CHUDALOVY v. RUSSIA - 796/07 (Judgment : Prohibition of torture : Third Section Committee)

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

��������� Alena Pol�čkov�, President, ��������� Dmitry Dedov, ��������� Gilberto Felici, judges, and Olga Chernishova, Deputy Section Registrar,

the application (no. 796/07 ) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by two Russian nationals, Mr Muslim Musayevich Chudalov (�the first applicant�) and Ms Tabarik Chudalova (�the second applicant�), on 15 December 2006;

the decision to give notice to the Russian Government (�the Government�) of the complaints concerning the alleged ill-treatment of the first applicant from 8 January to 18 June 2005 and from 25 to 26 April 2012, the ineffectiveness of the investigation into those incidents, the unfairness of the criminal proceedings against the first applicant on account of the use of evidence allegedly obtained under duress and in the absence of a lawyer, and the complaint concerning the lack of effective domestic remedies to complain of ill-treatment in 2005;

In his application the first applicant complained, in particular, of his ill-treatment at the hands of police in 2005 and then in a correctional colony in 2012, and the authorities� failure to carry out effective investigation into those allegations. He also complained of the unfairness of the criminal proceedings against him on account of the use of evidence allegedly obtained under ill-treatment and in the absence of a lawyer. Lastly he submitted that he had no effective domestic remedies through which to complain of police ill-treatment.