As a result of the High Commissioner’s for Human Rights in Russia appeal to the Prosecutor’s General Office the constitutional right of citizen K. to access to justice has been restored. The criminal case against Mr K. has been closed in Krasnodar Territory. Mr K. has received official apologies. The above was reported by the Prosecutor’s General Office of the Russian Federation in official reply addressed to the Office of the High Commissioner.
On 26 October 2015, the High Commissioner submitted a petition to the Prosecutor General of Russia to examine appeal of Mr K. about unlawful criminal prosecution and to take measures to ensure his rights. The petition also noted that complainant’s reasoning that his constitutional right to access to justice had been violated was not unfounded.
Mr K. was charged with crime under Article 159, Clause 4 of the Criminal Code of the Russian Federation. Afterwards the criminal case had been closed several times due to lack of corpus delicti in Mr K.’s actions. However, every time Mr K. had appealed to the court for compensation of damage the decision on criminal case closure had been cancelled and the preliminary investigation had been resumed.
Following the results of examination the Prosecutor’s General Office found out no grounds for repeal of decision of the Investigative Section of the Department of the Ministry of Internal Affairs of The Russian Federation in Abakinsky District of Krasnodar Territory of 10 September 2015 on closure of investigation into the case of Mr K.
The Prosecutor of Krasnodar Territory has been ordered to impose sanctions on prosecutor’s office officials responsible for improper supervision of law observance. Currently Mr K. has the right to appeal to the court for compensation in connection with unlawful criminal prosecution.