor found that the applicant’s allegations of ill-treatment were unfounded. The prosecutor concluded that since the officers had not applied physical force to the applicant, by committing a suicide attempt the applicant intended to evade criminal responsibility. 14 .     On 18 October 2007 the Rezhevskiy District Court dismissed the appeal against the refusal as unfounded. On 7 December 2007 the Sverdlovskiy Regional Court upheld the court decision finding that the applicant’s injuries to his head and forearms had been caused when he had thrown himself out of the window breaking the glass with his body. (b)    Inquiry into the events of 18 May 2006 15.     On 26 May 2006 the applicant complained to a prosecutor about the ill-treatment. 16.     On 29 May 2006 the prosecutor refused to open a criminal case for the absence of evidence of crime. 17 .     On 17 July 2008 the investigator issued a decision not to open a criminal case, referring to the explanations of police officers that during the arrest the applicant had tried to escape. The investigator further concluded that the applicant had attempted to jump out of the window of the second floor of the building in order to escape. Referring to the forensic expert report, the investigator concluded that the applicant’s injuries resulted from his resistance. 18.     On 7 November 2008 the Kirovskiy District Court refused to examine the applicant’s appeal against the refusal since his criminal case had been pending before the Sverdlovskiy Regional Court. On 19   December   2008 the Sverdlovskiy Regional Court upheld the court decision. Correspondence with the Court 19.     On 2 July 2006 the applicant lodged his application with the Court alleging violation of his rights under Article 3 of the Convention. 20.     On 4 February 2008 the applicant supplemented his application form complaining under Article 5 of the Convention about his unrecorded detention on 29 November 2005. Proceedings related to the applicant’s detention on 29   November   2005 21.     On 8 June 2006 the prosecutor found that the applicant had been unlawfully detained at the police station for thirteen hours. Further development of the proceedings is unclear. 22.     On 29 June 2009 the Sverdlovsk Regional Court convicted the applicant and indicated his sentence to be counted from 29   November 2005, the date of the applicant’s actual arrest. It issued a separate decision addressed to the Head of the Sverdlovsk Region Department of the Interior about the breach of the Code of Criminal Procedure provisions regarding the arrest records. Zakalyayev v. Russia, no. 24534/10 23.     On 1 August 2008 officers of the Bagayevskiy Department of the Interior in the Rostov Region arrested the applicant on suspicion of a murder. The events of 3 August 2008 24.     On 3 August 2008 the applicant was questioned as a suspect. According to him, during the questioning the officers punched him in the ribs, beat him on his head with a plastic bottle filled with water. 25 .     On 20 August 2008 the applicant underwent a forensic examination. According to report no. 267, on 5 August 2008 he was diagnosed with a fracture of his seventh rib. Official inquiry into the alleged ill-treatment 26.     On 14 June 2009 during the trial the applicant complained to a judge about the ill-treatment. 27.     On 2 July 2009 the investigator refused to open a criminal case for the lack of evidence of crime. 28.     On 27 July 2009 the trial court ordered an additional inquiry into the applicant’s allegations of ill-treatment. 29.     On 8 October 2009 the refusal of 2 July 2009 was quashed. 30 .     On 12 October 2009 the investigator issued another refusal, mainly referring to the explanations of the police officers who had denied the use of force against the applicant. He concluded that the applicant had sustained injuries before the arrest in a fight with another person. 31.     On 15 October 2009 the Bagayevskiy District Court convicted the applicant dismissing his allegations of ill-treatment with reference to the latest refusal. On 9 December 2009 the Rostov Regional Court upheld the conviction. 32.     On 27 February 2010 the Bagayevskiy District Court dismissed the applicant’s appeal against the refusal of 12 October 2009 as unfounded. On 14 April 2010 the Rostov Regional Court upheld the court decision. Garmashov v. Russia, no. 25400/10 The events of 19 December 2007 33.     On 19 December 2007 police officers of the Novorossiysk Department of the Interior arrested the applicant in Ms A.’s flat on suspicion of a murder and took him to the police station. According to the applicant, the officers beat him at the station with a view to extracting a confession. 