The case has successfully examined the complainant’s complaints that the punishment imposed on him for participating in a demonstration violated his rights to peaceful assembly and to freedom of expression. The applicant also complained that there were no sufficient grounds for his preliminary detention and that the conditions of detention, conditions of transfer and detention during the trial in a metal or glass chamber constituted degrading treatment. The case has violated the requirements of Article 3 of the Convention (prohibition of torture) in terms of transfer and holding in a glass chamber, Article 5 § 1 of the Convention (the right to liberty and security of person), Article 11 of the Convention (freedom of assembly and association).
In 2013 and 2014, the complainant was assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.
In his complaints, the complainant complained that the punishment imposed on him for participating in a demonstration on May 6, 2012 violated his rights to peaceful assembly and to freedom of expression. The applicant also complained that there were no sufficient grounds for his preliminary detention and that the conditions of detention, conditions of transfer and detention during the trial in a metal or glass chamber constituted degrading treatment.
On May 15, 2018, the European Court unanimously ruled that in this case the authorities violated the requirements of Article 3 of the Convention (prohibition of torture) in terms of transfer and holding in a glass chamber, the requirements of Article 5 § 1 of the Convention (the right to freedom and personal immunity), the requirement of Article 11 of the Convention (freedom of assembly and association), and ordered the respondent State to pay the applicant 12,500 euros in compensation. The concurring opinion was expressed by Judge D. Dedov (elected from the Russian Federation).
ECHR ruling of May 15, 2018 in the case of Lutskevich (Lutskevich) against the Russian Federation (applications N 6312/13 and 60902/14).