The Neftekamsky City Court of the Republic of Bashkortostan reviewed the notification of claim submitted by the lawyers with the Crew Against Torture on compensation of moral damage inflicted to Vener Mardamshin. Human rights defenders were insisting on compensation of 3.5 million rubles, which corresponds to the sums that are awarded by the ECHR in similar cases. However, the court deemed 200 000 rubles to be sufficient compensation for a person subjected to tortures. The lawyers consider the awarded sum inadequate to the suffering inflicted to Mardamshin and are planning to appeal against the court ruling.
Vener Mardamshin applied to the CAT in November 2016. He told human rights defenders that four men handcuffed him, put a plastic bag on his head, pushed him inside the car and took off in unknown direction. Vener was taken to the police station of district officers, after that the police officers started to beat him up, applying truncheons and electrical shocker. Mardamshin informed human rights defenders that they demanded that he confessed of kidnapping a woman. Having failed to obtain the required confession, the police officers forced Mardamshin to write an explanation stating that he was drinking alcohol with his friends and did not have any claims against the police officers. After the incident, Vener required a hospitalization. As a result, he spent 27 days at hospital. Doctors diagnosed him with brain concussion, a contusion of the cervical spine, closed compression spinal bone fracture, as well as numerous contusions, extravasations and bruises.
Three years after tortures, the verdicts of the two police officers were pronounced. They were declared guilty of the battery and electricity tortures of convict Vener Mardamshin that took place in 2016. Both defendants were sentenced to three years and three months of jail time at a standard security penal colony.
Comment of CAT lawyer Evgeny Litvinov
«The case of Vener Mardamshin is one of the few when former police officers were sentenced to real jail time because of tortures. In order to make it possible, the CAT performed extensive work on restoring the rights of Vener. However, the state bears responsibility for the damage that its agents groundlessly inflicted on a citizen, which means they are obliged to compensate it fully. Today, the court decided that 200 000 rubles is enough to compensate the damage inflicted for several hours of batteries and tortures that led to hospitalization. It is certainly not so. We find this sum of money to be outrageously small. It is interesting that the prosecutor demanded to cut in in half and pay only 100 000 to our applicant. The CAT will definitely appeal against this ruling and will be insisting on fair compensation from the state».