34 .     On 22 December 2007 the applicant asked for an ambulance. He was diagnosed with a craniocerebral injury, brain concussion and a contused injury to his cheekbone. He told a doctor that he had been beaten but did not specify the details. On 24 December 2007 a forensic expert examined the applicant. According to report no. 2786, the applicant had bruises on his face, body and hands, caused by blunt hard objects between six and eight days before the examination. The applicant explained to the expert that he had had a fight before the arrest. According to the applicant, before the examination police officer P. told him not to tell the expert about the ill ‑ treatment. Official inquiry into the alleged ill-treatment 35.     On 13 May 2008 the applicant complained to an investigator about the ill-treatment. 36.     Between May and December 2008 the investigators issued at least five decisions not to open a criminal case. The investigators referred to the applicant’s explanations given during his forensic examination that his injuries had been caused before the arrest. All decisions were quashed as incomplete. 37.     On 3 March 2009 the Oktyabrskiy District Court dismissed the applicant’s appeal against the latest refusal of 9 December 2008 as unfounded. On 29 April 2009 the Krasnodar Regional Court upheld the court decision. 38 .     On 21 July 2009 the Krasnodar Regional Court convicted the applicant. It cited witness statements of Ms A. and Ms K. that before the arrest the applicant had not had injuries, but found them unreliable. The court examined the applicant’s medical documents and found his allegations of ill-treatment unfounded. On 14 January 2010 the Supreme Court of Russia dismissed, among other things, the applicant’s arguments about ill ‑ treatment and upheld the conviction. Kolykhalov v. Russia, no. 20949/11 The events of 9 October 2007 39.     On the evening of 9 October 2007 officers of the Department for Combatting Organised Crimes of the Kemerovo Region ( УБОП ГУВД по Кемеровской области) arrested the applicant on the street on suspicion of a crime and took him to the police station. He was 17 years old at the time of the events. According to the applicant, the officers beat him at the station with a wooden stick and threatened him with rape. The ill-treatment continued until morning. He was then released. 40 .     On 11 October 2007 the applicant underwent a forensic medical examination. According to the report (without a number), the applicant had bruises on his face, head, right ear, chest, upper and lower limbs, buttocks, and contusion of both kidneys resulted from the impact of a hard blunt object. Official inquiry into the alleged ill-treatment 41.     On 24 October 2007 the applicant complained to the authorities about the ill-treatment. 42 .     On 27 October 2007 an investigator decided not to open a criminal case, referring to the explanations of police officers that no physical force had been applied to the applicant. The decision was later quashed as incomplete. 43.     Between December 2007 and August 2010 the investigators issued eight refusals, at least four of which were quashed as incomplete. According to them, the physical force was used against the applicant since he had resisted the arrest. 44.     On 20 April 2011 the Rudnichniy District Court dismissed the applicant’s appeal against the latest refusal of 12 August 2010 as unfounded. On 9 June 2011 the Kemerovo Regional Court upheld the court decision. Proceedings related to the applicant’s detention on remand 45.     On 13 January 2008 the applicant was arrested and placed in detention on remand. The measure was extended until the date of his acquittal on 28 May 2013. Civil proceedings against the Ministry of Finance 46.     On an unspecified date the applicant lodged a civil complaint against the Russian Ministry of Finance for unlawful prosecution and inadequate conditions of detention in a remand prison. 47 .     On 2 December 2015 the Zavodskoy District Court allowed the applicant’s complaint that he had been unlawfully prosecuted for a crime of which he had been acquitted. It also found that the applicant had been detained for five years in the remand prison in inadequate conditions. 48 .     The court awarded the applicant 2,000,000 Russian roubles (about 27,777 euros) as compensation for non-pecuniary damage for unlawful prosecution and inadequate conditions of detention. 49.     