003-3932575-4548659
WyrokETPCz2012-05-03
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy pobicia skarżącego przez policję oraz niewystarczające śledztwo w tej sprawie stanowiły naruszenie zakazu tortur i nieludzkiego traktowania z art. 3 Konwencji?Ratio decidendi
Trybunał uznał, że pobicia skarżącego przez funkcjonariuszy policji po jego aresztowaniu stanowiły nieludzkie traktowanie, naruszając art. 3 Konwencji. Ponadto, Trybunał stwierdził, że krajowe śledztwo w sprawie zarzutów skarżącego dotyczących złego traktowania było nieadekwatne, co również stanowiło naruszenie proceduralnego aspektu art. 3 Konwencji, który wymaga skutecznego dochodzenia w przypadku wiarygodnych zarzutów złego traktowania.Stan faktyczny
Skarżący, Valentin Nitsov, obywatel Rosji, urodzony w 1964 roku, zarzucił, że w sierpniu 2003 roku był torturowany przez policjantów przez kilka godzin, gdy był przetrzymywany w areszcie pod zarzutem usiłowania zabójstwa. Mimo że dobrowolnie przyznał się do przestępstwa, twierdził, że był źle traktowany z zemsty. Późniejsze śledztwo w sprawie jego zarzutów było według niego niewystarczające. Został skazany na dziesięć lat więzienia, później zmniejszone do ośmiu.Rozstrzygnięcie
Stwierdza naruszenie art. 3 Konwencji (pobicia skarżącego przez policję po aresztowaniu). Stwierdza naruszenie art. 3 Konwencji (skuteczne śledztwo).Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 191 (2012)
03.05.2012
Judgments concerning Azerbaijan, Germany, Greece, Poland,
Russia, Slovakia, Turkey
The European Court of Human Rights has today notified in writing the following 14
judgments, of which 9 (in italics) are Committee judgments and are final. The others are
Chamber judgments1 and are not final.
Repetitive cases2 and length-of-proceedings cases, with the Court’s main finding
indicated, can be found at the end of the press release. The judgments available only in
French are indicated with an asterisk (*).
Nitsov v. Russia (no. 35389/04)
The applicant, Valentin Nitsov, is a Russian national who was born in 1964 and lives in
Goryunok, the Kirov Region (Russia). The case concerned his allegation that he had been
tortured by police officers for several hours in August 2003 when being held in custody
on suspicion of the attempted murder of one of their colleagues, despite the fact that he
had already voluntarily confessed to the offence. He was subsequently convicted and
sentenced to ten years’ imprisonment, later reduced to eight years. Relying in particular
on Article 3 (prohibition of inhuman or degrading treatment), he alleged that he had
been ill-treated by the police out of revenge for his shooting their colleague and that the
subsequent investigation into his allegation had been inadequate.
Violation of Article 3 (beatings inflicted on the applicant by the police after his arrest)
Violation of Article 3 (effective investigation)
Just satisfaction: EUR 15,000 (non-pecuniary damage) and EUR 350 (costs and
expenses)
Salikhov v. Russia (no. 23880/05)
The applicant, Valery Salikhov, is a Russian national who was born in 1965 and lived in
Novosibirsk before being arrested in June 2004 on suspicion of rape. The case concerned
his complaint that, while being held for questioning on that offence, police officers had
beaten him with truncheons and, pinning him down, forcibly removed his underwear and
cut his fingernails in order to obtain evidence of the rape. He was then paraded naked
from the waist down around the police station. He also claimed that officials
subsequently had attempted to take a blood sample from him by force. He complained of
further ill-treatment in October 2004 when taken to a hearing concerning the extension
of his detention, alleging that he had been beaten beforehand and presented to the
judge bloody, barefoot, wet and dirty. He also complained that the investigations into
both these allegations of ill-treatment had been ineffective. He relied on Article 3
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month
period following a judgment’s delivery, any party may request that the case be referred to the Grand Chamber
of the Court. If such a request is made, a panel of five judges considers whether the case deserves further
examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral
request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for
supervision of its execution. Further information about the execution process can be found here:
www.coe.int/t/dghl/monitoring/execution
In which the Court has reached the same findings as in similar cases raising the same issues under the
Convention.
