CASE OF GEDRIMAS v. LITHUANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
András Sajó;Egidijus Kūris;Iulia Motoc;Krzysztof Wojtyczek;Nona Tsotsoria;Paulo Pinto De Albuquerque;Gabriele Kucsko-Stadlmayer
5. The applicant was born in 1950 and lives in Jonava. 6. On 23 April 2008, around 2.45 a.m., two officers of the Jonava Police Department, V.B. and J.D., received an alert that there had been a break-in and robbery in a jewellery store. They called a dog handler, N.B., from the Kaunas Police Department who, with the help of a police dog, followed traces from the store to a garage complex on a nearby street and informed V.B. and J.D., who then went to the garage complex. 7. The applicant worked as a guard in that garage complex and on the night of 23 April 2008 he was on duty. It appears that no other employees were present in the garage complex at that time. 8. The officers V.B. and J.D. arrested the applicant and took him to Jonava police station. According to the official police record, the applicant was placed in detention at 4.55 a.m. on 23 April 2008 and released at 7.40 a.m. the same day. 9. Subsequently the applicant and the police officers presented different accounts of the circumstances surrounding the applicant’s arrest. 10. On 23 April 2008 the officer V.B. submitted the following report to his superior: “On 23 April 2008 I was on duty in Jonava together with officer J.D. At 4.25 a.m. we arrived at the entrance to the garage complex ... where an officer of the Kaunas Police Department, N.B., was waiting for us. He said that a police dog had followed traces to [a car] ... the car was identified as belonging to [the applicant]. We called the guard of the garage and asked him whose car it was, and he said that the car was his. When he was asked to state his name, surname and place of residence, the guard refused and began shouting and jostling (pradėjo rėkti ir stumdytis). He said that he did not have to tell us anything about himself. We explained that a crime had been committed and that he was under an obligation to comply with our lawful orders. The guard refused to comply and kept shouting and jostling. A restrictive measure handcuffs – was used against him. After the man was taken to the Jonava police station, it was identified that he was [the applicant].” The officer J.D. submitted an identically worded report the same day. 11. That same day the applicant submitted the following statement to the Jonava District Prosecutor (hereinafter “the prosecutor”): “On the night of 22-23 April 2008 I was on duty at the garage complex ... Around 4.30 a.m. three police officers came onto the premises. One of them asked me why I had driven drunk and fled. I explained that I was at my workplace, that I had not been drinking and had not gone anywhere (I had arrived at work at 9 p.m.). They checked the car and again began accusing me of being drunk and driving drunk. I told them that I was not drunk and that I had a medium-level disability (antros grupės neįgalumas). Then they dragged me into the administrative area, handcuffed me, pushed me to the floor and held me down, and twisted my arms behind my back (laužė rankas), it hurt a lot (my hands were handcuffed behind my back); one of them kicked me in the stomach four or five times, and they kept telling me to confess. Since I kept denying it, they took me to the police station and gave me an alcohol test, which gave a reading of zero ...” 12. That same day the applicant was examined by a doctor at a local hospital. The doctor found that the applicant’s entire abdominal area was sensitive when touched, although there were no external signs of contusion, and that there was limited and painful movement in the applicant’s shoulder joints. The final diagnosis read: “a contusion of the abdomen and a sprain of the shoulder joints” (pilvo sumušimas, pečių sąnarių raiščių patempimas). 13. On 23 April 2008 the prosecutor opened a pre-trial investigation concerning the applicant’s allegations of ill-treatment by the police officers. The prosecutor requested an additional medical examination of the applicant in order to determine whether there were any injuries on his body, and if so their nature, gravity and possible causes. 14. On 24 April 2008 the applicant was examined by a court medical expert. The report on the results of that examination, issued in June 2008, found a contusion on the applicant’s abdomen and indicated that it could have been caused by one blow from a hard blunt object (vienu trauminiu poveikiu). It also detected bruised skin on the applicant’s left wrist and a sprain of his shoulder joints, noting that they could have resulted from the circumstances described by the applicant, namely from being handcuffed and having his arms twisted behind his back, thus two separate traumas (dviem trauminiais poveikiais). The report concluded that the applicant’s injuries constituted negligible health impairment (nežymus sveikatos sutrikdymas). It also indicated that the applicant’s injuries were unlikely to have been caused by deliberate self-harming actions (nebūdingi tyčiniam savęs žalojimui) and that they could have resulted from fighting or selfdefence. 