The state will pay for investigation fallacies

Событие | Пресс центр

03 August 2010

A man from Chechnya has been awarded 30 000 rubles as compensation of moral damage incurred by the investigation authorities denying access to the materials of the check under his application.

The Leninsky district court of Grozny (Chechnya) has fully sustained Muslim Kulayev’s suit. Mr. Kulayev claimed compensation of moral damage inflicted to him by the refusal of the Grozny Interdistrict Investigation Department under the RF Prosecutor’s Office for Chechnya to provide the materials of the check under his application.  The court has awarded Mr. Kulayev 30 000 rubles to be paid by the RF Treasury.

Lawyers of the Chechen representation of the Interregional Committee Against Torture represented Mr. Kulayev’s interests in court.

The Chechen representation of the Interregional Committee Against Torture is conducting a public investigation under the application of Ms. Gelayeva on the allegations of her brother’s, Muslim Kulayev’s, abuse by officers of the Itum-Kalinsky District Department of Internal Affairs of Chechnya.

In the context of the public investigation the ICAT sent an application about the crime upon the fact of Mr. Kulayev’s abuse to the head of the Grozny Interdistrict Investigation Department. The check conducted by the investigation authorities resulted in a refusal to open criminal proceedings, although there was an expert opinion confirming that the police had acted unlawfully. The CAT lawyers filed a motion in order to get access to the materials of the check and copy them, they were denied this possibility. Subject to the appeal of the ICAT, the Grozny court found the refusal to open criminal proceedings unlawful and obliged the investigator to eliminate the errors. After that Muslim Kulayev could claim compensation of moral damage basing on legal grounds.