On 17 March 2016 the Kemerovo Regional Court upheld the court decision on appeal. Fomin v. Russia, no. 68556/12 The events of 17 December 2010 50.     On 17 December 2010 at around 3 a.m. officers of the Department of the Interior of the South-West Administrative Circuit in Moscow ( УВД по ЮЗАО г. Москва ) searched the applicant’s flat. According to the applicant, during the search the officers handcuffed him and beat him, forcing to confess. The beatings continued in a car on the way to the department. On the same day the applicant was transferred to a temporary detention facility in Moscow, where, according to him, he was also beaten. 51 .     On 26 December 2010 the applicant was transferred from the temporary detention facility to a remand prison. According to a medical certificate issued by the remand prison, the applicant had bruises in the scapula area. On 27 December 2010 he was diagnosed with a dislocation of his right shoulder. Official inquiry into the alleged ill-treatment 52.     On 6 April 2011 the applicant complained to an investigator about the ill-treatment. 53 .     On 15 June 2011 he underwent a forensic medical examination. According to forensic report no.   9223-м9188, the applicant’s bruises in the scapular area resulted from an impact of a hard blunt object. The medical records had insufficient information about the   morphological   characteristics of the injuries to determine the time of their infliction. 54 .     On the same day the investigator issued a decision not to open a criminal case. He referred to the explanations of the police officers, according to which the applicant had actively resisted the arrest and they had applied physical force. The investigator concluded that the applicant’s injuries resulted from his resistance. 55.     On 15 July 2011 the Cheremushkinskiy District Court quashed the investigator’s decision as incomplete. 56.     On 22 August 2011 the investigator issued another decision not to open a criminal case for the same reasons. 57.     On 9 February 2012 the Zuzinskiy District Court convicted the applicant. It dismissed the applicant’s allegations of ill-treatment as unfounded. On 18 April 2012 the Moscow City Court upheld the conviction. Yepifanov v. Russia, no. 71467/13 The events of 15 March 2012 58.     On 15 March 2012 at around 2 p.m. officers of the Federal Drug Control Service of the Republic of Mari El ( УФСКН по Республике Марий   Эл ) arrested the applicant on suspicion of a crime near his house. According to the applicant, he did not resist arrest. The officers kicked and punched him on the body. They took him to the police station where they punched him on the body at least fifteen times. 59 .     On 16 March 2012 the applicant was examined in a hospital. According to the hospital’s medical certificate, he had a hematoma on his right eye and contusion of his chest. 60 .     On 27 March and 8 June 2012 the applicant underwent a forensic medical examination. According to report no. 709 and additional report no.   1241, the hematoma was inflicted by a hard blunt object. The medical records had insufficient information about the morphological characteristics of the injuries to determine the time and mechanism of their infliction. Official inquiry into the alleged ill-treatment 61.     On 15 April 2012 the applicant complained to an investigator about the ill-treatment. 62.     On 25 April 2012 the investigator opened a criminal case into abuse of power under Article 286 of the Russian Code of Criminal Procedure. 63 .     On 30 December 2012 the investigator terminated the investigation. The decision contained witness statements of the applicant’s parents who had seen him in the evening of 15 March 2012 at the premises of the Drug Control Service. They submitted that the applicant had had swollen lips and nose, and a hematoma on the right eye. One of the applicant’s front teeth was absent. The investigator also referred, among other things, to the report of the officers drawn up on 15 March 2012 that the applicant had actively resisted the arrest and they had applied physical force to overcome it. The investigator concluded that the applicant had not been ill-treated by the officers and that by alleging the ill-treatment he intended to evade criminal responsibility. 64.     On 23 May 2013 the Yoshkar-Ola City Court dismissed the applicant’s appeal against the decision of 30 December 2012 as unfounded. On 31 July 2013 the Mari El Supreme Court upheld the court decision. Tyuriny v. Russia, no. 72354/14 65.     The applicants are brothers, Mr Y.Y. Tyurin and Mr R.Y. Tyurin. The events of 28 January 2013 66.     