15. On 30 April 2008 police officer V.B. was questioned as a witness in the investigation. The written record of his interview was almost identical to his initial report (see paragraph 10 above), and added: “[The applicant] approached us and said that the car was his. After we asked him to state his name, surname and place of residence, he refused and began shouting and jostling ... After a while [the applicant] said that his documents were in the car and he went to the guard booth to get the car keys. After taking the keys, he turned to me and tried to punch me in the face. At that moment I was standing near the door. The punch missed because I managed to step back. Since he was resisting, I took him by one arm, the officer J.D. took him by the other, and we both handcuffed him. Physical force was used only when putting the handcuffs on him, other forcible actions were not used against him. We called the senior investigating officer L.B. to the scene of the event. He examined [the applicant’s car] and did not find any suspicious objects ...” 16. On 2 June 2008 police officer J.D. was questioned as a witness in the investigation; the written record of his interview was almost identical to that of V.B. (see paragraph 15 above). 17. On 17 July 2008 the police dog handler N.B. was questioned as a witness. He stated: “On the night of 23 April 2008 ... I went to the jewellery shop in Jonava ... A police dog followed traces to [the garage complex] and lost them by the car ... The car was examined by officers of the Jonava Police Department. It was identified as belonging to [the applicant] who, it emerged later, was a security guard at the garage complex ... He refused to give any statements and refused to go to the police station, so the officers asked him to identify himself, which he also refused to do, and therefore the officers tried to take him into custody and put him into the police car ... [The applicant] resisted the officers, punched one of them in the face, pushed and jostled them to try to avoid being apprehended, used various Russian swear words ... and threatened the officers ... He mentioned that he had friends in high-level positions. The police officers used combat wrestling methods (kovinių imtynių veiksmus) and [the applicant] was apprehended, handcuffed and taken to the Jonava police station to clarify the circumstances of the incident.” 18. On 30 July 2008 the applicant was granted victim status in the investigation and questioned. He stated: “On the night of 22-23 April 2008 ... [soon after 4 a.m.] two police officers entered the premises; they were wearing uniforms; one of them was taller than the other. They asked me if I was the guard. I told them I was. Then they told me to go outside ... The officers pointed to my car and asked me whose it was. I told them it was mine. Then both the officers came closer to me, one from the right and the other from the left, and without saying anything they twisted my arms behind my back (užlaužė rankas) ... Then they asked me why I had tried to escape from them and had not obeyed their order to stop. I told them that I had been at my workplace, that I had not gone anywhere and had not tried to escape from anyone. Then the officers started pulling my twisted arms upwards (užlaužtas rankas kėlė į viršų) and telling me to confess that I had fled. My arms were hurting ... I told the officers that I could go to the administrative area and get my car keys, so that they could check if my car’s engine was hot. The officers stopped twisting my arms, but did not release them and led me inside the premises. The car keys were on the table and the officers picked them up, I told them that my documents were in the car and they could check them ... When we were leaving the premises, I felt the officers handcuff me behind my back. Once I was handcuffed, the shorter officer walked in front of me and the taller officer behind me; and he was pulling up my handcuffed arms. I crouched down because of that and the shorter officer kneed me in the stomach about four times. I started feeling weak and dizzy. I kept asking the officers to release me and to stop torturing me. Then the shorter officer said that they would take me to the police station ... I told them that my documents were in the car, that my identity was known to them, and that I could not leave my workplace. Then the taller officer, who was behind me, took me outside while repeatedly twisting and pulling up my arms ... In about five minutes another officer in a uniform arrived, took my car keys, and tried to open the boot of my car ... The officers examined my car ... Then the shorter and the taller officers put me into their car, still twisting my arms. At the police station I was searched and given an alcohol test ... [W]hen the officers arrived at my workplace they did not identify themselves; I knew they were police officers only from their uniforms. They did not tell me why they were there, and did not ask me to identify myself; they only asked me if I worked there and if I was the guard. Before being handcuffed I did not jostle. I did not intend to punch the officers ...” 