“The Court notes, further, that the medical reports provided by the applicant
refer to inflammation and bruising on the left hand following the first incident
and to abdominal pain and bruising to the hand and knee regarding the incident
of 23 July 2005. Neither investigating judge no. 9 nor no. 11 nor the Audiencia
Provincial investigated that point further, but simply disregarded the reports
on the grounds that they were undated or not conclusive as to the cause of the
injuries. The Court considers that the information contained in those reports
called for investigative measures to be carried out by the judicial authorities.”124
“Reference might also be made to a more recent preliminary inquiry, instigated
on 2 June 2006 in respect of “B”. This prisoner was transferred to SIZO No. 1 on
23 May 2006 and the medical examination upon arrival revealed multiple bodily
injuries which he alleged were the result of beatings by ORB-2 officers. A decision of refusal to initiate a criminal case was taken on the basis of the medical
register of the IVS and the feldsher’s explanations to the effect that “B” had, on
his arrival at the IVS on 13 May 2006, displayed injuries received at the time of
apprehension; no forensic examination was ever requested.”125
ff appropriate witness statements, possibly including statements
of other detainees, custodial staff, members of the public,
law enforcement officers and other officials;
Ill-treatment usually takes place out of sight. Nonetheless, investigations should
involve genuine efforts to gather evidence from persons who may have witnessed the incident in question or be able to shed light on the circumstances
surrounding it. This is reflected in the Istanbul Protocol, which requires that:
“Information must be obtained from anyone present on the premises or in
the area under investigation to determine whether they were witness to the
incidents of alleged torture.”126
Equally, the Court has often identified failures to question the appropriate persons:
“The investigator did not try to find and question individuals who had been
detained with the applicant in Bogorodsk and Leninskiy police stations between
10 and 19 September 1998 and who could have possessed useful information
about the applicant’s behaviour before the attempted suicide; and it is unclear
whether V, one of the applicant’s ward-mates, was ever questioned by the
investigator.”127
124. B.S. v. Spain, Judgment of 24 July 2012, application no. 47159/08 , para. 44.
125. Appendix I to the CPT’s Public Statement of 13 March 2007 concerning the Chechen
Republic of the Russian Federation, CPT/Inf (2007) 17, para. 48.
126. Istanbul Protocol, para.103.
127. Mikheev v. Russia, Judgment of 26 January 2006, application no. 77617/01, para. 112. See
also Barabanshchikov v. Russia, Judgment of 8 January 2009, application no. 36220/02,
para. 62; Grimalovs v. Latvia, Judgment of 25 June 2013, application no. 6087/03, para. 115.
Explanatory note ► Page 49
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