Today, on 3 December 2010, the Nizhny Novgorod regional court has tried the cassation protest filed by acting Kstovo city prosecutor Sudorgin and appeal of the Kstovo District Administration against the Kstovo city court decision dated 21 October 2010. You may remember that the Kstovo city court found the decision of the Commission on Juvenile Affairs holding underage Nikita Kaftasyev administratively liable unlawful and ill-founded.
The proceedings had been initiated by lawyers of the Interregional Committee Against Torture representing the interests of the police abuse victim and the Kstovo court supported the boy by canceling the Commission’s decision.
Protecting the misapprehended “credit of the police”, the Kstovo Prosecutor’s Office disagreed with the court’s findings and lodged an appeal. The Nizhny Novgorod regional court considered Mr. Sudorgin’s submissions insisting on the legality of police officers’ actions ill-founded and upheld the Kstovo city court decision. The protest of the Prosecutor’s Office and complaint of the Kstovo District Administration were dismissed.
It must be noted that at the present moment the investigative authorities are investigating into the allegations of 17-year old Nikita Kaftasyev’s cruel tortures which he experienced in the Kstovo Directorate of the Interior at night on 1 September 2010. Nikita has already identified his tormentor.
In this situation the Kstovo police needs a justification in order to make Nikita to blame for his battery by law enforcement agents.
The unmotivated attempt to bring Nikita Kaftasyev to administrative responsibility is one of the ways to secure such arguments for the coming trial of the criminal case.