19. On 5 September 2008 the prosecutor arranged a confrontation between the applicant and police officer J.D. They both essentially reiterated their previous statements (see paragraphs 10, 11, 16 and 18 above). In addition, J.D. stated that the applicant had sworn at the officers when he had been asked to identify himself. J.D. also stated that after the applicant had gone to the guard booth to get his car keys he had attempted to lock himself inside the booth, but the officers had prevented the door from closing and had entered the booth as well. In the booth V.B. had been standing on the applicant’s right side and J.D. on his left. The door was on J.D.’s other side. After taking the car keys, the applicant had attempted to punch V.B. After that J.D. had taken the applicant by one arm and V.B. by the other, and they had cuffed his hands behind his back. The applicant disagreed with J.D.’s statements. He insisted that the officers had not asked him to identify himself, and that he had answered all their questions. The applicant also stated that J.D. and V.B. had been the only officers present at the scene and that there had not been a third officer with a dog. He denied swearing at the officers. J.D. replied that the dog handler, whose name he did not know, had been present during the entire incident, that he had also asked the applicant some questions, and that it was impossible for the applicant not to have noticed him. 20. On 15 September 2008 senior investigating officer L.B. was questioned as a witness. He stated: “I don’t remember the exact date but it could have been 23 April 2008 ... I was called to the garage complex ... When I arrived, there were two police officers, a dog handler with a dog, and another man – as I later found out, it was [the applicant]. The officers told me that the dog had followed traces to one of the cars, so I examined that car. I don’t remember if [the applicant] was handcuffed at the time when I examined the car, I wasn’t paying attention. I don’t remember if [the applicant] was swearing at or insulting the police officers, I didn’t notice whether he was actively resisting. After examining the car I didn’t find anything suspicious. Then I immediately left, whereas the officers, the dog handler and [the applicant] stayed there ... I can confirm that the handler with the dog was present when I arrived, it was impossible for [the applicant] not to have seen him. When I was examining the car, [the applicant] was nearby, I don’t remember if he was saying or doing anything. The officers were also standing nearby, I don’t remember what exactly they were doing.” 21. On 30 September 2008 the prosecutor arranged a confrontation between the applicant and the dog handler N.B. The applicant stated that he had never seen N.B. before and that neither N.B. nor any dog had been present at the time of his arrest. Meanwhile N.B. insisted that he had been present: “I was at the scene of the incident, I was with a dog, I saw [the applicant’s] arrest and I helped two police officers to twist [the applicant’s] arms (padėjau užlaužti rankas) ... I went to the guard booth with the officers. The applicant opened the door of the booth and stepped outside. We explained to him why we were there – that a crime had been committed and that the dog had led us to the cars which were parked nearby. We asked the applicant to identify himself and to tell us whose cars were parked there. The applicant refused, began swearing and insulting us, and said that it was none of our business. Then we explained to him that if he didn’t identify himself he would be forcibly taken to the police station. At some point the applicant raised his hand against one of the officers, I don’t remember which one, and I didn’t see if he hit him or not. Then the officers and I took him by the arms; I don’t remember if we twisted them (suėmėme jam už rankų, ar užlaužėm, neatsimenu). Then my dog ran towards us; it had been fifteen metres away by the fence or the wall of the garage, I don’t remember exactly. I caught the dog and tied it up, possibly to the fence, and then I returned to the officers and the applicant. I helped the officers to hold the applicant’s hands and one of them put on handcuffs. I don’t remember what time we went to the guard booth. Nothing happened inside the booth.” N.B. further specified that “probably not more than a minute” had passed from the moment the applicant was handcuffed until the moment he was put into the police car. He also stated that he had not seen whether the applicant had been beaten or kicked by the officers. He stated that although the incident had happened during the night, everything was clearly visible. 