The UN obliged Russia to quash the verdict based on the testimony obtained using torture

Событие | Пресс центр

09 April 2020

Today, lawyers with the Committee Against Torture received a ruling of the UN Committee on Human Rights on the case of a resident of Kstovo (the Nizhny Novgorod region) Semen Sbornov, who complained that the police officers forced him to confess by using tortures. The international authority acknowledged that Sbornov was subjected to police torture and that no effective investigation was performed with this regard. Due to this, the UN obliged our country to quash the verdict of Sbornov and perform an effective investigation of his torture complaint as well as to compensate the damage he was incurred.

As we have previously reported, on 22 May 2013 Semen Sbornov applied to the Committee Against Torture for legal assistance. At that time, he was under investigation at pre-trial detention center SIZO-3. Semen told the human rights defenders that on 22 January 2013 he was detained in Kstovsky District of the Nizhny Novgorod region by police officers. They told Semen that he was suspected of the battery of his acquaintance who subsequently succumbed to injuries.

That is how the applicant himself described his further stay in the police department: «A police officer closed the door of the office and his colleague started to hit me with a baseball bat in the areas of feet and arms. After that they handcuffed me, tied my feet and drew a rope between them. They bent me down so that it was hard for me to breathe. At the same time, they were beating me in the area of spine and kidneys, demanding to confess to the crime that I had not committed. Having yield to torture I agreed to sign the confession under dictation of the police officers».

In the course of public investigation conducted by lawyers of the Committee Against Torture some medical documents were obtained which revealed that Semen Sbornov underwent treatment in the Central Hospital of Kstovo, were he was diagnosed with head soft tissue bruises, arms bruises. A forensic expert in his report dated 5 November 2013 pointed out that Sbornov’s injuries may have been caused by blow of a hard blunt object (or objects), including arms and a baseball bat.

About ten witnesses questioned by human rights defenders and the Investigative Committee investigators mentioned Semen’s bodily injuries, however, the investigative authorities who performed the check based on the fact of these injuries did not subsequently provide any assessment of the this. Three times the investigators issued refusals to initiate criminal proceedings which were subsequently quashed based on human rights’ defenders’ complaints.
 
On 7 May 2014 the Kstovsky City Court of the Nizhny Novgorod region declared Semen Sbornov guilty of committing a crime under p.4 of Article 111 (intended infliction of severe personal injury) of the Criminal Code of Russia and sentenced him to seven years’ prison term. On 15 October 2018 Sbornov was released on parole.

In June 2015, human rights defenders submitted an individual message in defense of Semen Sbornov’s rights to the UN Human Rights Committee.

Lawyer of the Committee Against Torture Sergey Romanov, representing the interests of Semen Sbornov, pointed out at that time: «For two times the battery complaint check was conducted by the same investigator who was in charge of the criminal case in relation to Sbornov. This contradicts to the standard of objectiveness, the investigator quite obviously was not interested in investigating the torture of Sbornov, since it would put a question mark in relation to the evidence collected in the case. In our complaint we have pointed at this outrageous fact».
 
Today, human rights’ defenders received a ruling from the UN Human Rights Committee on the case of Semen Sbornov. The international authority acknowledged that Sbornov was subjected to police torture and there was no effective investigation conducted with this regard.

In particular, the ruling states: “State-participant (Russia – editorial comment) is obliged, among other things, to perform the corresponding actions in order to: a) conduct a thorough and effective investigation with regard to claims of the author (Sbornov – editorial comment) concerning tortures and in case they are confirmed, to subject the guilty party to prosecution, court and punishment; b) to release the author, cancel the verdicts of the court of the first instance, perform the new court examination observing all the guarantees of the fair trial; and с) provide the author with an adequate compensation for committed violations. The state-participant is obliged to take all necessary steps to prevent such violations in future”.
 
“Since our country is a participant of the International Covenant on Civil and Political Rights, the norms of which were violated in this case, it should perform its obligations on elimination of these violations, – expert on international law with the Committee Against Torture Ekaterina Vanslova comments. – In our turn, we submit a request to the Russian authorities that they should pay a fair compensation for moral damage to Semen Sbornov and perform an efficient investigation of his torture complaint”.

The ruling of the UN Human Rights Committee it is indicated that this international authority is expecting to receive from Russia the information on the measures taken to execute this ruling within 180 days’ time.