CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sB853CD26 { font-family:Arial; font-size:8pt } .sD66075BF { font-family:Arial; font-size:8pt; font-style:italic } Published on 5 February 2024   THIRD SECTION Application no.   16678/17 Leyla Nazyrovna CHEMURZIYEVA against Russia and 4 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 11 January 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 3 of the Convention relating to torture or inhuman or degrading treatment which are the subject of well-established case law of the Court (see Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014 and Samesov v. Russia, no. 57269/14, §§ 54-63, 20   November 2018).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 3 of the Convention (torture or inhuman or degrading treatment) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Factual information Medical evidence of ill-treatment Date of first complaint Decision issued in response to complaint of ill-treatment Decision under Article 125 of the CCrP Appeal decision Other complaints under well-established case-law     16678/17* 20/02/2017 Leyla Nazyrovna CHEMURZIYEVA 1984     Vanessa Kogan Moscow   On 31/10/2015, when the first applicant (to be referred to as the applicant) was driving in the vicinity of a special operation against illegal armed groups in Nazran, Ingushetia, the police shot at her car. She received several firearm wounds and was taken by the police to the Ingushetia Clinical Hospital. Between 31/10/2015 and 07/11/2015 her room was guarded by the police and no visitors were allowed. Within that time frame law-enforcement officers visited her regularly and subjected her to ill-treatment to force her to confess to being a member in an illegal armed group: they twisted her wounded arm, strangled her, pressed on her wounds to make them bleed and threatened her with rape and murder. They did not let the doctor to come into the room. On 05/11/2015 the first applicant was officially detained as a suspect at the hospital/On 07/11/2015 the Magas Town Court placed her under arrest. Forensic examination report no. 565 of 31/12/20216 by the Nazran Forensics Bureau: penetrating gunshot wound to the left shoulder, tangential gunshot wound to the left elbow joint, chest gunshot wound on the left side. On 07/11/2015 the applicant’s lawyer complained of her ill-treatment and unlawful detention at the hospital/On 10/11/2015 the lawyer asked to perform a forensic medical examination of the applicant and her hospital linens with the traces of blood appeared as a result of the pressing on the wounds /On 25/12/2015 the examination confirmed that the blood on the linen could belong to the applicant and on 31/12/2015 it found, based on the hospitalisation records, that it was impossible to establish whether mechanical pressure had been applied on the applicant’s wounds as they had already healed/On 14/03/2016 authorities refused to open a criminal case against the officers who had opened gunfire at the applicant; the allegations of ill-treatment and unlawful detention were left unexamined/On 28/03/2016 an investigator refused to open a criminal case into the alleged ill-treatment: the applicant’s allegations were unsubstantiated and her hospital room had been guarded by the police for her own safety. On 26/04/2016 the Magas Town Court refused to examine the complaint against the refusal of 28/03/2016 as the criminal case against the applicant had been transferred to a local court for trial/On 11/08/2016 the Magas Town Court convicted the applicant of membership in illegal armed groups and sentenced her to 8 year’s imprisonment. It left the allegations of ill-treatment and unlawful detention at the hospital without examination/On 20/11/2016 the Ingushetia Supreme Court upheld the conviction and lowered the applicant’s sentence to 6 years’ imprisonment. Art. 5 (1) - unlawful detention - Between 31/10/2015 and 05/11/2015 the first applicant was subjected to unrecorded detention at the hospital (see Fortalnov and Others v.   Russia , nos. 7077/06 and 12 others, § §79-82, 26 June 2018) .       45034/18 12/09/2018 Aleksandr Grigoryevich KIM 1981   Yekaterina Vanslova Nizhniy Novgorod On 21/02/2017 the applicant was subjected to an identity check in the Moscow metro owing to his Asian appearance. In reply to the applicant’s statement that the check based on racial profiling was unlawful, police officer P. used physical force against the applicant while dragging him to the metro’s police station. Medical certificate of 21/02/2017 by the Moscow City Hospital no. 129: fracture of the base of the first finger of the left hand and abrasion of the third finger of the left hand. On 21/02/2017 complaint to police station no.6 in Moscow/On 15/04/2017, 03/06/2017 and 10/09/2017 refusals to open a criminal case as the use of force against the applicant was justified, although the latter had not used physical force against the officer. On 08/05/2018 the Cheremushki District Court rejected the applicant’s complaint against the last refusal without assessing either the necessity or proportionality of the physical force used against the applicant/On 13/06/2018 the Moscow City Court upheld that decision on appeal.       