22. On 30 September 2008 the prosecutor arranged a confrontation between the applicant and police officer V.B. The applicant stated that V.B. and J.D. had twisted his arms outside, next to the guard booth, that they had handcuffed him inside the booth, and that J.D. had then forcibly pulled up his arms, while V.B. had kneed him in the stomach three or four times. V.B. disagreed with the applicant’s statements and denied kneeing him. He stated: “When we arrived at the garage complex, the dog handler told us that the dog had followed the traces of the possible criminal to the car. Then I identified whose car it was. Afterwards the applicant came towards me: I didn’t see how he got there because at that time I was talking on the portable radio ... After being told that a crime had been committed, the applicant said that he “didn’t give a damn” and that he “didn’t have to explain anything”. When we told the applicant that if he refused to identify himself he would be taken to the police station, he started jostling me and J.D. Then I grabbed him by the wrist and bent it back, and once again told him to identify himself. When a wrist is bent, it doesn’t hurt if the person himself doesn’t move. Besides, before grabbing the applicant I warned him that if he kept jostling us physical force would be used against him. Then the applicant identified himself to us. Then he said that he would go to the guard booth to get the car keys and documents. He walked to the booth and I, J.D. and the dog handler followed, I don’t remember in which order. In the booth the applicant went to the table and I stood by the door. He picked up the documents and then turned round and punched me in the face. His fist barely touched my mouth but didn’t cut it (jo kumštis vos palietė mano lūpą, jos neprakirto) because I managed to step back. Then I grabbed his arm and twisted it behind his back. J.D. twisted the other arm and the dog handler also helped. Then either I or J.D. handcuffed the applicant. Then I led him outside the booth ... During the arrest the applicant was swearing; he did not insult me personally and I did not pay attention to the swear words he used.” V.B. further specified that when they went into the guard booth, he was standing closest to the applicant inside the booth, near the door, while J.D. and N.B. were standing behind V.B.’s back. 23. On 4 November 2008 the prosecutor discontinued the pre-trial investigation. The prosecutor held that the applicant had obstructed the police officers in the performance of their duties, had refused to comply with their lawful orders, had jostled and used swear words, had actively resisted the officers, and had attempted to punch V.B. The prosecutor found no grounds to doubt the statements of the officers V.B., J.D. and N.B., because those statements had been “consistent and logical”; the applicant’s statements could not however be considered reliable, because he had claimed that he had not seen the dog handler N.B. at the scene of the incident, although it had been established that N.B. was there. The prosecutor further held that the injury to the applicant’s abdomen was not sufficient to find that V.B. had kneed him in the stomach, because such an injury could have occurred while the applicant was resisting the officers, as seen from the statements of V.B., J.D. and N.B. In such circumstances, the prosecutor considered that the officers had been justified in using physical force against the applicant, and that they had acted in line with the applicable domestic law. 24. The applicant appealed against the prosecutor’s decision. He submitted that V.B. had admitted to having bent his wrist back (see paragraph 22 above) but that that detail had been disregarded during the investigation. He also submitted that the results of the medical examination had clearly indicated injuries on his abdomen which could not have been caused by the officers’ lawful actions. The applicant noted that the Police Activity Act allowed the use of physical force in order to prevent crime, arrest individuals who had committed crimes, or in other situations when justified by the public interest (see paragraph 49 below), but not in order to establish a person’s identity. He submitted that he was of advanced age (fifty-eight years old at the time of the incident) and had a medium-level disability, so it was illogical that he could have violently resisted two police officers. The applicant also pointed out several discrepancies between the officers’ statements: (a) V.B. had stated that the applicant had attempted to punch him inside the guard booth (see paragraph 15 above), whereas N.B. had said that nothing had happened inside the booth (see paragraph 21 above). (b) J.D. had stated that he and V.B. had approached the guard booth and the applicant had stepped outside, and that physical force had been used against the applicant only when handcuffing him and only inside the booth (see paragraph 19 above). However, V.B. had stated that he had been examining the applicant’s car when the applicant had approached him, and that the applicant’s arms had been twisted when he was outside in order to make him identify himself (see paragraph 22 above). Meanwhile N.B. had presented yet another version of events: that the applicant had attempted to punch one of the officers outside, then he had been handcuffed, and only then had everybody gone inside the guard booth, where nothing had happened (see paragraph 21 above). Lastly, the senior investigator L.B. had not noticed any active resistance by the applicant (see paragraph 20 above). (c) J.D. had stated that the applicant had attempted to lock himself inside the booth (see paragraph 19 above), but the booth did not have any mechanism which would allow it to be locked from the inside. Accordingly, the applicant complained that the pre-trial investigation had not been thorough and had not objectively established the circumstances of his arrest and injury. 