On 28 January 2013 at around 6.30 p.m. officers of the special rapid response unit ( специальный отряд быстрого реагирования - СОБР ) in Astrakhan arrested the applicants on suspicion of a crime and took them to Police Department no.   3. According to the applicants, the officers beat them with a view to extracting a confession. On 29 January 2013 at around 10   p.m. they were taken to a temporary detention facility. Official inquiry into the alleged ill-treatment 67.     On 30 January 2013 the applicants complained to an investigator about the ill-treatment. 68.     On 30 January 2013 the applicants were examined by a trauma surgeon. According to their medical cards nos.   4333/1050 and 4332/1049, they both had a closed craniocerebral injury and brain concussion. 69 .     On 7 February 2013 they were examined by a forensic expert. According to forensic medical report no. 469, R.Y. Tyurin had bruises and abrasions on his head and upper limbs inflicted by a hard blunt object. According to forensic medical report no. 470, Y.Y.   Tyurin had a closed fracture of the lower jaw, bruises on his head, neck, pelvic area caused by a hard blunt object. 70 .     On 8 November 2013 the investigator issued a decision refusing to open a criminal case. He referred to the explanations of police officers that the applicants had resisted the arrest and concluded that the use of force had been lawful. 71.     On 17 January 2014 the Trusovskiy District Court dismissed the applicants’ appeal against the refusal as unfounded. On 15 May 2014 the Astrakhan Regional Court upheld the court decision. Shcherbakov v. Russia, no. 34503/17 The events of 8 February 2015 72.     On 8 February 2015 officers of the Department of the Interior in the Primorskiy Region arrested the applicant on suspicion of a crime. The officers took him to the police station, where, according to the applicant, he was ill-treated. 73 .     On 10 February 2015 the applicant underwent a forensic medical examination. According to report no. 383, he had abrasions on his face, left ear, right knee-joint inflicted within one day before the examination. He also had abrasions on his chest and bruises on his right shoulder inflicted within four days before the examination. The injuries were inflicted by a hard blunt object. Official inquiry into the alleged ill-treatment 74.     On an unspecified date the applicant complained to an investigator about the ill-treatment. 75.     On 15 August 2015 the investigator issued a refusal to open a criminal case. The case file does not contain a copy of the decision. 76.     On 31 March 2016 the investigator issued another decision not to open a criminal case. He found that the applicant’s injuries had been inflicted before the arrest in a fight with another person. 77.     On 27 May 2016 the Nakhodkinskiy District Court convicted the applicant. Referring to the applicant’s forensic medical examination and decision of 31 March 2016, the court dismissed the applicant’s allegations of ill-treatment. On 1 November 2016 the Primorskiy District Court upheld the conviction. Prisyazhnyy v. Russia, no. 10918/18 78.     On 13 January 2014 the applicant was arrested on suspicion of a crime. The events of 14 January 2014 79 .     On 14 January 2014 officers of the Dalnorechensk Department of the Interior of the Primorskiy Region arrested the applicant and took him to the police department. According to the applicant, the officers beat him, suffocated him with a plastic bag, and twisted his arms forcing to confess. 80.     On an unspecified date he was placed in a remand prison. The events of 26 February 2014 81.     On 26 February 2014 the applicant was taken from the remand prison to the police station for a questioning. According to the applicant, the convoy officers beat him. 82 .     On 27 February 2014 the applicant was examined in hospital no. 2 in Vladivostok. According to a medical certificate issued by the hospital on 12   March 2014, on the date of the examination he had brain concussion, a fracture of the nose bone, contusion of his chest and upper limbs. Official inquiry into the alleged ill-treatment 83.     On 12 February 2014 the applicant complained to an investigator about the ill-treatment of 14   January 2014. On an unspecified date he supplemented his complaint about the ill-treatment of 26   February 2014. 84 .     