You may remember that in September the Supreme Court of Bashkiria sustained A.E. Kamensky’s cassation appeal by quashing the Leninsky district court judgment dated July 22, 2011, thus referring the suit for retrial due to the fact that the initial decision had been unlawful and ill-founded.
The suit for moral damages was triggered by the breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms committed by local investigative authorities: the investigations into Kamensky’s application alleging ill-treatment by the police underway since 2006 does not meet the effective investigation criteria set forth by the European Court. Although more than 20 refusals to instigate criminal proceedings have been quashed, the preliminary check into the allegations of police abuse has been on for 6 years.
It must be noted that the initial suit lodged by the Bashkirian representation of the Committee Against torture has brought a positive result: after the court admitted the suit for consideration, the Leninsky Interdistrict Investigation Department of the Investigation Administration of the Investigation Committee for Bashkiria instigated criminal proceedings upon the fact of Alexander Kamensky’s unlawful detention and custodial placement. However, the Committee Against Torture also intends to insist on instigation of criminal proceedings in connection with police abuse in respect of Kamensky.
With regard to the new trial of the suit by the Leninsky district court of Ufa, the Supreme Court of Bashkiria has ordered “to consider and evaluate the preliminary check and investigation conducted by the Investigation Administration of the Russian Investigation Committee for Bashkiria, as well as the Bashkirian Prosecutor’s Office, in terms of effectiveness and admissibility of the fact that despite quashing of refusals to instigate criminal proceedings the investigation has taken several years. ”