On March 3 the civil division of the Nizhny Novgorod regional court will try the cassation appeal filed by Anton Shestopalov’s representative, lawyer of the Interregional Committee against Torture, Mr. Yuriy Sidorov against the judgment of the Sovietskiy district court of Nizhny Novgorod dated 19 November 2008.
Then the court partially sustained the claim filed by the Committee in the interests of young Anton Shestopalov from Nizhny Novgorod who had been battered by the police in May 2004. The official investigation has not yet revealed the perpetrator in charge of the battery, but acknowledged the fact of violent treatment Anton was subjected to when he was still a minor. Mr. Shestopalov acquired the status of victim under a criminal case and claimed compensation of moral damage.
Shestopalov demanded 500 000 roubles as compensation. However, the court sustained Anton’s claim only partially despite the fact that in its judgment it found the police in breach of Anton’s personal non-property rights safeguarded by art. 37 of the Convention on Children’s Rights and art.3 of the Human Rights Convention.
Therefore, Mr. Shestopalov lodged a cassation appeal with the regional court; he believes that the court has not taken into account the nature of physical and moral suffering incurred to him and his individual circumstances, since at the moment of abuse he was underage. In his cassation appeal the young man asks the court to sustain his claim to the full extent, i.e. to award him 500 000 roubles.