The ECHR has found a violation of the requirements of Article 3, paragraphs 3 and 4 of Article 5, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of the requirements of Article 3, paragraphs 3 and 4 of Article 5, Article 8 Сведения: 2019-11-19 08:54:44

The ECHR judgment of May 21, 2019 in the case of Bykovtsev and Prachev v. Russia (applications Nos. 27728/08 and 44353/08).

In 2008, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications of ill-treatment during the applicants' detention in the police department and the fact that no effective investigation was carried out in this connection and that their pre-trial detention was excessively long and was not substantiated, the solitary confinement of the first applicant amounted to inhuman and degrading treatment. In the case there was a violation of the requirements of Article 3, paragraphs 3 and 4 of Article 5, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In their applications, the applicants complained that they had been ill-treated during their detention in the police department and that no effective investigation was carried out in this connection. The applicants also submitted that their pre-trial detention was excessively lengthy and was not substantiated. The first applicant further complained that his solitary confinement from May 20, 2009 to May 20, 2012 amounted to inhuman and degrading treatment. He also complained that he was sent to serve his sentence in an institution located more than 8,000 km from the place of residence of his elderly disabled mother, wife and two children.

On May 21, 2019, in response to applications submitted by the applicants, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture) in its substantive and procedural aspects, Article 5 § 3 of the Convention (right to liberty and security of person) in respect of both applicants, Article 5 § 4 of the Convention in respect of the first applicant, Article 8 of the Convention (right to respect for private and family life) in respect of the first applicant, and obliged the authorities of the respondent State and to pay the first and second applicants 60 000 and 50 000 euro respectively for non-pecuniary damage.

 

 

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