25. On 20 March 2009 a senior prosecutor upheld the applicant’s appeal and reopened the investigation. 26. In April 2009, at the prosecutor’s request, a court medical expert carried out an additional examination of the applicant’s medical file. The report on the results of that examination confirmed the findings of the previous medical examination (see paragraph 14 above). The report also specified that the bruises on the applicant’s left wrist and the sprain of his shoulder joints could have been caused during a fight (grumtynių metu) or by handcuffing or twisting of his arms, and that the contusion on the abdomen could have resulted from a direct blow (suduodant tiesioginį smūgį). The report concluded that the applicant’s injuries constituted negligible health impairment, and that even though he had subsequently required medical treatment, this had been caused by his defective heart valve and not by the injuries. 27. In April 2009 the prosecutor questioned two other witnesses as requested by the applicant – his acquaintances A. and V. They both stated that they had seen the applicant soon after his arrest and that they had noticed his injuries. 28. On 16 April 2009, at the applicant’s request, the Jonava District Court changed the prosecutor in charge of the pre-trial investigation. The court upheld the applicant’s arguments that the previous prosecutor, who had decided to discontinue the investigation, could not be seen as impartial, and ordered the Jonava District Prosecutor’s office to appoint a different prosecutor. 29. In April and May 2009 the new prosecutor inspected the location of the incident. 30. On 4 May 2009 another witness requested by the applicant, his acquaintance V.V., was questioned. V.V. stated: “Around 23 April 2008, I don’t remember the exact date, around 4 a.m. I went to [the applicant’s] workplace ... to ask him to give me a lift home. At that time it was still dark. Then I saw two officers approach [the applicant] from both sides and twist his arms. I heard [the applicant] scream and ask who they were and why they were twisting his arms. After twisting his arms the officers led him to [the guard booth]. I heard [the applicant] screaming inside the booth and asking why they were hitting him. Then I saw the two officers lead him outside handcuffed and with twisted arms. Before [the applicant] was taken inside the booth, his hands had not been handcuffed. I didn’t see whether [the applicant] had been hit, I only heard him ask why they were hitting him. Then I went to [the applicant’s son’s house] to inform him about what had happened but nobody answered the door, so I came back alone [to the garage complex] but I didn’t find anyone there. I didn’t see what happened afterwards. I spoke to [the applicant] a few months later, around January-February 2009, and he mentioned the incident with the officers ...” 31. On 21 May 2009 the prosecutor arranged a confrontation between the officers V.B. and N.B. They were both asked about the place where the applicant had allegedly attempted to punch V.B., and gave the following responses: “V.B.: [The applicant] punched me inside the premises, that is in the guard booth. N.B.: I didn’t see if [the applicant] had attempted to punch the officer in the booth ... When I was outside, I saw jostling between the officers and [the applicant] (įvyko susistumdymas). [The applicant] was jostling the officers, but I can’t say exactly if he punched an officer. It was dark, I could have been mistaken.” 32. On 1 June 2009 the prosecutor discontinued the pre-trial investigation, relying on essentially the same grounds as the previous prosecutor in his decision (see paragraph 23 above), and a senior prosecutor upheld that decision. However, on 28 August 2009 the Jonava District Court upheld the applicant’s appeal and reopened the investigation. The court held that the investigation had not been thorough because it had not determined whether the use of force by the police officers had been within the limits provided by the Police Activity Act (see paragraph 49 below), and it had not established the circumstances surrounding the injury to the applicant’s abdomen. 33. In September 2009, at the prosecutor’s request, a court medical expert carried out an additional assessment of the applicant’s medical file. The report on the results of that assessment confirmed the findings of the previous medical reports (see paragraphs 14 and 26 above). In addition, the report specified that the contusion on the applicant’s abdomen could have been caused either by a blow from an object or by bumping into an object (tiek suduodant, tiek atsimušant), and that the injuries to the applicant’s left wrist and shoulder joints could have resulted from his offering resistance while being apprehended. The report also concluded that the injuries to the applicant’s wrist, shoulder joints and abdominal area were not likely to have been caused by falling down (nebūdingi sužalojimams, padarytiems nugriuvus). The examination could not determine the exact sequence of the injuries, but noted that they could have all been caused at the same time and that at that time the applicant could have been in various positions. 