A criminal case of the police battery is dismissed in Bashkiria


10 January 2018

Investigator of the Birsky Investigative Department of the Investigative Committee of the Russian Federation for the Republic of Bashkortostan Bulat Galiyev dismissed the criminal case on applying illegal violence against Aleksey Galiullin at the local police department. According to the investigator, “the claims of Galiullin about intentional pressure inflicted at him by the police officer in the area of his neck were not proved”. Lawyers with the Committee Against Tortures intend to appeal against this investigator’s ruling.

(Aleksey Galiullin)

As we have previously reported, Aleksey Galiullin applied to human rights defenders for legal assistance on 29 March of last year. In his explanation to the human rights defenders Aleksey Galiullin reported that on 22 February his friends and he were having a rest in the sauna in the city of Birsk. When then session was over they had a conflict with the employees of the sauna because of the mess that the guests had left. A district police officer and representatives of Federal National Guard Troops Service arrived to resolve the conflict. But the conflict was not resolved. On the contrary, the law enforcement representatives that had arrived turned out to be the third participant of this conflict. In the end, it was decided to take Aleksey to the police department of Birsk district. According to Galiullin, while they were taking him to the official car one of the representatives of Federal National Guard Troops Service pushed him on his back so that Aleksey fell and hit his head against the ice.

– I did not provide any personal data in the police department referring to Article 51 of the Constitution and I also refused to give my fingerprints, – said Aleksey. – I said that I had the right to an attorney, but they did not let me call for a lawyer.

According to Galiullin, the law enforcement representatives tried to make him give his fingerprints using force, as a result he was pushed to the floor, his arms were put behind his back and he was handcuffed.

– One of the officers pressed my neck with his knee, and I felt severe pain and started to groan unnaturally because I could not cry, – remembered Aleksey.

According to Aleksey, the noise they were making attracted another police officer who came from another room; he demanded to stop the violence against Aleksey and also requested to take off the handcuffs. After that Aleksey was allowed to write a report to the head of this police department about the events that had taken place.

Sometime later Galiullin felt severe pain and dizziness, so the ambulance was called for him and took him to the central city hospital of Birsk.

In the hospital Aleksey was diagnosed with: “Concomitant injury. Closed craniocerebral injury. Brain concussion. Brain contusion (light form). Rotatory subluxation of the second neck vertebra. Ring shoulder joint injury. Ligaments train, numerous hematomas of the right wrist join”.

Aleksey spent in hospital twenty-three days; currently he is at home receiving treatment and wearing a neck brace. The forensic medical examination prescribed by the investigator determined that Aleksey’s injuries “are considered to be injuries that inflicted moderate damage to the person’s health”.

Galiullin’s report addressed to the head of the police department was redirected based on the consequences to Birsk interdistrict investigation department of the RF Investigation Office of Investigation Committee for the Republic of Bashkortostan. On 25 March 2017 investigator from this department Bulat Galiyev issued an order to refuse to open a criminal case due to the absence of criminal elements in the actions of the law enforcement representatives. He considered that they had rightfully used physical force.

Aleksey Galiullin’s lawyer Pavel Kiselev successfully insisted on quashing this refusal, after that additional check was assigned. Based on its results, on 26 April of last year Deputy Head of the Investigative Department Vadil’ Nurmukhametov initiated a criminal case on abuse of office.

In eight months, on 25 December 2017, investigator Bulat Galiyev issued a ruling on dismissing a criminal case due to absence of the element of crime.

It should be noted that in the course of the investigation investigator Galiyev assigned additional expert panel evidence with posing specific questions on the mechanism of how Galiullin obtained his bodily injuries. In particular, experts established that “the possibility of injuries in circumstances described by A.O.Galiullin, cannot be ruled out”. The experts also emphasized that “no medical evidence, which would allow to speak in favor of the theory of inflicting the injuries by the victim to himself, is available”.
However, in his ruling on dismissal of the criminal case investigator Galiyev concludes that Galiulllin’s injuries became a result of his fall, at the same time it is not said when and how exactly it happened. After eight months of the investigation the question of how exactly Aleksey got this serious neck wound that made him spend several weeks in hospital, is still unanswered.

At the present time, according to investigator Galiyev, the materials of the criminal case are sent to Moscow for checking by superiors, however, it will be possible to familiarize with them only in the end of January of the next year.

“We disagree with the investigator’s ruling on dismissal of the criminal case, – lawyer with the Committee Against Torture Danil Chendemerov, representing the interests of Aleksey Galiullin, comments. – In our opinion, the results of the expert examination, the investigative experiment and the expert’s evidence only confirm Aleksey’s words on what happened that day, however, for some reason that we don’t understand, the investigator interprets this in his own way, drawing a conclusion that the police officers’ actions did not contain any element of crime. After familiarization with the materials of the criminal case we will appeal against this investigator’s ruling”.

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