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The police officer, convicted for torture, escaped from punishment

News

12 April 2019
Convicted police officer Oleg Kashtanov

Yesterday, on 11 April 2019, judge of the Volodarsky District Court of the Nizhny Novgorod region Irina Ermakova declared the district police officer Oleg Kashtanov to be guilty of electricity torture and the battery of a detained person in 2008 and sentenced him to three and a half years of conditional term. Due to the expiry of the period of limitations, Kashtanov is released from punishment. Since the persons guilty of torture escaped from punishment, lawyers with the Committee Against Torture applied to the European Court of Human Rights on behalf of Lyapin.

The story of Sergey Lyapin, who applied for legal assistance to the Committee Against Torture on July 9, 2008, is as follows. According to Sergey, during the night of the 24th – 25th of April 2008 he was collecting scrap metal near one of garage blocks of Ilyinogorskoye settlement (the Nizhny Novgorod region). All of a sudden he was detained by security police officers from the Volodarskiy police department, as he was told, “on suspicion of committing thefts”, and delivered to the local police department.

According to the applicant, at the police department first he was beaten up, and then the police officers started to torture him with electricity.

“In order to increase the effect they poured water on electrical contacts and my hands. Several times I passed out”, - Sergey recalled.

Later the detainee was subject to the investigation formalities and the judge of the peace sentenced Sergey to 5 days of administrative arrest “for disobeying the police”, after that he was sent to a special detention centre to serve his sentence.

On 26 April Mr. Lyapin grew worse and from his cell he was taken first to a trauma station in Nizhny Novgorod, and then to hospital. There he was diagnosed with numerous injuries and traumas: concussion, chest contusion, thermal burns on both hands.

Upon the completion of two-days treatment course (Sergey never served full administrative sentence), Lyapin applied to the investigative authorities with a complaint against the actions of the police officers. However, the check that the Dzerzhinsky Interdistrict Investigative Department of the Investigative Committee under the Prosecutor’s Office of the RF for the Nizhny Novgorod region performed based on this complaint was highly inefficient. During one and a half year investigators issued at least ten refusals to initiate criminal proceedings, nine of these refusals were declared illegal.

Having exhausted all remedies for Sergey Lyapin at the national level, human rights defenders were forced to submit a complaint to the European Court of Human Rights. On 24 July 2014, the Strasbourg judges acknowledged the fact of Sergey’s tortures in their ruling, as well as established that the investigative authorities did not conduct an adequate investigation of this fact. The applicant was awarded a compensation in the amount of 45 000 Euro.

On 20 January 2016, the Presidium of the Supreme Court of the Russian Federation satisfied the motion for resuming the proceedings with regard to Lyapin’s complaint of torture due to the new circumstance – the European Court of Human Right’s ruling.

On 16 March 2016 investigator of the Investigative Department for Dzerzhinsk of the Investigative Department of the Investigative Committee of the Russian Federation for the Nizhny Novgorod region Roman Shamshutdinov initiated criminal proceedings  based on the fact of Sergey Lyapin’s tortures.

During the preliminary investigation the criminal case was illegally suspended four times, due to which the indictment was sent to the Prosecutor’s Office of the Volodarsky District only two years after it was opened – on 9 April 2018.

On 17 May 2018, during the court hearing defendant Vitaly Starikov asked the court to dismiss criminal prosecution against him due to expiry of the state of limitations with regard to the alleged crime. Judge Irina Ermakova satisfied this motion.

After that the court hearing continues only with regard to the second defendant – Oleg Kashtanov, who is active police officer.

On 8 April 2019, in the course of discussions, State Prosecutor Valeriya Guschina deemed that the defendant’s guilt in the charged crime is proven and asked the court to sentence Oleg Kashtanov to four years’ conditional term with release from punishment due to expiry of the period of limitation for bringing to criminal responsibility.

Kashtanov himself did not acknowledge his guilt.

Today, judge of the Volodarsky District Court Irina Ermakova declared Mr Oleg Kashtanov to be guilty of the crime under  district police officer Oleg Kashtanov to be guilty of committing a crime under items “a”, “b” of part 3 Article 286 of the Criminal Code of the Russian Federation (“abuse of office using violence and special equipment”) and sentenced him to three and a half years of conditional term.  Due to the expiry of the period of limitations, Kashtanov is released from punishment.  

“This case illustrates how our country, in essence, executes the rulings of the European Court of Human Rights only partially. Despite the acknowledgement of Lyapin’s rights violations and awarding him a serious compensation, the Russian authorities later on never performed any independent steps to search the guilty of tortures, – lawyer with the Committee Against Torture Yulia Osipova comments.  – Only due to work of our lawyers one and a half years after the ruling of the European Court we successfully insisted that Supreme Court of Russia resumed the proceedings related to Lyapin’s torture complaint Subsequently, the initiated criminal case was suspended illegally four times – all this allowed the police officers, guilty of torture, to escape from punishment”.     

It is worth noting that on 3 September 2018, lawyers with the Committee Against Torture submitted a second complaint to the European Court of Human Rights in the interests of Sergey Lyapin, since Russian investigative bodies did not conduct an adequate investigation with regard to this fact.