Between March and April 2016 the investigators issued three decisions refusing to open a criminal case, mainly referring to the explanations of the police officers that no physical force had been applied to the applicant on 14 January 2014. Referring to the explanations of the convoy officers, the investigator concluded that on 26 February 2014 the applicant had attempted to escape and inflict himself injuries by hitting the wall with his head. He disobeyed lawful orders of the officers and the force used against him was proportional. 85.     On 19 May 2017 the investigator issued another refusal to open a criminal case. The case file does not contain a copy of the decision. On 24   July 2017 the Pervorechenskiy District Court dismissed the applicant’s appeal against the refusal. 86.     On 6 August 2017 the investigator issued the latest known refusal to open a criminal case. The case file does not contain a copy of the decision. On 31 August 2017 the prosecutor quashed the refusal. RELEVANT DOMESTIC LAW AND PRACTICE 87.     For the relevant provisions of domestic law on the prohibition of torture and other ill-treatment and the procedure for examining a criminal complaint, see Lyapin   v. Russia , no.   46956/09, §§ 96-102, 24 July 2014, and Ryabtsev v. Russia , no.   13642/06, §§ 48 ‑ 52, 14 November 2013. 88 .     Paragraph 16 of the Instruction on the police officers’ execution of their obligations and rights in the police departments of the Ministry of the Interior after the persons are taken to police custody (adopted by order no.   389 of the Ministry of the Interior of the Russian Federation on 30   April   2012) provides that a police officer on duty in the police custody shall inform his superior about all cases when a person arrested and taken to the police custody has visible wounds, injuries or is in a state that requires urgent medical intervention. Similar rules have been in force in respect of the police since 2009. THE LAW JOINDER OF THE APPLICATIONS 89.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. PRELIMINARY ISSUES 90.     The Court notes that the Government made preliminary objections in four cases, Zakalyayev v. Russia (no.   24534/10), Garmashov v. Russia (no.   25400/10), Shcherbakov v. Russia (no. 34503/17), Prisyazhnyy v.   Russia (no. 10918/18). Zakalyayev v. Russia, no 24534/10 91.     The Government submitted that the applicant had complained about the alleged ill-treatment for the first time in June 2009, that is more than ten months after the events. They argued that the applicant had not properly exhausted domestic remedies, as he had raised the issue before the trial court which was not competent to examine his allegations of ill-treatment. The applicant should have raised his complaint in separate court proceedings. 92.     The Court reiterates that, in principle, a judicial appeal against a decision not to institute criminal proceedings may offer a substantial safeguard against the arbitrary exercise of power by the investigating authority, given a court’s power to annul such decisions and indicate the defects to be addressed (see Trubnikov v.   Russia (dec.), no. 49790/99, 14   October 2003). In the ordinary course of events an appeal to a court might be regarded as a possible remedy where the prosecution has decided not to investigate the claims. 93.     In the present case, the applicant indeed raised the complaint about ill-treatment during the trial more than ten months after the events in question. About two weeks after his complaint, the investigator refused to open a criminal case. The decision was subsequently quashed. The trial court ordered an additional inquiry into his complaint which resulted in another refusal of 12 October 2009 to open a criminal case. Three days after the decision had been issued, the applicant was convicted. The trial court specifically rejected the applicant’s allegations of ill-treatment as unfounded, referring to the refusal to open a criminal case. The judgment was later upheld on appeal. 94.     Having regard to the fact that the second examination of the applicant’s complaint about the alleged ill-treatment had been ordered, examined and accepted by the trial court and later reviewed by the appeal court within the criminal case against the applicant, the Court finds that the applicant made the domestic courts sufficiently aware of his grievances in respect of the alleged ill-treatment (see Dmitrachkov v. Russia , no.   18825/02, §   39, 16 September 2010). Moreover, following the trial the applicant unsuccessfully challenged the refusal of 12 October 2009 in separate court proceedings. 95.     