The extraction of the confession through police violence is inhuman and degrading treatment

JUDGMENT

Sitnikov v. Russia (no. 14769/09) and Kondakov v. Russia (no. 31632/10)  2-5-2017

SUMMARY

Inhuman and degrading treatment. Detainees. Police violence(bangs, kicks, virtual drownings, etc.) in the preliminary investigation of detained persons, with the result of signing their confession and the authorities’ refusal to investigate complaints about the police, constitutes inhuman and degrading treatment. Russia’s conviction for violation of Article 3 (in its substance and procedural aspect).

PROVISION

Article 3

PRINCIPAL FACTS

The applicants are two Russian nationals: Nikolay Sitnikov (born 1988) and Vadim Kondakov (born 1979). The first one lives in the Krasnodar region and the second one is serving a prison sentence in the Volgograd region (Russia). They both complained that they had been apprehended by the police, and – prior to being formally arrested – subjected to ill-treatment by police officers, who had forced them to sign confessions. Their allegations included claims that they had been punched and kicked, beaten with truncheons, tied up in torturous positions and suffocated. They relied on Article 3 (prohibition of inhuman or degrading treatment) to complain that they had been subjected to violence from police officers and that the authorities had refused to investigate their allegations against the police.

THE DECISION OF THE COURT

Violation of Article 3 (treatment) – in both cases

Violation of Article 3 (investigation) – in both cases

Just satisfaction: EUR 20,000 (non-pecuniary damage) each to Mr Sitnikov and Mr Kondakov Yoel Romero steroids