torture, Mikheyev tried to jump out of the window and broke his spine in the process. On the
same day, the supposedly disappeared girl returned home unharmed.
Between September 1998 and 2005, investigations were opened, discontinued and
reopened more than fifteen times after repeated decisions by various supervising
prosecutors and district courts. Most of these investigations were short. In several cases they
were carried out by the same investigators, and tended to rely on the findings and line of
inquiry of earlier investigations. It was only due to the persistence of Mikheyev and the NGO
Nizhny Novgorod Committee against Torture working on his behalf, which had submitted his
case to the European Court of Human Rights in November 2001 that the authorities
proceeded with the case and finally brought charges against two individuals in 2005. During
the trial, the Court for the first time sought to assess comprehensively all the available
evidence, including expert testimony. On 30 November 2005, two officers were found guilty
of abuse of office and sentenced to four years imprisonment.
The European Court of Human Rights found that Russia had violated Articles 3 and 13 of the
European Convention on Human Rights. In examining the investigations, it found, inter alia,
that:
“(para.113) … A number of investigative measures were taken very belatedly;
(para.114) Not until 2000, following the transfer of the case file to another
investigator, did the investigation move forward and new arguments and information
appear in the investigator’s decision. However, precious time had been lost, and in
the Court’s view, this could but not have a negative impact on the success of the
investigation;
(para.120) The Court emphasises furthermore that the case did not reach the trial
stage until seven years after the events complained of. The pre-trial investigation was
closed and then re-opened more than fifteen times, and it is clear that during certain
periods the investigative process was no more than a formality with a predictable
outcome….;
(para.121) In the light of the very serious shortcomings identified above, especially
during the course of the investigation, the Court concludes that it was not adequate or
sufficiently effective. The Court thus dismissed the Government’s objection based on
non-exhaustion of domestic remedies and holds that there has been a violation of
Article 3 of the Convention under its procedural limb in that the investigation into the
alleged ill-treatment was ineffective.”
The judgment of the European Court of Human Rights has not changed torture investigations
in Russia. Investigations continue to be delayed and ineffective as a result of procedural
circularities. Complaints about torture are regularly met with a hostile reaction by the police
or inspection authorities that have in several reported cases failed to register the complaints
or not acted upon them. If an investigation is opened, it is often delayed by several days if
not weeks. The measures taken by the police and prosecution are often cursory. The
Prokuratura has apparently limited its investigations to requesting information from the
superior of the suspect and, when a general reply is made that no torture or ill-treatment had
been committed, it is decided to close the case. Cases have been closed without victims
being questioned and sometimes even in spite of available evidence indicating the
commission of torture. In the face of a deficient practice of securing medical evidence, torture
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