The Orenburg region Prosecutor’s Office ordered to resume the check with regard to the application of Aleksey Kondrashov from Maly Surmet settlement of the Orenburg region – according to him, in the August of last year, the police officers beat him up, broke his rib and inflicted a brain concussion. The Prosecutor’s Office quashed the illegal ruling after almost seven months after it was issued and only after the lawyers with the Committee Against Torture applied to court. Human rights defenders will submit applications to superiors of law-enforcement bodies with regard to the fact of the red tape committed.
On 4 September 2019, Aleksey Kondrashov from Maly Surmet settlement of the Orenburg region applied to the Committee Against Torture for legal assistance. According to him, on 29 August 2019, he and his son Sergey were busy putting hay in the trailer of his tractor. At about 10 a.m., six people in civilian clothes drove to their house – three of them got over the fence, while three more, according to Aleksey, got inside the house.
The men introduced themselves as police officers and told the head of the family that they were looking for his second son Yury on suspicion of robbery. Kondrashov-the elder replied that he did not know anything about Yury’s whereabouts and started to express his indignance at the police officers’ abuse of power, who entered the house without the court ruling and without asking the house owners for permission. At Aleksey’s demand, the second group of the police officers left the house and came outside, after that the head of the family went to the tractor which he did not have the time to shut down due to the visit of law-enforcement.
“I was walking towards the tractor. I did not reach it at the moment when three police officers hurried after me like vultures from my back. They brought me on the ground face down, and started to hit and kick my body and head and attempted to twist my hands behind my back. They wanted to tie my hands up with a belt. They also hit my neck, shoulders… One of them hit me painfully with his knee at my back “, – Aleksey Kondrashov recalls.
According to Aleksey, physical force was also applied against his son Sergey.
At this time Aleksey’s wife Klavdiya returned home, who attempted to interfere and hamper the police officer’s tying her son up – according to her, she was pushed rudely aside several times and called names.
The police officers tied Aleksey and Sergey’s arms with belts, put both of them in the vehicle and took them to the police department.
From the police department they were taken to hospital where both were tested for alcohol intoxication (as the tests showed, both were sober). The relatives picked the Kondrashov father and son from the police department.
On the next day, Aleksey Kondrashov applied to hospital. He was diagnosed with numerous injuries: bruises and hematomas on his face and head, closed craniocerebral injury, brain concussion, broken tenth rib on the right near the scapulocostal line.
Later on, the medical forensic specialist indicated in his conclusion that Aleksey Kondrashov’s bodily injuries might have been developed under the circumstances on which he informed initially. The specialist indicated that the brain concussion, hypodermic hematoma of the left temporal region, paraorbital hematoma on the left, bruise on the forehead developed from no less than three impact traumatic forces, and the closed fracture of the tenth rib on the right developed from, at least, one impact traumatic force at the point of fracture.
On 30 August, Aleksey Kondrashov applied to the Prosecutor’s Office with a complaint against the police officers. It was forwarded to the Abdulinsky Interdistrict Investigative Department of the Investigative Committee of the Russian Federation for the Orenburg region.
The police officers also applied to the Investigative Committee. They stated that they did not beat the Kondrashov father and son, but applied physical force against them legally because Segey threatened them with hay fork and Aleksey, at first, threatened them with a spanner, and later hit one of the law-enforcement officers with it.
Investigator Ilyas Salikov dealt with investigation of both versions of events. On 29 September, he refused to initiate criminal proceedings, considering the behavior of the police officers, as well as the Kondrashov father and son’s behavior, to be legal.
On 14 October, head of the Investigative Department Sergey Kornilov quashed the ruling of investigator Salikov, however, the latter, having failed to perform a single checking activity, once again refused to initiate criminal proceedings.
It repeated once again, and on 1 December, investigator Salikov refused to initiate criminal proceedings for the third time.
On 15 April 2020, lawyers with the Committee Against Torture applied to the head of the Investigative Department demanding to quash the last refusal as illegal.
“Having failed to receive an response to their application, the lawyers appealed against the inaction of the head of the Investigative Department at the regional Investigative Department, however, there human rights’ arguments were ignored, and, in violation of the law, the application was handed over to head of Investigative Department Sergey Kornilov – the very same executive officer, whose inaction the lawyers of the Committee Against Torture were appealing against.
On 25 May 2020, human rights defenders appealed to the Abdulinsky District Court with a complaint against the ruling to refuse to open a criminal case. The trial was postponed many times due to the fact that the materials of the check were with the Prosecutor’s Office.
Today, lawyers with the Committee Against Torture received a ruling by Deputy Head of the Prosecutor of the Orenburg region Andrey Vyazikov, by which he reasonably quashed the illegal refusal of the investigator.
“In particular, the Prosecutor pointed at the necessity to conduct a situational medical forensic examination, as well as ungrounded and unsubstantiated conclusion of the investigator that Aleksey Kondrashov “has a hostile feelings towards the law-enforcement officers”, – lawyer with the Committee Against Torture Timur Rakhmatulin comments. – We are certainly satisfied with the ruling of the Prosecutor’s Office, however, we are puzzled by the fact that the dismissal was quashed after almost seven months, and, secondly, only after applying to court. Taking into account the mentioned circumstances, we intend to ask the superiors of the regional investigative department and the Prosecutor of the region to perform a check regarding their subordinates concerning the committed red tape and violation of the rights of victim Aleksey Kondrashov”.