Turbylev v. Russia (Application no. 4722/09)
Key paragraph(s) can be found below the document.CASE-OF-TURBYLEV-v.-RUSSIA
75. By failing in its duty to carry out an effective investigation, the State fostered the police officers’ sense of impunity. The Court stresses that a proper response by the authorities in investigating serious allegations of ill‑treatment at the hands of the police or other similar agents of the State in compliance with the Article 3 standards is essential in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion or tolerance of unlawful acts
97. The Court concludes that the domestic courts’ use in evidence of the statement of the applicant’s surrender and confession obtained as a result of his ill-treatment in violation of Article 3 and in the absence of access to a lawyer has rendered the applicant’s trial unfair.