Investigators from Mary El think that breaking arms during arrest is legal


28 February 2013

A citizen of Morki settlement Valentin Aleksandrov appealed to the office of IRPO «Committee against torture» in Mary El Republic; he claimed that the officers of the Road Patrol Service of the Department of Motor Vehicles and Traffic Control(DMVTC) MOI had beat him during the arrest and had broken his arm. The investigator of the Inquiry Department of Committee of Inquiry in Mary El Republic V.V.Petuhov already carried out a check and came to the conclusion that the policemen hadn’t excessed their powers when they had used violence.

(The photo shows Valentin Aleksandrov)

According to Valentin on September 17, 2012 he should have gone to a business trip to Arzamas (Nizhegorodskaya region) and taken part in a professional competition to the title “The best fire engine driver”. That day early in the morning Valentin left home and drove his own car to his place of work in order to take his fire engine license. However when he drove past the “Liliya” trading center an officer of DMVTC demanded stopping. Having reminded that he had left his driver license at home Valentin chose a wrong way of saving the situation – he didn’t stop and drove home to get the documents.

Valentin drove into his yard and started for the documents when the police UAZ car came, two officers jumped out and caught up with the forgetful driver at the inner porch.

As Valentin tells one of the policemen grabbed his right arm and the other hit him in the face. The further beating continued along with swearing when Valentin fall down. As a final humiliation act they twisted his arms by force, put handcuffs on and then were careful to take him to the Central Regional Hospital of Morki.

There a duty doctor wrote a medical examination act, where he stated that Valentin was sober. Next day on the basis of the  primary examination forensic medical experts fixed that Valentin had a closed fracture of the left part of the left ulnar bone with a slight fraction(which is an injury of moderate severity), also bruises on the elbow joints, shoulders, chest, abrasions on the shins, the right forearm and the elbow joints.

A check was carried out by the senior investigator of the Inquiry Department of Committee of Inquiry in Mary El Republic V.V. Petuhov based on the fact of violence used by the officers of the Road Patrol Service; he came to the conclusion that the officers of RPS had used violence without excessing their powers and on this grounds refused to initiate a criminal action.

“It is too early to make definite conclusions in this case. However we can hardly agree with the investigator’s arguments where he considered the actions of the policemen leading to breaking a man’s arm quite legal, moreover Valentin claims he was beaten up, – the lawyer of the Committee against torture Dmitry Yalikov stated. – During the arrest policemen should be guided by the regulations of article 19 of the law “On the police of the Russian Federation” that specifies that an officer when using physical force must try to minimize the damage of any kind.

Another murky affair is the court order where Aleksandrov is found guilty in committing an administrative offence provided for by part 1 of article 12.8 of the Code of Administrative Offence (driving a vehicle in a state of alcoholic intoxication) and was suspended the driver’s license for one year and six months. For some unknown reasons the court didn’t take account of the medical examination, that had stated Valentin had been sober that day, the same fact was confirmed by the results of the chemico-toxicological blood analysis. The court decision was based only on the act of the alcoholic intoxication examination, drawn up by the policemen themselves. Valentin thinks that the act was falsified as the signature is not his and the witnesses signed a blank form.

It is also unclear why then Aleksandrov wasn’t brought to responsibility for arrest resistance the policemen talked about? We are going to sort out all that in the course of our check”.

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