The "anniversary" refusal to initiate criminal proceedings is declared illegal

Событие | Пресс центр

13 September 2016

Deputy Prosecutor of Ioshkar Ola Eduard Petrov reversed the ruling on refusal to initiate criminal proceedings with regards to local citizen Evgeny Dydychkin crime report on his beating up by the police in 2013. This is already the tenths refusal issued by the investigators of the Investigative Committee which is declared illegal.

This story started back in 2013, when Evgeny Dydychkin and Mikhail Maltsev from Yoshkar-Ola applied to the Mary El branch of INGO «The Committee Against Torture». They told the human right defenders that on 14 January of the same year they were beaten up by the Road Control Service police officers near local bar called «Bogema». According to the applicants, the incident was caused by self-made snowmobile of Evgeny, on which the two friends came to the bar – the law-enforcement officers suspected that the vehicle was stolen. As Evgeny recalls, he passed out twice during the battery. His friend was also beaten up; he asked to stop using physical violence.

After the incident near the bar the two men were taken to Police Department No.1 where reports on committing administrative offense, expressed in insubordination to the police officers, were drawn up. On the next day Evgeny and Mikhail registered numerous bodily injuries at the medical institution, and applied to the investigative bodies with a crime report.

A highly inefficient check of this fact was performed by the investigative department for Yoshkar-Ola city of the Investigative Committee of the RF for the Republic of Mary El, which resulted in refusal to initiate criminal proceedings. Since the investigator did not even questioned the applicants, did not establish and question the people who were in the bar at that moment, did not assign additional medical forensic examination and failed to perform a number of other checking activities, human rights defenders, representing the interests of the applicants, successfully insisted that this unlawful refusal was declared illegal and reversed.

However, during the following three years the investigators issued nine more refusals to initiate criminal proceedings, which subsequently were also declared illegal.

The lawyers from the Commission for the Prevention of Torture appealed against the last refusal to the Prosecutor’s Office and Investigative Committee and received two opposite replies. Andrey Milyutin, Deputy Chief of the investigative department in Ioshkar Ola (Investigative Division of the Investigative Committee in the Republic of Mary El, classified that “the decision made by the investigator on refusal to initiate criminal proceedings with regards to the case dated 30.05.2016 is legal and reasonable, there are no reasons to declare this ruling illegal or unreasonable or to reverse it”.

Deputy Prosecutor of Ioshkar Ola Eduard Petrov was of different opinion on this account: «Yalikov’s complain on behalf of Dydychkin D.V. is subject to satisfaction”, the ruling on refusal to initial criminal proceedings was reversed, and the materials were sent to the Investigative Committee for additional review.

Lawyer of the Committee for the Prevention of Torture Dmitry Yalikov comments: “The pre-investigation check based on the crime report of D.V. Dydychkin took three years and the investigators and administration of Ioshkar Ola department can “boast” of the tenth ruling on refusal to initiate criminal proceedings, which was found illegal. I am sure that the work conducted by the investigators cannot be considered efficient, so we will apply to the Head of the Republic Investigative Division of the Investigative Committee in order to conduct the agency check in relation to the Deputy Chief and the investigator of this investigating department”.