In Orenburg, a member of a rally in support of Navalny was awarded a compensation for illegal use of force during apprehension


30 September 2022


On 29 September, the Leninsky District Court of Orenburg partially satisfied the claims under the lawsuit submitted by Dmitry Teleshenko on compensation of moral damage inflicted as a result of illegal use of force during apprehension   at protest rally on 31 January 2021. The compensation amounted to 15 thousand rubles. Lawyers with the Crew Against Torture represented his interests in court.   

After the protest rally in January 2021, Teleshenko applied to the CAT and told human rights defenders that he was seized by both hands and both feet by some people in civilian clothes and carried him to the police van. On the way, the crashed into a man who was standing full-back with Teleshenko’s head. In response to Dmitry’s request to put him on his feet, according to Teleshenko, one of the police officers hit his cheek-bone. After the apprehension, Teleshenko was taken to the police department where protocols on administrative offences were drawn up against him under part 1 of Article 19.3 of the Administrative Offences Code of the Russian Federation («insubordination to the legal demand of a police officer») and part 5 of Article 20.2 of the Administrative Offences Code of the Russian Federation  («Violation of the established procedure of the gathering, rally, demonstration, march or picket organization or holding»). 

Dmitry was apprehended and taken to the special detention room where he stayed for 48 hours. After four dismissals of claims to open a criminal case, the CAT lawyers applied to court. They asked to declare illegal the police actions related to applying physical force against Teleshenko during the apprehension and his delivery to the police department, as well as his detention in a special room at the department and then at the special detention room.      

In August 2021, the Leninsky District Court of Orenburg partially satisfied the lawsuit filed by the human rights defenders and declared illegal the actions of unidentified police officers who applied force while apprehending Teleshenko during the protest rally.    

Commentary by head of the Orenburg branch of the CAT:  
«If we compare the amount of compensation for the similar cases in Orenburg, for which we ensured a compensation for other applicants, this amount is three times higher. However, it is absolutely obvious that the awarded amount is not adequate either to Dmitry’s sufferings or to the requirements of reason. Besides the fact that the police officers illegally applied physical force against Dmitry, they also kept him groundlessly in a special detention facility for two days. When I see such miniscule compensations assigned by the court, I always want to ask the judge: «What if a person close to you was in the place of an applicant, would the result be the same?» We shall submit an appellate appeal to the Orenburg Regional Court with a demand to increase the amount of compensation».  

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