You may remember that Mr. Andronov whose interests in court are represented by the Multiregional Committee against Torture filed a suit against the RF Finance Ministry and the Prosecutor’s office of Nizhny Novgorod region on the grounds that he had spent more time in custody (at that time Dmitriy was underage) than it was foreseen by the Criminal Procedure Code.
On February 7, 2008 Ms. E.N. Kochneva held that Dmitriy Andronov’s constitutional right to freedom was violated and awarded him compensation of moral damage amounting to 3 thousand rubles.
The above mentioned compensation is to be paid to Mr. Andronov by the RF Finance ministry. The suit against the Prosecutor’s office of Nizhny Novgorod region was dismissed.
However, the prosecutor’s office disagreed with the judgment and appealed against it to the Nizhny Novgorod regional court. The prosecutor’s office claimed that Mr. Andronov was not yet acquitted under the case where he was the accused, and that is why he could not be entitled to compensation of moral damages. Besides, the Prosecutor’s office stated that the first instance court should have selected the RF Prosecutor General’s office as a defendant under that suit.
Today the civil division of the Nizhny Novgorod regional court confirmed the judgment of the district court and did not satisfy the claim of the Prosecutor’s office.