(prohibition of inhuman or degrading treatment). Further relying on this article, he also
complained about the conditions of his detention on remand, which he alleged were
appalling. Notably, inmates had to use a bucket to go to the toilet and were only given
food once per day on weekdays. Lastly, he complained that the criminal proceedings
against him had been unfair as he had not been able to examine in open court the key
witnesses against him, in breach of Article 6 §§ 1 and 3 (d) (right to obtain attendance
and examination of witnesses).
Violation of Article 3 (circumstances in which the forensic evidence was taken)
Violation of Article 3 (detention conditions)
Violation of Article 3 (circumstances surrounding the applicant’s transport to the
court-house)
Violation of Article 6 §§ 1 and 3 (d)
Just satisfaction: EUR 20,000 (non-pecuniary damage) and EUR 1,000 (costs and
expenses)
Yevgeniy Kuzmin v. Russia (no. 6479/05)
The applicant, Yevgeniy Kuzmin, is a Russian national who was born in 1982 and lives in
Mariinsk, Kemerovo Region (Russia). A police officer, he was arrested in September on suspicion of aggravated assault and of causing death when extracting a
confession from a suspect, following which he was detained awaiting trial. His pre-trial
detention was continuously extended thereafter until his conviction and sentencing in
November 2004 to five-and-a-half years in prison. Relying in particular on Article 5 § 3
(right to liberty and security), Mr Kuzmin complained that the domestic authorities had
not given sufficient reasons for his continued pre-trial detention.
Violation of Article 5 § 3
Just satisfaction: EUR 1,000 (non-pecuniary damage). The applicant did not submit
any claim for costs and expenses.
Repetitive cases
The following cases raise issues which have already been submitted to the Court.
Chorobik v. Poland (no. 45213/07)
This case concerned the applicant’s complaint that he could not bring his case to the
Supreme Administrative Court because it had rejected his cassation appeal as out of
time. The applicant relied on Article 6 § 1 (right of access to court).
No violation of Article 6 § 1
The applicants in the following three cases all complained about the non-enforcement or
delayed enforcement of judgments in their favour. They relied on Article 6 § 1 (right to
fair trial) and Article 1 of Protocol No. 1 (protection of property).
Bakhshiyev and Others v. Azerbaijan (no. 51920/09) - delayed enforcement
Gasimova and Others v. Azerbaijan (no. 7867/09) - delayed enforcement
Bobic v. Bosnia (no. 26529/10) - non-enforcement
Violation of Article 6 § 1
Violation of Article 1 of Protocol No. 1
Taşçı and Demir v. Turkey (no. 23623/10)*
The applicants, Agit Taşçı and Rıdvan Demir, are Turkish nationals who were born in and 1993 respectively. Minors at the time of the events in question – a Molotov-
cocktail attack on police housing -, they complained about the length of their pre-trial
detention and the lack of a remedy enabling them to contest that measure. They are
currently still being held in pre-trial detention. They relied in particular on Article 5 §§ 3
and 4 (right to liberty and security).
Violation of Article 5 § 3
Violation of Article 5 § 4 (right to have lawfulness of detention decided speedily by a
court)
Length-of-proceedings cases
In the following case, the applicant complained in particular under Article 6 § 1 (right to
a fair hearing within a reasonable time) about the excessive length of non-criminal
proceedings.
Cangelaris v. Greece (no. 28073/09) *
Violation of Article 6 § 1
In the following cases, the applicants complained in particular under Article 6 § 1 (right
to a fair hearing within a reasonable time) about the excessive length of criminal
proceedings brought against them.
Seta v. Greece and Germany (no. 30287/09)
Zelidis v. Greece (no. 59793/08)
Sagropoulos v. Greece (no. 61894/08)
Ioannis Karagiannis v. Greece (no. 66609/09)
Masár v. Slovakia (no. 66882/09)
Violation of Article 6 § 1 – in all cases
Violation of Article 13 – in the cases of Zelidis v. Greece, Sagropoulos v. Greece and
Ioannis Karagiannis v. Greece
This press release is a document produced by the Registry. It does not bind the Court.
Decisions, judgments and further information about the Court can be found on
www.echr.coe.int. To receive the Court’s press releases, please subscribe to the Court’s
RSS feeds.
Press contacts
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Denis Lambert (tel: + 33 3 90 21 41 09)
The European Court of Human Rights was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło