The Committee Against Torture achieves the remission of an unlawful decision of the prosecutor’s office.

Событие | Пресс центр

24 August 2007

The Moskovsky District Court of Nizhny Novgorod examined the appeal of the Committee lawyer Nina Pleshkan about the court refusal to initiate a criminal case according Mrs. Kokareva’s claim, which she wrote to the prosecutor’s office of the Moskovsky district accusing the police officers of the unlawful actions in regard to her son, Kokarev V.S. Mrs. Kokareva also turned to the lawyers of the Committee Against Torture for legal assistance. You may rememver that according to her son’s statement he was cruelly beaten by the police officers of the Moskovsky District of Nizhny Novgorod.

The Prosecutor’s office made a decision to refuse to initiate a proceeding dealing with the beating of a minor 4 times, 3 of which have previously been set aside as unlawful.

The last refusal to start a case examination was made by the investigation officer of the prosecutor’s office, mister D. Parshin, on the 20 of April. The lawyer of the Committee Against Torture, Nina Pleshkan, appealed against that decision to court. In her appeal, the lawyer pointed at the fact, that the examination made by the investigation officer Parshin had been incomplete and that the decision to refuse to initiate a criminal case had been unlawful.

The judge of the Moskovsky District regional court, G. Kislyak, agreed with the lawyer’s statement and stated that the decision to refuse to initiate a criminal; case had been made prematurely and should be cancelled, and the appeal against that decision must be sustained.

This decision will probably be appealed against by the prosecutor’s office in an appeal on error, and in case of its coming into force  the materials will be returned to the prosecutor’s office of the Moskovsky District of Nizhny Novgorod for default elimination.