Committee Against Torture once again achieved the reversal of an unlawful decision


04 October 2007
Photo: Anatoly Rodionov. A second refusal of the prosecutor’s office to open a criminal case in respect of his cruel treatment by policemen was successfully challenged by human rights defenders in the Gorodets District Court.

Yesterday the Gorodets District Court examined and upheld the complaint of lawyer Nina Pleshkan against one more decision of refusal to open a criminal case in respect of the application of Tatyana Rodionova. She alleges that her husband was violently beaten by local policemen, however the prosecutor’s office refused to initiate criminal proceedings for the second time. In the complaint lawyer Pleshkan pointed out the incompleteness of the inquiry carried out by the investigator and unlawfulness of the decision of refusal to open a criminal case.

    Mr. Atayan, a judge of the Gorodets District Court concurred with human rights defenders and upheld the complaint, noting that the decision of refusal to open a criminal case had been premature. The court also established that the investigator had not taken into account the witnesses’ evidence and medical documents that corroborated the Mr. Rodionov’s bodily injuries.  According to the court, the investigator who had carried out the inquiry had not explained the nature of bodily injuries stated in the forensic medical report, though he should have done that.

    After the court’s decision enters into force, the materials of the inquiry will be forwarded to the Gorodets interdistrict division of the Investigative Department of the RF Prosecution Service for remedying the defects. 

    It should be mentioned that members of the INGO Committee Against Torture on a regular basis have to lodge complaints against dozens of decision made by prosecution officials, many of which are unlawful as courts later on prove it.

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