ECHR ruling of July 10, 2018 in the case of Abdulkadyrov and Dakhtayev (Abdulkadyrov and Dakhtayev) against the Russian Federation (application N 35061/04).
The case was successfully examined by the applicants that they were subjected to ill-treatment during their detention and that there was no effective investigation in this regard. The applicants also complained that their conviction was based on evidence obtained as a result of the ill-treatment, they were not given the opportunity to question the prosecution witnesses, they were sent to serve correctional facilities far away from their place of residence. The case has violated the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its substantive and procedural aspects, Article 6, Article 8 of the Convention.
In 2004, complainants were assisted in preparing a application. Subsequently, the complaint was communicated to the Russian Federation.
In their application, the applicants complained that they had been ill-treated in custody and that there was no effective investigation in this regard. The applicants also complained that their conviction was based on evidence obtained as a result of the ill-treatment, and they were not given the opportunity to question the prosecution witnesses. In addition, the applicants complained that they had been sent to serve their sentences in correctional institutions located far from their place of residence.
On 10 July 2018, the European Court unanimously decided that in the present case the authorities violated the requirements of Article 3 of the Convention (prohibition of torture) in its substantive and procedural aspects, Article 6 of the Convention (right to a fair trial), Article 8 of the Convention (the right to respect for private and family life), and ordered the respondent state to pay each applicant 37,000 euros in compensation for non-pecuniary damage.