NIKOLAYEV v. RUSSIA - 61443/13 (Judgment : Article 3 - Prohibition of torture : Third Section Committee)

Helen Keller, President, Pere Pastor Vilanova, María Elósegui, judges, and Fatoş Aracı, Deputy Section Registrar,

. According to the Government, Ms B. had informed police officer O. that the applicant was distributing leaflets. The applicant refused to familiarise officer O. with the contents of the leaflet or to leave the school premises upon her request. At 8.30 a.m. a special group of police officers arrived. They asked the applicant to present his identity documents and to proceed to the police van for an identity check. The applicant tried to escape; the police used force and handcuffs to stop him. Then the applicant was taken to the police station.

. The administrative case file contained a report by police officer M., which stated that at 8.50 a.m. on 1 September 2012 he and officer T. had arrested the applicant at the premises of School no. 118. The applicant had used foul language and had behaved inappropriately; in particular, he had disturbed passers-by. He had not reacted to their multiple requests to calm down and to cease this behaviour, had refused to present his identity documents and had tried to escape. Officer M. also recorded that the police had used physical force and handcuffs.

. Upon his release from the police station on 1 September 2012, the applicant went to Rostov-on-Don City Emergency Hospital. At 4.25 p.m. he was examined by a doctor, who diagnosed him with a sprain to the right shoulder and bruises on both wrists. After being provided with the necessary treatment, at 5.20 p.m. the applicant was released from the hospital. The applicant stayed on sick leave in connection with these injuries from 1 until 24 September 2012.

"In the present case the police officers intended to put an end to the breach of public order, consisting of [showing] disrespect to society accompanied by the use of foul language in a public place [by the applicant], disturbing citizens in an insulting manner and refusing to obey an order by a public official ... The police officers ... acted within their powers and did not violate the applicant's rights. Nor did they cause any impediment to the exercise of any such rights ..."