Judges have today awarded €15,000 to a Russian who alleged he was tortured with beatings and electric shocks whilst in police custody.
Nasakin v. Russia (no. 22735/05)
The applicant, Lev Nasakin, is a Russian national who was born in 1945 and lives in Krasnodar (Russia).
In February 2008, he was convicted of manslaughter and sentenced to two years’ imprisonment. Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment) and Article 13 (right to an effective remedy), Nasakin complains that he was ill-treated while in police custody on 29 August 2003 – alleging in particular that he was severely beaten and given electric shocks in order to obtain a
confession – and that the ensuing investigation of his complaints was ineffective.
Relying on Article 5 §§ 1, 3 and 4 (right to liberty and security), he complains that his pre-trial detention was unlawful and unreasonably long and that neither he nor his lawyer had the opportunity to attend a hearing on the review of his pre-trial detention on 6 November 2007.
Finally, relying on Article 6 § 1 (right to a fair trial), he complains that the criminal proceedings against him were unfair, in particular because his conviction was based on confessions he made under duress while in police custody.
The European Court of Human Rights declared:
Violation of Article 3 (inhuman and degrading treatment) – on account of the applicant’s ill-treatment in police custody
Violation of Article 3 (procedural limb) – on account of the authorities’ failure to carry out an effective investigation into the applicant’s allegations of ill-treatment in police custody
Violation of Article 5 § 1 – in respect of the applicant’s pre-trial detention from 19 July 2007 to 21 February 2008
Violation of Article 6 § 1 –on account of the unfairness of the criminal proceedings against the applicant
Just satisfaction: EUR 15,000 (non-pecuniary damage)