The Moskovskiy district court of Nizhny Novgorod satisfied two claims of the Committee against Torture in connection with the actions of the District Investigation Department heads


22 April 2008

On April 21 both complaints were satisfied by the judgment of Mr. Andrey Tregubov, judge of the Moskovskiy district court of Nizhny Novgorod.
    The reason for the Committee against Torture to turn to court was that the Investigation department had refused to submit investigation reports upon the applications of Mr. Vasiliyev and Mr. Kokarev (Nizhny Novgorod citizens whose torture complaints are investigated by the Committee against Torture and checked by the regional office of the Investigation department) to the Committee lawyers. 
The Investigation department staff unfoundedly prohibited the Committee lawyers to study the materials using technical equipment. This means basically that the lawyers were supposed to read through the documents in presence of an investigator and memorize all the relevant details without taking any notes. That is why the Committee against Torture considered that this is in breach of the Constitution because such measures prevent the citizens from enjoying their right to information and qualified legal assistance.
   It is worth mentioning that this is not the first time when human rights defendants appeal against the denials of the Investigation department to provide investigation reports to the lawyers. Already in 2004 the Committee succeeded in appealing against one of such denials. However, there are still investigation officers and the Prosecutor’s office personnel who are not aware of the RF Constitution norms.

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