KASILOV v. RUSSIA - 2599/18 (Judgment : Remainder inadmissible : Third Section) French Text [2021] ECHR 603 (06 July 2021)

KASILOV v. RUSSIA - 2599/18 (Judgment : Remainder inadmissible : Third Section) French Text [2021] ECHR 603 (06 July 2021)

The applicant's detention conditions, including overcrowding, lack of amenities, and routine strip searches, constituted degrading treatment in violation of Article 3. The retention of bail after the applicant was placed in detention lacked a legitimate aim and violated Article 1 of Protocol No. 1. The question of...

Source-derived case information.

Citation
[2021] ECHR 603
Parties
Applicant: Arkadiy Vladimirovich Kasilov; Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Application partly allowed; violations found; compensation awarded.
Legal Topics
Degrading Treatment, Detention Conditions, Right to Property, Restitution of Bail, Effective Remedy
Human Rights Law Criminal Law Degrading Treatment Detention Conditions Right to Property Restitution of Bail Effective Remedy

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Parties

Arkadiy Vladimirovich Kasilov

Applicant

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicant's detention conditions and strip searches violated Article 3 of the Convention
  2. 2 Whether the retention of bail violated Article 1 of Protocol No. 1 to the Convention
  3. 3 Whether the applicant had an effective remedy for restitution of bail under Article 13 of the Convention

Ratio Decidendi

The applicant's detention conditions, including overcrowding, lack of amenities, and routine strip searches, constituted degrading treatment in violation of Article 3. The retention of bail after the applicant was placed in detention lacked a legitimate aim and violated Article 1 of Protocol No. 1. The question of an effective remedy under Article 13 did not require examination due to the finding of a violation of Article 1 of Protocol No. 1.

Court Disposition

Application partly allowed; violations found; compensation awarded.

Orders

  • State to pay applicant 6,500 EUR for non-pecuniary damage within three months, plus tax if applicable.
  • State to pay applicant 1,500 EUR for costs and expenses within three months, plus tax if applicable.