Today we have learnt that the Orsk court (Orenburg region) has sustained the suit of Mr. Nikolay Nikolayev who claims that he was battered by the police in his own flat in summer of 2005. The investigation authorities have refused to start criminal proceedings.
Mr. Nikolayev applied to the Orenburg office of the Committee against Torture asking for legal assistance. In course of court hearings his representative was Mr. Vyacheslav Dyundin, head of the Orenburg office.
In June 2008 the court dismissed the claim, but the regional court cancelled the decision and submitted the case for retrial.
Although the defendant, Finance Ministry representative, disallowed the plaintiff’s claim, judge Nonna Pasechnik, sustained it and ruled that art. 3 of the ECHR was breached in respect of the plaintiff. Thus, at the second attempt, the court awarded Nikolay 20 000 roubles as compensation of moral damage.
If the defendant does not appeal against the decision, it will enter into force on 1 December 2008.