The Court considers that in the absence of the applicant’s explanation of his inactivity for ten months before he had complained about the alleged ill-treatment for the first time, the investigators, and subsequently the courts, examined his complaint in substance. The investigators issued two decisions, one of which was reviewed by the trial court. It cannot therefore be said that the domestic authorities considered any investigative efforts to be manifestly futile in view of the significant time that had elapsed (see Velikanov v.   Russia , no. 4124/08, § 44, 30   January 2014). The Court finds that the ensuing investigation must be taken into account for the purposes of Article   35 § 1 of the Convention and rejects the Government’s objections. Garmashov v. Russia, no. 25400/10 96.     The Government questioned the date of 31 March 2010 as the date of introduction of the application form. 97.     The Court notes that on 31 March 2010 the applicant dispatched his first letter to the Court, setting out the pertinent facts and alleging a violation of his rights under Article 3 of the Convention. He lodged a completed application form without undue delay on 29 July 2010. The Court, therefore, accepts the date of the applicant’s first letter as the date of the introduction of the application and rejects the Government’s objection. Shcherbakov v. Russia, no. 34503/17 98.     The Government contended that a final decision in respect of the applicant’s complaint about the alleged ill-treatment was the decision refusing to open a criminal case of 15 August 2015. Given that the applicant had lodged his complaint on 29   April 2017, that is more than six months after the final decision, the applicant’s complaint was out of time. They also argued that the applicant had failed to exhaust domestic remedies since he had not challenged the refusal in separate court proceedings. 99.     The Court observes that on 15 August 2015 the investigating authorities issued the first refusal to open a criminal case into the applicant’s allegations of ill-treatment. During the applicant’s trial, on 31   March 2016 the authorities issued another refusal to open a criminal case for the lack of evidence of crime. In less than two months, the trial court, referring to the decision of 31 March 2016, rejected the applicant’s allegations of ill ‑ treatment in its judgment, which was upheld on appeal on 1 November 2016. In such circumstances, the Court finds that the refusal of 15 August 2015 cannot be considered as a final decision in the applicant’s case . 100.     As to the Government’s submission that the applicant failed to exhaust domestic remedies, the Court does not consider that this remedy would have been effective in the present case. As in the case of Mr   Zakalyayev, the Court finds that Mr   Shcherbakov made the domestic courts sufficiently aware of his grievances in respect of the alleged ill ‑ treatment (see Dmitrachkov , cited above, §   39). The Court therefore rejects the Government’s objections. Prisyazhnyy v. Russia, no. 10918/18 101.     The Government argued that the decision of 24 July 2017 of the Pervorechenskiy District Court should be considered as a final decision in respect of the applicant’s complaint about the alleged ill-treatment. Since the applicant lodged his complaint with the Court on 15 February 2018, he had failed to comply with the six-month time-limit. 102.     The Court observes that before the above-mentioned decision, the investigating authorities issued at least four decisions refusing to open a criminal case. On 24 July 2017 the Pervorechenskiy District Court dismissed the applicant’s appeal against the refusal, the latest at that time. Following the court decision, the investigator issued another refusal which was quashed in less than a month, on 31 August 2017. 103.     The Court finds that the court decision of 24 July 2017 therefore cannot be considered as final within the meaning of Article 35 § 1 of the Convention in the chain of the applicant’s attempts to initiate criminal investigation into his allegation of ill-treatment. 104.     The Court concludes that the applicant complied with the six ‑ month time-limit and rejects the Government’s objection.     ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION 105.     The applicants complained that they had been subjected to ill ‑ treatment by State officials and that the State had failed to conduct an effective domestic investigation into those incidents. Mr Zakalyayev, Mr   Yepifanov, Mr Y.Y. Tyurin and Mr R.Y. Tyurin also complained under Article 13 of the Convention that they had no effective remedy in respect of their complaints of ill-treatment. The relevant parts of the Convention provisions read as follows: Article 3 “No one shall be subjected to torture or to inhuman or degrading treatment ...” Article 13 “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority ...” 