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A confession or life? (Case number 12)

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After the interrogation, Arthur confessed to the attacks on four girls, and got ... 12 years for "barbed wire"



 

23.09.03. Human Rights Centre in the city of Kazan received a letter from a citizen Fazleeva Raufovich Arthur, who is serving a sentence in the establishment of REs 148/19 UIN RF Ministry of Justice of Tajikistan.

In his letter, citizen Fazleev reports that 15.05.02. evening in the Victory Park city of Naberezhnye Chelny, he was detained by police and taken to the police department Borovetskoe. Inside the police department he once led into the office number 404 to the security officer of Criminal Investigation B. and H., which began to demand a declaration of several crimes - assaults on girls. Fazleev has denied any involvement in the crime, after which the security officers began beating him. These actions continued throughout the night security officers and the first half of the next day. The next day the investigator Borovetskogo police department held a recognition, at which the victim identified the girl Fazleeva. Then Fazleevu charged against him and was elected as a preventive measure - detention. Subsequently Fazleev was convicted of sexual assault on art. 132 Part 2 of the Criminal Code.


In order to conduct checks on the complaint to the institution UE-148/19 was directed counsel of the central legal advice Kamalov, who held talks with Fazleevym. In a personal conversation Fazleev reported that beat him in the main detective N., which causes him punching and kicking in different parts of the body. He also beat him with a baseball bat, a rubber stick and a plastic bottle filled with water. This Fazleeva hands were handcuffed, buttoned in the "back". When the beating was present security officer, which "played a good policeman" and offered to confess to crimes and write the surrender.

The audit examined the materials of the criminal case against Fazleeva.

A study of the criminal case is established:


- Fazleev was arrested on suspicion of committing a crime under Art. 132 Part 1 of the Criminal Code 16 May 2002 at 09.00 hours.

- 16 May 2002 at 17.15 Fazleev questioned as a suspect in the presence of standby counsel. During interrogation Fazleev denies any involvement in the crime.

- 16 May 2002, two dated the surrender received from Fazleeva o / u ESD Borovetskogo ROVD

- May 17, 2002 Fazleev again questioned as a suspect without counsel. Fazleev give confessions.

- May 21, 2002 during the forensic Fazleevu was given the conclusion that Fazleeva were found injured in the form of bruises in the interscapular region to the left and the left buttock, which were obtained from the effects of blunt solid objects. Prescription for within 3-5 days from the date of the examination, ie injuries he received after the arrest.

- May 23, 2002 Fazleevu charged with committing the crimes set forth st.st.132 Part 2 "in" 162, Part 1, Part 2, Section 132 "as in" 162, Part 2, Section "b" of the Criminal Code. Guilt Fazleev not recognized and stated that the surrender written under pressure from the criminal investigation.

- June 4, 2002 Fazleev filed a complaint with the prosecutor of the city of Naberezhnye Chelny on the fact of physical and psychological pressure by police.

- 19 June 2002 issued an order to dismiss a criminal case on the complaint Fazleeva. Conclusion forensics was not taken into account. Arguments Fazleeva been refuted by the testimony of only two members of the criminal investigation and provides the motivation that the guilt Fazleeva proof of the criminal case that has no relation to cases of violence against Fazleeva.

On the basis of the European Court of Human Rights on article 3 of the ECHR - if a person gets injured while in custody as a result of the use of physical force by the authorities, they should prove that the use of physical force was due to the conduct of detainee and its application was absolutely necessary. The burden of proof clearly rests with the authorities conducting the detention of a person, and they should explain the occurrence of injuries. (Decision of the European Court of Human Rights on 27 August 1992 Tomasi (Tomasi) v. France)




The inspection, the following facts:


- To detain him Fazleeva there was no injury,


- Injuries have Fazleeva appeared at the time of stay in the police


- A valid reason for Fazleevym injury law enforcement agencies have been reported,


- A perceived violation of Article 3 ECHR


- Actions of police officers may be qualified for Part 3. 286 of the Criminal Code.


- An effective official investigation on the application Fazleeva the application against him of torture by law enforcement agencies has been undertaken,


- A perceived violation of Article 13 of the ECHR


- During the preliminary investigation Fazleevu not been provided with counsel


- A perceived violation of Article 6 ECHR


- A perceived violation of articles 49 and 51 of the Code



Based on the foregoing, I consider it necessary institution case of violation of Art. 3 of the European Convention for the Protection of Human Rights and fundamental freedoms and take it to the production of Human Rights Center of the city of Kazan.

Specialist investigations
Human Rights Centre of Kazan







Chronicle Antiproizvola

2004 January 20
Procurator of the Republic of Tatarstan, in response to remarks by a representative Fazleeva AR (attorney Kamalov, VK) set aside an order to dismiss a criminal case against the employee Borovetskogo police department, given the fragmentary results of the inspection, the material is sent for additional testing.

These are the facts gathered in the course of Human Rights Center of Kazan public investigation. All statements and explanations given to citizens voluntarily. Not all of these facts can be confirmed by state authorities. Employees of the Human Rights Centre of Kazan confident that the facts indicate misconduct of agents of the state. Human Rights Centre reserves the right to seek an effective official investigation on them, including international institutions.

We will provide more detailed information, facts and evidence in each case. To do this, write us a letter.


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