Ufa resident’s claim for compensation of moral damage inflicted by an ineffective investigation is dismissed

Событие | Пресс центр

04 August 2011

On July 20, 2011 the Leninsky district court of Ufa dismissed the claim for moral damages lodged by Ufa resident A.E. Kamensky. 

The claim was prepared and lodged by the Bashkirian representation of INGO “Committee Against Torture” in the interests of A.E.Kamensky on April 7, 2011 following numerous appeals against refusals to instigate criminal proceedings. 

In August 2010 Alexander Kamensky applied to the Bashkirian representation of INGO “Committee Against Torture” asking it to conduct a public investigation and provide him legal support. The public investigation established that Articles 3, 5, 13 of the ECHR had been violated in respect of the applicant.  

On March 24, 2006 around 10 p.m. officers of the Extradepartmental Guard under the Leninsky district Department of Internal Affairs of Ufa unlawfully detained Kamensky at a bus stop for alleged intoxication in public. Detention was accompanied by abuse and resulted in Kamensky’s transportation to the District Department of Internal Affairs. Kamensky was allowed to go home only at 8 a.m. next morning. A forensic medical examination revealed that Kamensky had sustained a left shoulder dislocation entailing a long –term impairment of health and incurring damage to health of medium severity. 

A check under Kamensky’s crime report alleging police abuse has been underway for 5 years. Within this period, investigative bodies of the Prosecutor’s Office and Investigation Committee issued 24 refusals to instigate criminal proceedings which were later quashed as unlawful and ill-founded. Numerous investigators’ decisions were quashed by higher-standing authorities, including the Bashkirian Prosecutor’s office, with the following clarifications: “there has been nearly no check”, “required investigative steps have not been taken”.

Having lost hope in an objective and effective investigation, Kamensky applied for help to the Committee Against Torture and lodged a suit for compensation of moral damage inflicted by an ineffective official investigation under his application. The Leninsky district court of Ufa dismissed the claim.

Specialist of the Committee Against Torture will appeal against the decision of the Leninsky district court of Ufa and ensure instigation of criminal proceedings upon the fact of Kamensky’s ill-treatment by the police.