106.     The Government contested their allegations, maintaining the conclusions of the domestic inquiries which were thorough and comprehensive. 107.     In the case of Mr Avdyukov, the Government also argued that, according to the forensic expert, the applicant’s injuries had been inflicted within six days before his examination on 19 May 2006, that is before the arrest. 108.     In the cases of Mr Avdyukov, Mr Kolykhalov, Mr Fomin, Mr   Yepifanov, Mr Y.Y. Tyurin and Mr R.Y. Tyurin, the Government submitted that the applicants had offered resistance during their arrest and that the officers had proportionally applied physical force to overcome their resistance. In respect of Mr Prisyazhnyy, they stated that the applicant had disobeyed lawful orders of the officers and the force had been lawfully used against him. Admissibility Mr Avdyukov’s alleged ill-treatment on 29 and 30 November 2005 109 .     The Court notes that Mr Avdyukov’s version of the alleged ill ‑ treatment on 29 and 30 November 2005 is inconsistent with the facts of the case. According to him, the officers beat him from the evening 29   November 2005 until the morning of 30 November 2005 which forced him to attempt a suicide. Lacking detailed description of the beatings, the applicant’s allegations are not supported by the evidence in the case. The medical certificate issued by the hospital on the day of the alleged suicide attempt indicated a bruise on his head and cuts on his forearms (see paragraph 8 above). No other injuries supporting his allegations of the longstanding beatings were found. The Court considers that the location of the applicant’s injuries correspond to the conclusions of the Sverdlovskiy Regional Court that they had resulted from his suicide attempt (see paragraph 14 above), when he jumped out of the window breaking the glass. The Court considers that the applicant’s complaint about the events of 29 and 30 November 2005 is therefore manifestly ill ‑ founded and must be rejected in accordance with Article 35 §   3 of the Convention. Mr Prisyazhnyy’s alleged ill-treatment on 14 January 2014 110.     The Court observes that Mr Prisyazhnyy’s alleged ill-treatment on 14 January 2014 is not supported by any medical evidence (see paragraph 79 above) enabling the Court to find prima facie that he was subjected to the alleged ill-treatment by the police officers. His complaint concerning the events of 14 January 2014 is therefore manifestly ill ‑ founded and must be rejected in accordance with Article 35 §   3 of the Convention. Other allegations of ill-treatment 111.     The Court notes that the remaining complaints are not manifestly ill-founded within the meaning of Article   35   §   3   (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible. Merits Credibility of the applicants’ allegations of ill-treatment in police custody and the presumption of fact 112.     The Court observes that all applicants were arrested by the police on suspicion of them having committed various crimes. After spending different periods of time in police custody, the applicants were found to have sustained injuries of various degrees, as recorded by forensic medical experts (see paragraphs 10, 25, 34, 40, 53, 60, 69 and 73 above), the detention facilities or medical institutions (see paragraphs 34, 51, 59 and 82 above). 113.     Having examined the case files and the parties’ submissions, the Court considers that the applicants’ injuries were well-documented and could arguably have resulted from the violence allegedly suffered by them at the hands of the police officers. The above factors are sufficient to give rise to a presumption in favour of the applicants’ accounts of events and to satisfy the Court that the applicants’ allegations of ill-treatment in police custody were credible. Whether an effective investigation was carried out into the applicants’ allegations of police ill-treatment 114.     The Court observes that the applicants’ credible allegations of their injuries being the result of police violence were dismissed by the investigating authorities as unfounded based mainly on the statements of police officers denying the applicants’ ill-treatment (see paragraphs 17, 30, 42, 54, 63, 70 and 84 above). 115.     