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The European Court passed a ruling in the case of a resident of Yoshkar-Ola which was opened thirteen years ago

News

03 December 2019

Today, on 3 December 2019, the European Court of Human Rights passed a ruling in the case of Aleksey Konakov from Yoshkar-Ola. The Strasbourg judges established that the applicant was subjected to tortures by the police officers in 2006, and the state did not perform an effective investigation of this incident. The applicant was awarded a compensation in the amount of 25 000 Euro.
 
Yoshkar-Ola resident Alexey Konakov was detained by the Mariy El drug police on March 12, 2006 and delivered to the Department of the Federal Drug Control Service for the Republic of Mariy-El (FDCS).

According to Alexey, the drug police officers were beating him there for 3 hours, demanding that he confessed of purchasing and selling narcotic substances. They put a gas mask on Konakov’s head and shut the air off.

Despite the battery, Konakov did not confess of the crimes he was charged with. During the search performed at Konakov’s apartment, no narcotic substances or prohibited objects were found.
 
After the search, Konakov was taken to the Pre-Trial Detention Facility. During admittance to the Pre-Trial Detention Facility, he complained of stabbing pains in the waist area. The applicant was inspected, bruises on the right cheek, hematoma of the right ear, extravasations of the left ear lap, numerous extravasations on the right shoulder, on the neck from the right, hematoma on the right elbow, swelling and bruise on the left wrist, bruise on the right wrist. The corresponding record was made in the primary medical inspection manual.

On 14 March, Konakov was released from the Pre-Trial Detention Facility.

Aleksey applied to the investigative authorities with a crime report, however, the criminal case against the police officers was never opened.

Having failed to restore the violated rights of the applicant, on 14 November 2006, lawyers with human rights organizations “The Committee Against Torture” and “The Man and the Law” submitted an application to the European Court of Human Rights.

Today, a ruling on this application was passed.

The Strasbourg judges unanimously established that:

– a violation of Article 3 of the Convention took place in the material part (the applicant was subjected to torture),

– a violation of Article 3 of the Convention took place with regard to the absence of the effective investigation of the applicant’s claims on having been tortured by the police officers,

With regard to this, Aleksey Konakov was awarded 25 000 Euro as a compensation for moral damage.