The ECHR found a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms with respect to all the applicants, Article 13, Article 6 § 1 of the Convention and Article 5 §§ 3 and 4 of the Convention for the Protec

Заголовок: The ECHR found a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Сведения: 2018-08-31 16:08:44

In the case, the applicants successfully complained about the inhuman conditions at the places where they served their sentences, the conditions for transfer and maintenance in metal cages in the courtroom, as well as the lack of effective domestic legal remedies. The case involved violations of the requirements of Article 3, Article 13, Article 6, paragraph 1, Article 5, paragraphs 3 and 4, of the Convention for the Protection of Human Rights.

In 2009, 2012, 2013, 2015 and 2016, the applicants were assisted in the preparation of аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants (five persons) complained of inhuman conditions at the places where they served their sentences, and certain applicants also on the conditions for removal and for holding in metal cages in the courtroom. Some applicants also complained about the lack of effective domestic remedies in connection with these conditions of detention, the inability to personally participate in the proceedings in civil proceedings and the length of detention pending trial.

On 20 July 2017, on the complaints lodged by the applicants, the Court unanimously held that in this case the Government violated the requirements of Article 3 of the Convention (prohibition of torture) against all applicants, Article 13 of the Convention (right to an effective domestic remedy), paragraph 1 of Article 6 of the Convention (the right to a fair trial), Article 5 §§ 3 and 4 of the Convention (right to liberty and security of the person) against certain applicants, and obliged the respondent State to pay Manifestations 43,950 euros in non-pecuniary damage. The applicants were awarded various amounts ranging from € 1,950 to € 15,800.

The ECHR judgment of 20 July 2017 in the case of Polomkin and Others v. Russia (аpplication No. 59297/09, 41524/12, 78846/13, 56756/15, 25055/16).

 

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