Yesterday the Supreme Court of Bashkiria considered A.E. Kamensky’s cassation appeal and quashed the first instance judgment dismissing Kamensky’s claim for compensation of moral damage inflicted by an ineffective investigation, thus referring the suit for retrial.
During the hearing, two respondents under this case – the Russian Finance Ministry represented by the Federal Treasury Administration for the Republic of Bashkiria and Investigation Administration of the Investigation Committee for the Republic of Bashkiria – insisted that the decision of the Leninsky district court of Ufa should be upheld. We are glad to point out that the third respondent – Bashkirian Prosecutor’s Office – asked the court to quash the first instance court decision under Kamensky’s case as unlawful and unmotivated.
The claim for compensation of moral damage will be tried anew. Bashkirian courts have not faced such a reason for claiming compensation of moral damage as ineffective official investigation into the allegations of crime. It must be noted that similar claims are sustained in other regions. Moral sufferings inflicted by an ineffective investigation are acknowledged damage, and courts award applicants several dozens of rubles as compensation. For instance, corresponding judgments that have already entered into force have been delivered in Nizhny Novgorod region and Republic of Chechnya. At this stage we may maintain that until Kamensky’s suit is sustained, there will be no positive case law on this issue in the region and Bashkirian residents are less protected than the population of other Russian regions.
Specialists of the Bashkirian representation of the Committee Against Torture will continue supporting Alexander Kamensky to restore his violated rights.