A football fan from Samara receives refusal to his request to initiate criminal proceedings


14 December 2017

Investigator of the Investigative Committee Sergey Novoselov did not detect a crime in the actions of Rosgvardiya officer who several times kicked “Krylya Sovetov” football fan Denis Belyanin. In fact, it turned out that to make such a conclusion only Rosgvardiya officers’ evidence was sufficient to Mr Novoselov – they reported to have been acting within the limits of law. Lawyers with the Committee Against Torture, representing Mr Belyanin’s interests, intend to appeal against this ruling of the investigator. 

As we have previously reported, on 4 October of this year a criminal case regarding the crime under item ‘a’, part 3, Article 286 of the Criminal Code of the Russian Federation (“abuse of office using violence”) was initiated regarding the fact of the battery of “Krylya Sovetov” football club fans. 

On 2 September of this year in Orenburg in the framework of the 11th Tour of the National Football League a game between local team “Orenburg” and “Krylya Sovetov” from Samara took place. In the very end of the game an incident  between the visitant football fans and law-enforcement officers occurred.
Numerous videos of the indecent were loaded in the Internet, one of them features law-enforcement officers putting the football fans faces against the wall with feet spread apart and kick them and beat them with truncheons. It is seen in the video record that the football fans did not offer resistance and did not attempt to flee.

Lawyers with the Committee Against Torture, having examined these video records, came to a conclusion that the actions of the law-enforcement officers amount to violations of federal law “On Police”, as well as have traces of crime under Article 286 of the Criminal Code of the Russian Federation (“abuse of office using violence and special equipment”). Regarding this on 8 September human rights defenders applied to the Investigative Department of the Investigative Committee of the Russian Federation for the Orenburg region with a crime report.
On 11 September, human rights defenders also applied to the regional Investigative Department, but in the interests of a specific victim – “Krylya Sovetov” fan Denis Belyanin.

(Denis Belyanin)

Denis Belyanin from Samara applied to the Committee Against Torture for legal assistance on September 6. He reported on what happened to him on 2 September at the Orenburg stadium: “After the law enforcement officers brought ne beyond the audience sector, they forced me to stand on my knees, press my head against the concrete wall and bring my arms behind my back. After some time, I was told to stand up. When I started standing, they hit me from two sides with truncheons and feet. I felt strong pain and my feet became numb as a result of the beating”.

According to Belyanin, he and several fans from Samara were taken to the City Police Department where they were forced to stand with their head pressing against the wall, feet spread apart and arms behind their backs. According to Denis, he was released only after he signed a document stating that he had no claims against the police officers.

When he returned to Samara, Denis applied to City Clinical Hospital No.1 named after Pirogov, where the doctors registered “a bruise, a hematoma of the left ankle-joint and foot”.

A month after the incident a criminal case was initiated regarding the fact of the battery of “Krylya Sovetov” football club fans by law-enforcement officers. On 10 October Denis Belyanin applied to the investigative Department for the South Administrative District of Orenburg of the Investigative Committee of Russia for the Orenburg with a motion requesting to declare him a victim, however, investigator Sergey Novoselov refused to do it.

Yesterday lawyers with the Committee Against Torture received a copy of investigator Novoselov’s refusal to initiate criminal proceedings based on the fact of Denis Belyanin’s battery – it turns out that Mr Novoselov issued it back on 30 October.

This is how the investigator explains using physical force against Belyanin in his refusal: “in the video record it is seen that an unidentified Special Police Force officer kicks at D.V.Belyanin’s internal part of the left thigh ankle, the blow itself is made due to the fact that the detained citizen did not spread his legs wider than shoulders while standing up”.  For some reason the investigator does not provide any evaluation of the second kick of the police officer at the person who offered no resistance.   
Mr Novoselov did not perform any checking activities for establishing the circumstances of Denis Belyanin’s stay at police department No.5 of Orenburg, where he was taken by the police officers together with other detained football fans after the football game. According to Denis, there the police officers forced them to stand with their head pressing against the wall, feet spread apart and arms behind their backs, and deprived them from drinking water and using toilet facilities.  

“In essence, the investigator was based only on Rosgvardiya officers’ evidence, – lawyer with the Committee Against Torture Denis Iskhakov, representing the interests of Denis Belyanin, comments. – Witnesses were not questioned, expert examinations were not ordered, face-to-face confrontations with participation of Denis and law-enforcement officers were not conducted. We cannot consider such a check to be effective and we will definitely appeal against this ruling of the investigator”.  

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