50874/19 10/09/2019 Ruslan Sergeyevich SEMOV 1982   Ilnur Ilgizovich Sharapov Moscow On 05/05/2018 the applicant participated in Moscow in a manifestation against President Putin’s re-election. He was taking close-up photos of police officers who were dispersing the crowd when one of them hit him twice with a truncheon, on the left arm and shoulder. The officer’s photographs were taken by the applicant’s colleagues. Medical certificate of 05/05/2018 by the Moscow City Hospital no. 4: contusion, haematoma of the left shoulder and left forearm. On 11/05/2018 compliant to the Moscow investigative committee/On 07/12/2018, 08/05/2019 and 31/05/2019 refusals to open a criminal case as the use of physical force was necessary. The refusals, save for the last one, were overruled by the investigators’ superiors as unlawful and premature. The applicant appealed against the refusal to the Tverskoy District Court in Moscow/On 23/04/2019 the court refused to examine it as the impugned decision had been overruled by the investigators’ superiors/On 03/06/2019 the Moscow City Court upheld that decision on appeal.       48843/22* 23/09/2022 Anna Alekseyevna RAKHIMOVA 1993   Danil Ilnurovich Nurgaleyev Kazan On 31/01/2021 during a political rally in Kazan police officers beat the applicant with truncheons on various parts of her body. She was then taken to a police station and released on 01/02/2021. Medical certificate of 02/02/2021 on the applicant’s examination carried out on 01/02/2021 at outpatient hospital no. 7 in Kazan: bruises of soft tissue, hematomas of the right shoulder, right hip and lower back, closed fracture of the 10th right rib. Forensic expert examination of 16/03/2021 by the Tatarstan Forensic Bureau: bruises of soft tissue, hematomas of the right shoulder, right hip, and lower back, closed fracture of the 10th right rib. The injuries could not have been obtained as a result of a fall from the patient’s height. On 05/02/2021 complaint to the Vakhitovskiy investigative department in Kazan/On 12/03/2021 and 11/05/2021 the complaint forwarded to the internal investigations department/On 24/05/2021 refusal to open a criminal case as no physical force had been used against the applicant. Subsequently, on 18/03/2022 and 22/04/2022 and then on 02/06/2022 the investigators refused to open a criminal case; the applicant was informed thereof only after 18/03/2023. On 24/06/2021 the Vakhitovskiy District Court rejected the applicant’s appeal against the refusal of 24/05/2021/On 24/08/2021 the Tatarstan Supreme Court remitted the complaint for a fresh examination. On 06/09/2021 the District Court again rejected the appeal and on 16/11/2021 the Tatarstan Supreme Court quashed the refusal and ordered that the investigators remedied numerous procedural violations. On 01/02/2022 the applicant appealed against the investigators’ inaction before the District Court which on 28/02/2022 rejected her complaint as a new inquiry into the ill-treatment had been opened on 17/02/2022. On 10/06/2022 the Tatarstan Supreme Court upheld that decision on appeal.         16804/23* 31/03/2023 Konstantin Ramazovich MIKHAYLOV 1991   Danil Ilnurovich Nurgaleyev Kazan On 10/08/2019 the applicant took part in a peaceful manifestation for fair elections to Mosgorduma. He was approached by four officers of the National Guard Service who grabbed him, threw him on the ground, twisted his arms behind his back, hit him on his torso and carried him to a police bus. The applicant did not resist. Just before putting him into the bus, the officers kicked him on his legs and banged his head against the vehicle. Medical certificate of 11/09/2019 by the Moscow Municipal Clinic: bruises on the top of the head, neck, right shoulder and left shoulder blade, a knee injury. Medical certificate of 11/09/2019 by traumatologist from a private clinic: knee injury and bruises on the head, neck, right shoulder and left shoulder blade. On 15/08/2019 complaint to the Basmanniy district investigative committee/No reply followed. At some point later the applicant learned that the complaint had been transferred to the National Guard Service for an internal inquiry. On 30/09/2019 the applicant lodged a complaint with the Basmanniy District Court of Moscow challenging the inaction of the investigating authorities/Four decisions by the District Court were quashed on appeal. The fifth decision of 26/10/2022, was upheld on appeal on 12/12/2022 by the Moscow City Court. The courts found that the investigators had acted within their discretionary powers when they had decided to transfer the complaint for an internal inquiry.