The claim of three former police officers from Nizhny Novgorod, charged with torture, to open a criminal case on false accusation against them, is dismissed

Событие | Пресс центр

23 October 2020

Investigative Committee investigators did not deem the application of Leonid Mursky from Nizhny Novgorod against the police torture to be a false accusation. Three former police officers Sergey Lebedev, Nikolay Atamashko and Aleksey Khrulev, who are the defendants in the case of Mursky’s tortures, demanded to open a criminal case against him. At the present time, the defendants are finalizing to familiarize themselves with the criminal case against them. After that the case will be submitted to the Prosecutor’s Office for the indictment affirmation.

As we have previously reported, on 19 March 2015, Leonid Mursky from Nizhny Novgorod applied to the Committee Against Torture for legal assistance. He told human rights defenders that in the evening of 17 March he was apprehended near the door of his house and taken to police department No.7, where the police officers started to extort from him the confession of sale of drugs.

“In the room I sat on a chair, immediately after that I received a blow in the face from a police officer. He added: “Such scum as you should sit on the floor, you haven’t earned the right to sit on a chair yet”, – Leonid recalls.

According to Mursky, several police officers were involved in his battery – they beat him with feet and hands, threatened to take him to the rowing canal and drown him there.

“I was already all in blood, and I perceived these threats to take me to the rowing canal as a direct threat to my life, that is why I wrote a full confession as dictated by a police officer. They also forced me to write the details of narcotic substances manufacturing process”, – Mursky described.

Subsequently, Leonid was convicted to four and a half years under part 3 of Article 30, item “g” of part 4 of Article 228.1 of the Criminal Code of the Russian Federation (“Illegal manufacture and sales of psychotropic substances performed by a group of persons by previous concert, on a large scale, on condition that the crime was not completed due to circumstances which do not depend on this person”).

Leonid was released from police with travel restrictions, and on the same day he applied to the first aid station, where he was registered with: “Bruises and scratches of the forehead, suspected non-displaced fracture of 6th-7th odontoid vertebras”.

Later on, the following conclusions were made based on the results of medical forensic expert examination: “L.G.Mursky had a closed craniocerebral injury: brain concussion, extravasations and scratches on the face, forehead, hemorrhaging in the soft tissues (hematoma) of the occipital region. The injuries included in the complex of a craniocerebral injury, are characteristic of a blunt trauma, i.e., they were generated with a blunt object, by the way of impact, compression, friction. This injury should be treated as the one which inflicted mild health damage. The possibility of the generation of injuries on L.G.Mursky within the timeline and under the circumstances described by him in the explanation dated 23.06.2015, is not excluded”.

Lawyers with the Committee Against Torture applied on behalf with Leonid Mursky with a crime report to the Investigative Committee as well as to the Department of Internal Security of the Ministry of the Interior.

During the pre-investigative check the investigators issued six refusals to initiate criminal proceedings with regard to the Mursky’s torture complaint.

Human rights defenders successively appealed against these rulings, however, the last refusal was declared legal by the courts of two instances.

With regard to this, on 5 April 2017, lawyers with the Committee Against Torture submitted an application to the European Court of Human Rights on behalf of Leonid Mursky. According to human rights defenders, the articles of the European Convention, prohibiting tortures and guaranteeing effective investigation, were violated with regard to him.

On 22 May 2019, the criminal case with regard to unidentified police officers’ committing a crime against Leonid Mursky under item ‘a’ of part 3 of Article 286 of the Criminal Code of the Russian Federation, was opened, in the end (“abuse of office using violence”).

On 22 October 2019, investigator of the Investigative Department for the Kanavinsky District of Nizhny Novgorod of the Investigative Committee of the Russian Federation for the Nizhny Novgorod region Stanislav Kvitchenko apprehended former Deputy Head of the 6th Department of the Criminal Investigations of Chief Directorate of the Ministry of the Interior of Russia for the Nizhny Novgorod region Sergey Lebedev, former head of the department for crimes related to illegal drug trafficking of the Criminal Investigations of the Department of the Interior of Russia for Bor town Nikolay Atamashko, former head of the interregional department No. 3 (located in Bor town) of the 6th department of the Criminal Investigations of the Chief Directorate of the Ministry of the Interior of Russia for the Nizhny Novgorod region Aleksey Khrulev on suspicion of perpetrating a crime under item “a” of part 3 of Article 286 of the Criminal Code of the Russian Federation.

At the present time, former police officers Sergey Lebedev, Nikolay Atamashko and Aleksey Khrulev are under travel restrictions.

On 25 May 2020, the three former police officers were charged with committing a crime under item “a” Part 3 Article 286 of the Criminal Code of the Russian Federation (“abuse of office using violence”).

The investigation of this criminal case has been suspended twice already due to the coronavirus pandemia. At the present time, the investigation of the case is resumed, and after all the defendants finalize their familiarization with it, it will be submitted to the Prosecutor’s Office for the indictment affirmation.

One year ago former police officers Sergey Lebedev, Nikolay Atamashko and Aleksey Khrulev applied to the Investigative Committee, claiming that Leonid Mursky provided false accusation against them.

In September 2020, the claim of the former police officers to open a criminal case was dismissed for the third time. Today, the investigator notified the lawyers of the Committee Against Torture about it.

“Counter statements on offence or use of violence against them is a rather common thing in the cases when the police officers are accused of tortures, but the statements on false accusation is something we seldom see in our practice, – lawyer with the Committee Against Torture Sergey Shounin comments. – As the investigator pointed out in the dismissal of the claim to open a criminal case, the applicants’ arguments on Leonid Mursky false accusation should be considered as a method of their defense in order to avoid the punishment”.