Mr. Rzhavin applied to Regional public organization “Human being and Law” (Mari El) and later — to the Mari El representation of the Interregional Committee Against Torture asking for help. Besides, he filed an application to the Prosecutor’s Office. However the Yoshkar-Ola Prosecutor’s Office appeared incapable of protecting the pensioner’s rights. The investigation authorities issued several unlawful refusals to initiate a criminal case that were cancelled by Mari El courts. But that did not help. The prosecutorial checks lasted for 6 years and finally the investigation came to a dead-end.
In 2007 the ICAT filed an application to the Strasbourg Court. In spring the court started examining the merits of the application and asked the Russian Government a series of questions. Having learnt the position of the Government, the Committee was agreeably surprised by the fact that Russia had acknowledged breaches of Articles 3 and 13 of the Convention and proposed a friendly settlement to the applicant for the sum of 12 000 euro. This information was contained in the Memorandum of Russian Human Rights Commissioner in the European Court of Human Rights, deputy Russian Minister of Justice G.O. Matyuhkin. It should be noted that Russia has on the international level acknowledged that Mr. Rzhavin was subject to inhuman treatment, unlawfully deprived of liberty, and the investigation authorities under the prosecutor’s office did not carry out an adequate investigation.
On November 25, 2010 Boris Rzhavin agreed to waive any further claims against Russia and concluded a friendly settlement agreement with the state.
We would like to remind you that at the beginning of this year the European Court of Human Rights asked the Russian Government questions under the case of Elvira Kislitsina (Mari El Republic). The RF acknowledged breaches of Articles 2, 3, 13 of the ECHR in its Memorandum and proposed a friendly settlement. The Court suggested that Kislitsina should receive 50 000 euro as compensation of moral damage.