The Prosecutor's Office of the Republic Mari El quashes the illegal refusal to initiate criminal proceedings

Событие | Пресс центр

21 June 2016

The representative of the Mari El Prosecutor’s Office Dmitry Lapin satisfied the complaint of lawyer of the Committee for Prevention of Torture Danila Chendemerov, having quashed the ruling of investigator Andrey Kudriavtsev who refused to initiate criminal proceedings based on the fact of inflicting grave bodily injuries to Vladimir Telegin by the Patrol-Guard Service officers.  It is worth noting that previously the Interdistrict Procesutor’s Office superiors twice declared this refusal to be legal. 

(The Patrol-Guard Service officers applying physical force and special equipment against Vladimir Telegin)

As we have previously reported, Vladimir Telegin from Kozmodemyansk applied to the human rights defenders for legal assistance in July 2015. He said that on 15 March his car was stopped by the Patrol-Guard Service officers who asked him to participate as an attesting witness during the drawing up a protocol on another driver. However, when he came near the police car, he was asked to pass the test for alcohol intoxication. Vladimir declined and returned to his car.
 
As Vladimir recalls, three Patrol-Guard Service officers opened the door of his car and tried to pull him out without providing any demands and explanations. No grounds for his leaving the car were given. After that the Patrol-Guard Service officer sprinkled the pepper spray in Vladimir’s eyes and the police officers dragged Vladimir out the car, handcuffed him and hit him several times in the area of the back and low back.

After that the Patrol-Guard Service officers placed Telegin on the floor of the police car and took him to the reception of the Kozmodemyanskaya Central District Hospital. There Vladimir again declined to pass the alcohol testing. After that he was taken to the police department where he stayed till morning.

On the next day the Gornomariyusky District Court passed a ruling declaring Vladimir Telegin guilty of crime under part 1 Article 19.3 of the Administrative Offences Code of the Russian Federation («Failure to obey the lawful demand of a police officer»), and was fined for 500 roubles.

Later on Vladimir appealed against this ruling and it was quashed in the appellate court: the Supreme Court of the Mari El Republic came to the conclusion that the protocol which was drawn up with grave violations of law (absence of signatures of the attesting witnesses or confirmation that Vladimir’s rights were explained to him) cannot be considered the evidence of the offence.
 
On 17 March Vladimir applied to the Kozmodemyanskaya Central District Hospital, where the following injuries were registered: contusion of the left knee joint, extravasation on the skin of the left knee joint, circumaural area, left shoulder, rib cage, bruises on the skin of the hairy part of the head, both wrist joints.

On 19 March Telegin submitted a crime report to the Gornomariysky Interdistrict Investigative Department of the Investigative Committee of the Russian Federation for the Mari-El Republic about the police officers using force against him. The investigator who refused to initiate the criminal proceedings, provided the following summary: «V.V.Telegin committed an administrative offence, failed to obey the lawful demands of the police officers, due to that the police officers used physical force and special equipment in accordance with the law. Later on V.V.Telegin was hold administratively liable».

The human rights defenders appealed against this refusal at the Gornomariyskaya Prosecutor’s Office bodies due to incompleteness of the check. However, all of the complaints were dismissed: allegedly, Telegin committed an administrative offence that is why the Patrol-Guard Service officers used physical force and special equipment in accordance with the law.

After human rights defenders complained to the Republican Prosecutor’s Office the refusal was quashed.

The additional pre-investigative check performed by investigator Andrey Kudryavtsev resulted in another refusal to initiate criminal proceedings. Human rights defenders, representing Telegin’s interests, also appealed against this refusal at the Gornomariyskaya Prosecutor’s Office. However, Deputy Prosecutor first, and then the Interdistrict Prosecutor himself considered this refusal to be legal. But the Republican Prosecutor’s Office disagreed with its colleagues again. Acting Head of Department for Criminal and Investigative Proceedings Dmitry Lapin, having examined the material of the check, came to the conclusion that «pre-investigative activities have not been conducted in full scope, the refusal to initiate criminal proceedings has been issued  prematurely». 

«In his ruling on satisfying our complaint the representative of the Republican Prosecutor’s Office pointed at numerous drawbacks and controversies which have never been resolved by the investigator. We hope that this time the pre-trial investigation will be conducted taking into account the Prosecutor’s remarks and a lawful ruling will be passed based on its results, – lawyer of the Committee for Prevention of Torture Danila Chendemerov comments, – We also intend to apply to the Mari-El Republic Prosecutor’s Office requesting to subject to disciplinary action the Gornomariyskaya Interdistrict Prosecutor’s Office staff who once again failed to perform their direct duties for monitoring the legality of the rulings».