In the Nizhny Novgorod region, the check, regarding the complaint of police battery, is resumed


11 October 2017

The Investigative Committee resumed a check concerning the complaint of Aleksey Shlyapugin from Pervoye Maya settlement, who claims to have been beaten by police officers, and because of the battery he got his rib broken. Lawyers of the Committee Against Torture, representing the interests of Shlyapugin, point out that the investigators’ work regarding his complaint is inefficient and many checking activities have not been yet performed.

(Aleksey Shlyapugin)

As we have previously reported, in his explanation to human rights defenders Aleksey reported that on 26 June about midday he came at his garage, where his fellow was, who was using this room for computer equipment repair. According to Shlyapugin, he was about to unload his tools in the garage and to go out to run errands, however, at this moment four men in civilian clothes attacked him.

– They brought him down on the floor in the garage shouting: “Lie down! Where are the drugs?” When they were bringing me down, one of the men hit and kicked me several times with hands against the body and my feet. There were no less than 20 blows, as I remember, and the battery lasted about two minutes, – Aleksey remembers.

According to Aleksey, after the battery ended, the police officers demanded that he confessed of manufacturing and sales of drugs, searched the garage and the car belonging to Shlyapugin, after that they delivered him to the Balakhninsky Police Department.

According to Shlyapugin, at the police department the police officers demanded that he confessed of manufacturing and selling drugs, but he refused to do it. After that he was given some documents to sign, out of which Shlyapugin filled only the report on administrative violation, where he put down a comment that he did not agree to it. Aleksey felt bad due to pain around ribs and asked the police officers to call the doctor; however, no-one reacted to his pleas. Then Shlyapugin was sent to a one-man cell, where he was kept till the morning.

On the next day, the justice of the peace convicted Aleksey to five days of arrest for his refusal to undergo medical examination. As Aleksey points out, the police officers started to insist on medical examination at the very time when the search was being conducted in his car and garage. Feeling concern that if he went for examination, the search would be conducted without his participation, Shlyapugin refused to undergo it until the investigative activity is not complete, and asked to do it later. However, the court sided with the police officers, and the citizen of Pervoye Maya settlement was placed in the detention room in the Pravdinsk microdistrict.

After Aleksey left the detention room, he applied for medical assistance at the first-aid station of the Sormovsky District of Nizhny Novgorod. The doctors diagnosed him with the following bodily injuries: bruises, contusions on the body and thighs. Considering that the pain in the ribs area lingered, on 5 July Aleksey turned for medical assistance to the first-aid station of the Leninsky District of Nizhny Novgorod, where the doctors registered the fracture of the eighth rib from the left.
On 6 July Aleksey submitted a crime report to the Balakhninsky Interdistrict Investigative Department of the Investigative Committee of the Russian Federation for the Nizhny Novgorod region, where he described all the circumstances of what happened to him. On 9 August investigator of this department Evgeniya Murzayeva issued a refusal to initiate criminal proceedings.

Lawyer with the Committee Against Torture Sergey Babinets appealed against this refusal, considering that investigator Murzayeva performed this check formally, having failed to conduct a lot of checking activities.

– For example, Shlyapugin informed the investigator that there was a video surveillance in the garage and cameras should have recorded the actions of the police officers during the apprehension. According to Aleksey, the police officers seized all the digital media with records from these cameras. Until now the investigator has done nothing to find this footage. In addition, Mrs. Murzayeva failed to establish and question the people who were together with Shlyapugin in the justice’s court and the detention room, although they could explain whether the applicant had any injuries or not, – Babinets pointed out.

According to Babinets, the investigator also failed to question all the police officers and identifying witnesses, who participated in the search in the garage, and the medical forensics of the victim in order to establish the gravity of the damage to his health has not been done yet.

Today human rights defenders received an answer from the Balakhninskaya City Prosecutor’s Office, in which it is said that, on 2 October, the Head of the Procedural Control Department of the Investigative Department of the Investigative Committee of the Russian Federation for the Nizhny Novgorod region Aleksey Peresypin cancelled the refusal to initiate criminal proceedings “due to incompleteness of the check and the necessity to perform additional checking activities”.