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Beaten and sent to the sobering (Case number 20)

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Bruising of the chest, the lower rib injury ... Sergei is still unable to forget "communication" with police officers.

 


November 25, 2003 in Kazan Human Rights Center asked Ionova Maria L.. She said that on Dec. 19, 2003 her husband, Sergey Ionov, was detained by police and taken to the GM "AD". It happened about eight o'clock in the evening. According to Mary Lvovna, in the department of wife beating. Physician of the hospital H. identified the following injuries: bruised rib cage on the right, damage to the lower edges.
A preliminary test was conducted an interview with Maria Ionova Lvovna, Ionov, Sergey Mikhailovich, his friend Robert and physician ambulance S.
We studied the documents:
1) Certificate from the admissions office of the Republican Clinical Hospital, issued Yonov SM 20 November 2003.
2) The decision on refusal to institute criminal proceedings on the application Ionova SM November 30, 2003.
As a result of preliminary examination found that:
November 19, 2003 at 8 o'clock in the morning c Ionov Sergey was absolutely healthy, out of the house, started a 5-year-old daughter in kindergarten and went to work. In ordinary times the night he returned home.
From the conversation with a citizen Ionov, Sergey Mikhailovich became known that on Nov. 19, 2003 in the time period from 19.00 to 21.00, he and his friend Robert came back from the garage where his car repaired. At a stop (about 19.00) they parted. Robert went home, and Ionov on the way home went to rumochnaia. According to Robert, at this time Sergei no visible injury was not. Of feeling unwell, he did not complain.
Co Ionova words, after rumochnaia (approximately 20.00), he went home. At the same time he was detained by police and taken to a GM "AD". Ionov placed in a cell for administrative detainees. In addition to his chamber was unknown to him man. After some time, ions from the camera led police sergeant in field uniform, took him to the next room, where there was another police officer with the rank of sergeant. They are not explaining the reasons Ionova knocked to the floor and began kicking her in different parts of the body. The man offered no resistance, after a while he lost consciousness. When Ionov regained consciousness, he saw that sits in front of the precinct, who asked him some questions. According to a beaten, he did not understand what he was asked because he was in a semi-conscious state. Some time later he again lost consciousness. Ochnulsya Ionov already in the police UAZ, who brought him to a medical detoxification center, where Sergei took a wife.

Duty of medical sobering-up center on the phone said that her husband ill, he can not walk, can not breathe and said that he was beaten in the department OM "D." patrolled by police. In the detoxification center Mary Lvovna showed a report in which it was written that her husband had used foul language and beat his head against the wall in the chamber. On the way home, Sergei began to choke, so Ionova took him to the Republican Clinical Hospital (RCH), where the doctor put Sergei H. diagnosis - bruised rib cage. This is confirmed by certificate of the receiving department RCH. Ions are in the emergency room with RCH 00.20 am to 01.00 pm on November 20. This is also confirmed by the above certificate. RCH doctor advised him the next day to consult a surgeon, so the wife Ionova left home.
Around 8-9 am, November 20, 2003 Sergei again began to choke, his wife called an ambulance. He took him to the 15 th city hospital, where he was examined. From the words of an emergency doctor, S., for ions, SM have been identified: the injury of the lower ribs, was his kidneys, the patient complained of shortness of breath, chest pain. There were no injuries and head injuries Ionova doctor was found.
From the words of health professionals 15-th city hospital, Ionov, ML learned that Sergei pneumonic broken ribs and kidneys. Sergei in an ambulance transported the 12-th city hospital where he underwent surgery. The doctor stated that the blow struck the edge light, it formed a hole through which the light-filled air. If the patient is not operated in time, he would, and died a week later.
The decision not to institute criminal proceedings on 30 November 2003, issued a senior investigator of the Volga region city of Kazan stated the following. Ionov, while in the chamber for administrative detainees, squatting and hitting his head on the wall. Also in the decree has repeatedly stated that on the face of ions was galling. According to police, he got it in rumochnaia. The resolution makes no mention of injuries of the chest, the doctors recorded the 12 th, 15 th Hospital of Kazan and the RCH, which caused the need for Yonov emergency operations. On the fact of causing bodily harm in Yonov rumochnaia check is not carried out, the criminal case was opened.
Thus, analyzing the material testing, we can assume that the actions of unidentified police officers found signs of a crime under Art. 286 Part 3, paragraph "a" of the RF Criminal Code - the commission of an official action is clearly beyond the powers and involve a substantial violation of the rights and lawful interests of citizens by force or threat of force.
Also in action unidentified staff OM "D." discernible signs of art. 3 of the European Convention on Human Rights and Fundamental Freedoms, as the police, as representatives of the State in the premises of police station was Ionova SM inhuman and degrading treatment, causing him bodily harm.
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 authorities of physical force, the burden of proof clearly rests with the authorities conducting the detention of a person, and that they should explain the occurrence of injuries (Decision of the European Court of Human Rights on 28 July 1999 Selmuni v. France).
Based on the foregoing, I believe,
1.Predvaritelnuyu tested on the material considered complete.
2.Na the basis of screening can be concluded that in this case, the elements essential to a violation of Article. 3 of the ECHR.
3.Organizovat conduct a public investigation.
Specialist public inquiries
Human Rights Centre of Kazan


Chronicle Antiproizvola

2003
November 30
Senior investigator of the Volga region city of Kazan Kolbasov AN a ruling on refusal to initiate criminal proceedings against the officers on duty of the OM "groves" of the Volga city of Kazan police department.

2004
January 27
Republic of Tatarstan Public Prosecutor's Office ordered the cancellation of the refusal to institute criminal proceedings and a criminal investigation by item "and" Part 3 st.286 the Criminal Code in respect of Smetanina O.

April
Prosecutor's Office of the Volga region city of Kazan case was sent to the district court.

May 12
The trial took place. Continuation of the process is scheduled for May 19.

May 19
Volga Federal District Court found Sergeant MIA Smetanina O. guilty of a crime under part 3 p.a st.286 and sentenced to Chhetri years 'imprisonment, with the use of Article 74, to three years' probation. Also Oleg Smetanina denied the right to occupy the position in law enforcement for 3 years.

Counsel provided to the affected Sergei Yonov filed a lawsuit against the administration of the Volga region to recover compensation for moral damage.

November 23
Volga Federal District Court Kazan, examined in open court case on the claim, said that:
Replace improper defendant.
Invite as a defendant in a lawsuit Ionova SM Ministry of Finance.
Release the administration of the Volga region city of Kazan to participate in as a defendant and to bring her to participate in the same process as a third party without independent claims.
The trial postponed and set for December 16, 2004.

December 16
Volga Federal District Court in Kazan, examined in open court case on the lawsuit, decided:
In the lawsuit Yonov SM to the Ministry of Finance to recover compensation for moral harm to refuse.

December 27
Lawyer filed an appeal to the Judicial Board on Civil Cases of the Supreme Court of the Republic of Tatarstan on the Volga district court decision Kazan on 16 December, which denied the claim shall Ionova SM to the Ministry of Finance to recover compensation for moral damage.

2005
February 3
The Supreme Court upheld a complaint RT lawyer and sent the case to judicial review in the Volga Federal District Court in Kazan.

February 17.
The trial adjourned on April 11, resulting from the failure of third parties.




These are the facts gathered in the course of its 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.

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