The investigators’ decisions refusing to open a criminal case (at least two decisions in Mr Avdyukov’s, Mr Zakalyayev’s, Mr Fomin’s and Mr Shcherbakov’s cases, at least five decisions in Mr Garmashov’s case and nine decisions in Mr Kolykhalov’s case) were each time quashed by the superior authorities for having been based on an incomplete inquiry and a fresh inquiry was ordered. The investigators’ most recent refusals to initiate criminal proceedings were upheld by the domestic courts. In the case of Mr Yepifanov, a criminal case was opened but subsequently terminated for the lack of evidence of crime. The decision in the case of the latter lacks any assessment of the applicant’s parents’ statements about his injuries that he had following the arrest (see paragraph 63 above). 116.     As regards the quality of the forensic expert examinations, the Court reiterates that proper medical examinations are essential safeguards against ill-treatment (see Akkoç v. Turkey , nos. 22947/93 and 22948/93, §§   55 and 118, ECHR 2000 ‑ X). In some cases the forensic examinations were conducted with a significant delay after the events or after the applicants had complained about the ill-treatment (five days after the alleged ill-treatment in Mr Garmashov’s case, nine days in the case of Mr   Y.Y. Tyurin and Mr R.Y. Tyurin, two weeks in Mr Yepifanov’s case, more than a month in Mr Avdyukov’s case, about a month in Mr   Zakalyayev’s case, and six months in Mr Fomin’s case). By the time the applicants were examined, precious time had been lost and it was impossible to determine the cause or origin of their injuries ( Tangiyev v.   Russia , no. 27610/05, §   61, 11 December 2012). Besides that, in the cases of Mr Avdyukov, Mr Fomin and Mr Yepifanov the experts were provided with insufficient information to give a proper assessment of the injuries (see paragraphs 10, 53 and 60 above). No forensic medical examination at all was carried out in respect of Mr Prisyazhnyy. 117.     In this connection, the Court considers that significant delays such as in these cases, as well as lack of information provided to forensic experts made it impracticable for the experts to provide adequate answers to the questions raised by the requesting authority (see Mogilat v. Russia , no.   8461/03, § 64, 13 March 2012). 118.     The Court reiterates its finding that the mere carrying out of a pre ‑ investigation inquiry under Article 144 of the Code of Criminal Procedure of the Russian Federation is insufficient if the authorities are to comply with the standards established under Article 3 of the Convention for an effective investigation into credible allegations of ill ‑ treatment in police custody. It is incumbent on the authorities to institute criminal proceedings and conduct a proper criminal investigation in which a full range of investigative measures are carried out ( Lyapin v. Russia , no.   46956/09, §§   129 and 132 ‑ 36, 24 July 2014). 119.     The Court has no reason to hold otherwise in the present cases, which involve credible allegations of treatment proscribed by Article 3 of the Convention. It finds that the State has failed to carry out an effective investigation into the applicants’ allegations of police violence. Whether the Government provided explanations capable of casting doubt on the applicants’ versions of events 120.     The Government maintained the conclusions of the investigating authorities to the effect that the applicants’ injuries had not been attributable to the conduct of the police officers and had been either the result of the lawful use of force by the police in arresting the applicants (Mr Avdyukov, Mr Kolykhalov, Mr Fomin, Mr Yepifanov, Mr Y.Y. Tyurin, Mr   R.Y.   Tyurin) or sustained in other circumstances (Mr Zakalyayev, Mr   Garmashov, Mr Shcherbakov). 121.     In the cases of Mr Avdyukov, Mr Kolykhalov, Mr Fomin, Mr   Yepifanov, Mr Y.Y. Tyurin and Mr R.Y. Tyurin, at the outset the Court notes that it was not provided with any evidence supporting the investigating authorities’ conclusions, apart from the explanations of the police officers against whom the applicants had complained. In the cases of Mr   Yepifanov, Mr Y.Y. Tyurin and Mr R.Y. Tyurin the officers were particularly obliged to report to their superiors about the use of force during the applicants’ arrests in view of their visible injuries (see paragraph 88 above). 122.     In the case of Mr Avdyukov, the Government relied on the applicant’s forensic examination and considered that it had been established that his injuries had been inflicted within six days before his examination, that is before the arrest. The Court disagrees with the Government, as the forensic expert explicitly stated in his repo