Police officer from Bashkiria is sentenced to 4 years of conditional sentence for torture

Событие | Пресс центр

20 February 2018

Today, on 20 February 2018, Chairman of the Chishminsky District Court of the Republic of Bashkortostan Natalia Gontar’ passed a sentence to former investigative officer Ilmir Amirkhanov. He was declared guilty of committing the crime under items “a, v” of part 3, Article 286 of the Criminal Code of the Russian Federation (“Abuse of office causing grave consequences”), and sentenced to four years of conditional sentence. As we have previously reported, the criminal case was examined under special procedure, the ex-police officer offered his apologies to the victim, already partially compensated the material damage, compensated the moral damage, and the victim did not insist on punishment involving real jail time.

(Ilmir Amirkhanov)

On 2 May 2017, Denis Yamagulov applied to human rights defenders for legal assistance. As he explained to human rights defenders, on 4 April of this year two police officers came to his place and suggested that he went with them to narcological dispensary for delivery of medical tests, allegedly, as a part of the planned activity for drug addicts’ detection. Denis agreed, however, when he found himself in a car he realized he was being taken to the Department of the Interior for the Chishminsky District of the Republic of Bashkortostan.
 
– When I saw the building of the police I asked the police officers why we came here, and I received a response “We are going to take your fingerprints and then we’ll go for a medical check”, – Denis said.

However, according to Denis, at the department the police officers started to demand that he confessed of theft of things from “Macho” shop – allegedly his acquaintance pointed at him as the perpetrator.

– After I refused to confess the police officer demanded that I stood up from a chair. Then he started to beat me up with his fists, first he punched me in the stomach, and after I bent over – in my back, – Yamagulov recalled.

After that, according to Denis, the police officers again suggested that he confessed, if otherwise, they promised to plant drugs on him. As a result, he agreed and signed the required confession under orders.
 
According to Denis, he was interrogated as a suspect on a theft case, after that he also took part in other investigative activities. Then the police officers suggested that he drank some vodka with one of them. At first Denis refused but he was threatened to be kept at the police department for two more days, and he was forced to drink about 150 grams of vodka.

– I went out of the police department and walked about one hundred meters in the direction of taxi parking. I was stopped by the Patrol-Guard Service officer, who told me I was drunk and I should proceed to the police department.

Denis was taken back to the police department where the police officers compiled a protocol for being drunk and disorderly, and he himself was taken to the cell for the administratively detained. On the next day, 5 April, the justice court of the Chishminsky region passed a ruling on administrative arrest for seven days with regard to Yamagulov.
 
According to Denis, during his stay under arrest in the Temporary Detention Cell, located in the Department of the Interior of the Chishminsky district, he was regularly beaten up by the police officers, demanding that he confessed of two other thefts. After another beating on 7 April Denis felt extremely bad: “At ten o’clock there was a bedtime, and I tried to lie on the bed but couldn’t due to sharp pain in my stomach. I started to call for help and the penitentiary officer called for the ambulance. While we were going to the hospital my stomach began to swell a lot, and I realized it was internal hemorrhage”.

Denis was taken to the intensive care of the Central hospital of Chishma, where he underwent an urgent surgery for removal of his lacerated spleen. He spent` two weeks in hospital and on 21 April he was discharged.

In the hospital discharge summary the doctors described the following diagnosis: “Closed trauma of the stomach. Lacerated spleen. Intraabdominal hemorrhage. Complication: hemorrhagic shock 1-2 degree of severity. hemorrhagic anemia of medium severity”.

On 8 April the district hospital sent a report to the Chishminsky interdistrict investigative department of the Investigative Department of the Investigative Committee on detecting bodily injuries of Mr Yamagulov. Later on Denis’s mother and he himself applied to the Prosecutor’s Office.
 
As a result, on 5 May a criminal case based on the crime under p.p.”а, v” of Part 3 of Article 286 of the Criminal Code of the Russian Federation (“Abuse of office using violence and inflicting grave consequences”). On the same day, Denis Yamagulov was declared a victim, and the first suspect appeared in the case – Special Investigative Agent of the Criminal Investigations Department of the Department of the Interior for the Chushminsky District Ilmir Amirkhanov. On 12 May charges against him were brought. At that time, he did not acknowledge his guilt in the incriminated crime and refused to give testimony. For the period of the investigation Amirkhanov was suspended from duty and taken under house arrest.

On 30 November of last year, Deputy Head of the Chishminsky Interregional Investigative Department Ildar Gindullin notified lawyer with the Committee Against Torture Evgeny Litvinov, representing the interests of Denis Yumagulov, that the investigation of this criminal case is completed and the parties may commence familiarization with the materials of the case.

In the course of familiarization with the case the defendant expressed his wish to acknowledge the guilt in full scope: Ilmir Amirkhanov wrote a full confession, gave confessionary evidence to the investigator, after that he filed a motion to conduct the court hearing according to the special procedure.

The criminal case was sent by the Prosecutor’s Office to the Chishminsky District Court of the Republic of Bashkortostan on 26 December of last year. On 9 January 2018 judge Oleg Abdrakhmanov passed a ruling to conduct the open court hearing according to the special procedure*.

Today, on 20 February 2018, Chairman of the Chishminsky District Court of the Republic of Bashkortostan Natalia Gontar’ passed a sentence to former investigative officer Ilmir Amirkhanov. He was declared guilty of committing the crime under items “a, v” of part 3, Article 286 of the Criminal Code of the Russian Federation (“Abuse of office causing grave consequences”), and sentenced to four years of conditional sentence.

“Defendant Ilmir Amirkhanov fully acknowledged his guilt, repented, apologized not only to Denis Yumagulov, but to his parents, as well, as well as paid two hundred thousand rubles to the victim as a compensation. According to the pre-trial agreement, within two weeks he will pay another hundred thousand rubles, – lawyer with the Committee Against Torture Evgeny Litvinov, representing the interests of Denis Yumagulov, comments on today’s court hearing. – Due to this fact, the victim did not insist on punishment involving real jail time”.

Special procedure of passing a judicial ruling upon the defendant’s agreement represents a simplified procedure, when the criminal case is examined without the study and evaluation of the evidence collected in the case. If the judge concludes that the indictment, with which the defendant agrees, is justified and is proven by the evidence collected in the case, he announces the indictment and selects a punishment not exceeding two thirds of the maximum penalty for the committed crime (for more detail see Chapter 40 of the Criminal and Procedural Code).