Gremina v. Russia (Application no. 17054/08)

A selection of key paragraphs can be found below the document.


72. Taking into account the video recordings submitted by the Government (see paragraph 23 above), the Court sees no reason to doubt the above findings of fact reached by the domestic courts in the civil proceedings, according to which the applicant did not participate in the unauthorised rally by displaying the poster. It was the police officers who took the poster out of her bag, unrolled and examined it, and showed it to the police camera. This signifies that the factual basis for the applicant’s deprivation of liberty relied on by the respondent Government is missing. In the absence of the underlying events, the police had no grounds for escorting the applicant to the police station. Their order to get onto the police bus or car to take her to the police station was not therefore a lawful order which the applicant had to obey. Furthermore, contrary to the Government’s submissions, which are not based on the domestic law, the fact that the applicant was taken away from the police station by ambulance cannot justify the absence of a record of her deprivation of liberty. 

74. In view of the foregoing, the Court concludes that the applicant’s arrest at 11.45 a.m. on 24 March 2007 and her deprivation of liberty until 4.57 p.m. that day were arbitrary and unlawful.

75. There has therefore been a violation of Article 5 § 1 of the Convention. 

90. Taking into account that the applicant was 70 years old at the time, her state of health, the circumstances of her arbitrary and unlawful arrest, as well as the damage to her health, the Court finds that the unjustified use of force by the police in order to break the applicant’s resistance to their unlawful orders, apart from causing bodily harm and contributing to her hypertensive crisis, humiliated the applicant, showing a lack of respect for and diminishing her human dignity, and aroused feelings of fear, anguish and inferiority on her part.

92. There has accordingly been a violation of Article 3 of the Convention under its substantive head.



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