The Investigative Committee has again dismissed the case related to abuse of office by two Traffic Police officers


26 November 2016

Senior investigator of the Zvenigovsky Interregional Investigative Department of the Investigative Committee of the Russian Federation for the Mary El Republic Oksana Romanovskaya has again dismissed the criminal case initiated in 2014 against two Traffic Police officers with regard to them using violence against Valentin Aleksandrov from Morki settlement. After familiarizing with the materials of the criminal case lawyers of the Committee Against Torture, representing the interests of Aleksandrov, will appeal against this ruling of the investigator.  

(The photo shows Valentin Aleksandrov)

As we have previously reported, on 26 February 2013 citizen of Morki settlement Valentin Aleksandrov applied to the office of INGO «The Committee Against torture» in Mary El Republic; he claimed that the regional Traffic Police officers had beat him during the arrest and had broken his arm.

According to Valentin on September 17, 2012 he should have gone to a business trip to Arzamas (Nizhegorodskaya region) and taken part in a professional competition to the title «The best fire engine driver». That day early in the morning Valentin left home and drove his own car to his place of work in order to take his fire engine license. However when he drove past the «Liliya» trading center an officer of DMVTC demanded stopping. Having reminded that he had left his driver license at home Valentin chose a wrong way of saving the situation – he didn’t stop and drove home to get the documents.

Valentin drove into his yard and started for the documents when the police UAZ car came, two officers jumped out and caught up with the forgetful driver at the inner porch.

As Valentin tells one of the policemen grabbed his right arm and the other hit him in the face. The further beating continued along with swearing when Valentin fall down. As a final humiliation act they twisted his arms by force, put handcuffs on and then were careful to take him to the Central Regional Hospital of Morki. There a duty doctor wrote a medical examination act, where he stated that Valentin was sober. Next day on the basis of the  primary examination forensic medical experts fixed that Valentin had a closed fracture of the left part of the left ulnar bone with a slight fraction(which is an injury of moderate severity), also bruises on the elbow joints, shoulders, chest, abrasions on the shins, the right forearm and the elbow joints.

A check was carried out by the senior investigator of the Inquiry Department of Committee of Inquiry in Mary El Republic V.V. Petukhov based on the fact of violence used by the officers of the Road Patrol Service; as a result he illegally refused to initiate a criminal action four times.

It is worth noting that during the court examination of the appeal against the last refusal of the investigator, the Mary El Republic Prosecutor Serge Ryumshin reacted to the application of lawyer of the Committee Against Torture Dmitry Yalikov and issued a request addressed to the head of the Investigative Department of the Investigative Committee of Russia for the Mary El Republic on initiating criminal proceedings.  

As a result on 11 November 2014 Zvenigovsky Interdistrict Investigative Department of the Investigative Committee of the Mary El Republic a criminal case was opened under Article 286 (3) (a) of Russian Criminal Code (exceeding official powers with use of violence). Prosecutor’s office of the Mary El Republic took a responsibility for a special control of the progress of this case investigation.
Six months later, on 12 May 2015, investigator of the Zvenigovsky Interregional Investigative Department Oksana Romanovskaya dismissed the case. The text of ruling involved the following statement: «Bodily injury of V.V.Aleksandrov constituting the fracture of the ulnar bone developed as a result of the actions of victim himself, V.V.Aleksandrov, during his active resistance to lawful actions of the police officers».

Failing to agree with the investigator’s decision, human rights defenders lodged a complaint with the Prosecutor’s Office of the Mary El Republic. On 29 July 2015 the First Deputy of the Prosecutor of the Republic agreed to the arguments of the complaint and declared the investigator’s decision on dismissing the case to be illegal, and the materials of the case were sent back to the investigator in order for the additional investigation to be performed.   

On 14 July 2015 senior investigator of the Zvenigovsky Interregional Investigative Department of the Investigative Committee of the Russian Federation  for the Republic of Mary El Oksana Romanovskaya resumed investigation of this case, as a result another ruling on its dismissal was issued.   

«Unfortunately, another ruling dismissing the criminal case has little but any difference from the previous one. The investigator still does not provide legal assessment of the police officers actions with regard to their compliance with Article 19 of the Federal law «On police», which stipulates that the police officers should minimize any damage when using physical force and special equipment. Investigative authorities justify the police officers actions with only one argument – that Valentin Aleksandrov maintained active resistance. However, except for the evidence of the law-enforcement officers themselves, there is not a single proof of the resistance, such as registered bodily injuries of the Traffic Police officers, their torn uniform or witnesses’ evidence. If everything indeed had happened that way, then why was Aleksandrov never brought to justice for offering resistance to the police officers, which the law-enforcement officers refer to.   Still, there are more questions than answers», – lawyer of INGO «The Committee for Prevention of Torture» Dmitry Yalikov emphasizes. – After we familiarize ourselves with the materials of the criminal case we will appeal against its dismissal to the Prosecutor’s Office».

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