Week-ending 8 October 2021
This week the European Court of Human Rights handed down four rulings in relation to Russia, finding violations of Convention articles 2 (right to life), 3 (prohibition on torture), 5 (right to liberty and security) 6 (right to fair trial) and 8 (right to respect for private and family life).
5 October 2021
A violation of the substantive aspect of Article 2 of the Convention on account of the disappearance of Mukhamed Khutiyev; a violation of the procedural aspect of Article 2 of the Convention on account of the authorities’ failure to investigate the disappearance of Mukhamed Khutiyev; a violation of Article 3 of the Convention on account of the applicants’ mental suffering; the respondent State is to pay the applicants jointly, within three months, EUR 60,000 (sixty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage. That amount is to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
A violation of Article 3 of the Convention under its substantive limb in that Mr Tyugulev was subjected to torture in police custody and that Mr Koval, Mr Yanchenko, Mr Piskunov, Mr Masalgin and Mr Vorotnikov were subjected to inhuman and degrading treatment, and a violation of Article 3 of the Convention under its procedural limb in respect of all the applicants in that no effective investigation was carried out by the domestic authorities into their complaints; a violation of Article 6 § 1 of the Convention in respect of Mr Koval, Mr Yanchenko, Mr Piskunov and Mr Tyugulev; a violation of Article 5 §§ 1 and 5 of the Convention in respect of Mr Koval; a violation of Article 3 of the Convention in respect of Mr Piskunov on account of his routine handcuffing in a secure environment; a violation of Article 3 of the Convention in respect of Mr Piskunov on account of his confinement in a metal cage during his court hearings; a violation of Article 8 of the Convention in respect of Mr Piskunov on account of the permanent video surveillance of his cells at the remand prison; the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, plus any tax that may be chargeable to the applicants, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
A violation of Article 3 of the Convention under its substantive and procedural limbs in respect of all the applicants; the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
TSECHOYEVA AND OTHERS v. RUSSIA
A violation of the procedural aspect of Article 2 of the Convention; the respondent State is to pay the applicants jointly, within three months, the following amounts: (i) EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (ii) EUR 2,000 (two thousand euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses, to the paid to the applicants’ representatives’ account as indicated by the applicants.