34. On 28 October 2009 L.B. was questioned again. He confirmed his earlier statements (see paragraph 20 above), and added that on 23 April 2008 he had arrived at the garage complex alone and that he had not been wearing a police uniform at the time. He also stated that at the time of his arrival the handler with a dog had been present at the scene and that it would have been impossible for the applicant not to see them. 35. On 12 November 2009 the prosecutor discontinued the pretrial investigation. The prosecutor held that officers V.B., J.D. and N.B. had given consistent statements about the incident and there were no grounds to doubt them. On the other hand, the prosecutor considered that the applicant’s statements had been inconsistent: during one questioning he had said that the officers had hit him inside the guard booth and during another he had said that they had hit him outside; he had also stated that officer L.B., who had arrived on the scene later, had been wearing a uniform, but L.B. had denied this; lastly, the applicant had claimed that neither N.B. nor a police dog had been present during the incident, but the contrary had been proven by N.B.’s official report and consistent statements of all the officers. The prosecutor also noted that the witness V.V. had not seen the officers hit the applicant. Lastly, the prosecutor held that the injury to the applicant’s abdomen was not sufficient to find that he had been kneed by the officers, because the medical examination had shown that such an injury could have been caused either by being hit with an object or by bumping into an object. Accordingly, the prosecutor concluded that the use of physical force by the police officers had been a lawful and proportionate response to the applicant’s violent resistance, and to his refusal to comply with their lawful orders. 36. The applicant appealed against the prosecutor’s decision. He submitted that the investigation had still not clarified the contradictions between the officers’ statements (see paragraph 24 above). He further submitted that V.B.’s and J.D.’s first reports had not mentioned that the applicant had been swearing at the officers or had attempted to punch one of them, and that those allegations had been made only much later, well after the incident. The applicant also noted that, contrary to N.B.’s statements (see paragraph 21 above), he could not have tied his dog to a fence because there was no fence at the garage complex, nor was it possible to tie the dog to the brick wall of the garage. 37. On 2 December 2009 a senior prosecutor dismissed the applicant’s appeal, but on 24 December 2009 the Jonava District Court quashed the prosecutor’s decision and reopened the investigation. 38. On 28 January 2010 witness V.V. was questioned again. He stated: “[W]hen I was on my way to the garage complex, fifteen to twenty metres from the guard booth, I saw a police car and stopped by the corner of the garage wall ... Next to [the applicant’s] car there were two officers in police uniforms and [the applicant] ... I heard one of the officers ask [the applicant] to whom the car belonged ... [The applicant] said that the car was his and that he would get the keys so that the officers could examine the car ... I saw [the applicant] turn round to go to the guard booth and then the larger police officer with a moustache grabbed him by the shoulder ... twisted his arm ... and the other officer twisted his other arm. Everything happened right next to [the car]. The two officers led the applicant, with his arms twisted, to the guard booth. Outside, the officers still held his arms twisted behind his back, but didn’t handcuff him ... [the applicant] was not saying anything offensive and was not resisting. When [the applicant’s] arms were twisted, he started shouting, “Guys, why are you twisting my arms?”. But the officers, without any explanation, led him to the booth with his arms twisted behind his back. At that moment another man got out of the same police car, but I don’t know if he was an officer or not because he was in plain clothes. He also went to the booth and was standing in the doorway because the door was open. I heard [the applicant] scream inside the booth, “Guys, why are you hitting me?”. The third man did not enter the booth; he stood in the doorway the whole time. I think [the applicant] and the officers were inside the booth about ten or fifteen minutes. Then I saw the man who had been standing in the doorway step aside and the same two officers lead [the applicant] from the booth with his hands handcuffed and twisted behind his back. I think both the officers were pulling up his handcuffed arms. Outside [the applicant] asked the officers, “Guys, why did you hit me in the stomach?”... I didn’t see the officers hit [the applicant], I only heard him scream inside the booth ... I saw everything well because the area around the booth was lit. It was still before dawn then. I didn’t see a dog near the booth ...” 39. On 8 March 2010 the prosecutor discontinued the pre-trial investigation, relying on essentially the same grounds as in the previous decisions (see paragraphs 23 and 35 above). The applicant appealed against that decision, and on 6 April 2010 a senior prosecutor reopened the investigation. 