The refusal to open criminal proceedings on the allegations of tortures used against Sergey Lyapin from Nizhny Novgorod will be considered by the Dzerzhinsk court once again


09 December 2008

 Today the Nizhny Novgorod regional court delivered two cassation decisions under the case of Sergey Lyapin from Nizhny Novgorod who claims that he was subject to tortures with electricity by officers from the Volodarskiy district of Nizhny Novgorod region.

Lawyers of the Committee against Torture representing Mr. Lyapin’s interests applied to the Dzerzhinsk Interdistrict Investigation Department of the Investigation Administration of the Investigation Committee under the RF Prosecutor’s Office for Nizhny Novgorod region requesting the report on the check conducted under Mr.Lyapin’s application. The lawyers were denied access to those materials. They filed an appeal with the Dzerzhinsk city court. Judge Konchakov from the Dzerzhinsk city court supported the opinion of the investigation authorities that Mr. Lyapin’s representatives did not have the right to study those documents.

 Several days later the Committee lawyers complained about the refusal to start criminal proceedings under Mr. Lyapin’s application issued by an investigator from the Dzerzhinsk Interdistrict Investigation Department. Judge Kaschuk from the Dzerzhinsk city court held in his decision that the investigator had conducted an objective and comprehensive check under Mr. Lyapin’s application and found the refusal lawful.   

Both decisions were appealed against in the order of cassation.

The Nizhny Novgorod regional court delivered two cassation decisions ruling both decisions in question unlawful. Both cases are returned to the first instance court where the battle aimed at restoring Mr. Lyapin’s rights continues.

It should be mentioned that it is not the first time when decisions of the Dzerzhinsk city court are cancelled in the order of cassation. However, the position of the Prosecutor’s office remains the same.  Mr. Fadeyev, assistant prosecutor, nevertheless, supports investigators issuing unlawful decisions. And the Dzerzhinsk city court listens to his opinion and time after time delivers judgments that are later found unlawful by the regional court.

The Committee against Torture is concerned about such teamwork of the Dzerzhinsk law enforcement which undermines the citizens’ trust in the authorities meant to dispense justice, and besides, makes it difficult to restore Mr. Lyapin’s rights.  

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