40. On 21 April 2010 V.B. was questioned again. He essentially repeated his previous statements (see paragraphs 10, 15 and 22 above), but did not mention bending back the applicant’s wrist outside. V.B. also stated that when he and J.D. had followed the applicant to the guard booth, N.B. had probably followed them, but V.B. could not remember the exact order in which they had walked. J.D. was also questioned the same day and the written record of his testimony was almost identical to that of V.B. 41. On 6 May 2010 N.B. was questioned again. He essentially repeated his previous statements (see paragraphs 17 and 21 above), and added: “I didn’t go inside the guard booth, I stayed near the door, and that’s why during previous questioning I said that nothing happened inside the booth and that I didn’t see if there had been an attempt to punch an officer in the booth, because I couldn’t see it from the outside. When [the applicant] was led out of the booth, he was handcuffed ... My dog was further away the whole time, tied to the garage wall ... As for the punch ... I can only say that it appeared to me that [the applicant] had attempted to punch an officer. During the first questioning I said that he had punched an officer, but I may have been wrong because I didn’t consider this an important circumstance; also, during that questioning I wasn’t asked exactly whether there had been a punch or just an attempt to punch – as I said before, [the applicant] was jostling the officers, so it seemed to me that he had punched an officer.” 42. On 7 June 2010 the prosecutor discontinued the pretrial investigation, relying on essentially the same grounds as in the previous decisions (see paragraphs 23, 35 and 39 above), and a senior prosecutor dismissed the applicant’s appeal. However, on 29 July 2010 the Jonava District Court reopened the investigation. The court held that although the investigation concerned criminal activity allegedly committed by V.B. and J.D., these two officers had been questioned as regular witnesses, in violation of the Code of Criminal Procedure (see paragraph 50 below). The court considered that there had been a grave breach of V.B. and J.D.’s defence rights, as they had been denied the special rights of persons who may testify about their own possibly criminal activity – such as the right to have a representative, the right to request to be granted the status of a suspect, and exemption from responsibility for refusing to testify or providing wrongful testimony. As a result, all the procedural actions carried out in their respect – such as interviews and confrontations – had to be declared void. Accordingly, the court concluded that essential investigative actions had not been carried out. On 6 September 2010 the Kaunas Regional Court upheld that judgment. 43. On 2 November 2010, at the applicant’s request, the pre-trial investigation was transferred to the Kaunas District Prosecutor. 44. In May 2011 V.B. and J.D. were questioned as special witnesses who were testifying about their own alleged criminal activity (see paragraph 50 below). They both essentially repeated their earlier statements (see paragraphs 10, 15, 16, 19, 22 and 40 above), emphasising that they could no longer exactly remember all the details, because of the passage of time. 45. On 30 June 2011 the Kaunas District Prosecutor discontinued the investigation. The prosecutor relied on essentially the same grounds as the Jonava District Prosecutor in its earlier decisions (see paragraphs 23, 35, 39 and 42 above), and concluded that the applicant’s statements had been inconsistent, whereas the consistent statements of all the police officers had shown that the use of force had been a lawful and proportionate response to the applicant’s resistance and his refusal to comply with the officers’ lawful orders. On 29 July 2011 a senior prosecutor upheld that decision. 46. On 7 September 2011 the Kaunas District Court and on 25 October 2011 the Kaunas Regional Court dismissed the applicant’s appeals. Both courts concluded that the pre-trial investigation had been thorough and its discontinuation had been justified. 47. On 23 April 2008 the Jonava Police Department charged the applicant with the administrative offence of refusing to comply with lawful orders of police officers and resisting them (Article 187 § 1 of the Code of Administrative Offences). On 9 May 2008 the administrative proceedings against the applicant were adjourned, pending the results of the pretrial investigation into his allegations of ill-treatment by the police, and were subsequently discontinued as time-barred. 48. According to the material submitted to the Court, the applicant was never suspected or accused, nor did he hold any other status in the proceedings, in the criminal case concerning the robbery of the jewellery shop (see paragraph 6 above). A report by the Jonava Police Department of 8 July 2008 indicated that the applicant’s sons E. and A. were being investigated in connection with the robbery, but it appears that neither of them was charged. In 2009 the investigation was suspended without identifying those responsible for the robbery.