STROKOV AND OTHERS v. RUSSIA - 55058/13 (Judgment : Violation of Prohibition of torture (Degrading treatment) [2018] ECHR 41 (11 January 2018)

STROKOV AND OTHERS v. RUSSIA - 55058/13 (Judgment : Violation of Prohibition of torture (Degrading treatment) [2018] ECHR 41 (11 January 2018)

The Court found that the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that other violations occurred in line with well-established case-law regarding lack of effective remedies, excessive length of detention, poor transport conditions, and use of metal cages. The...

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Citation
[2018] ECHR 41
Parties
Applicant: Ivan Leonidovich Strokov; Applicant: Vasiliy Anatolyevich Myagkov; Applicant: Mikhail Alekseyevich Magolyasov; Applicant: Timirlan Saidovich Tsatsayev; Applicant: Dmitriy Vladimirovich Uglov; Applicant: Andrey Ivanovich Kotyuk; Applicant: Yevgeniy Nikolayevich Bogdanov; Applicant: Yuriy Vladimirovich Yelovikov; Respondent: Russian Government
Jurisdiction
European Union
Judgment Date
11 January 2018
Procedural Posture
Application Under Article 34 ECHR / Judgment After Merits Hearing
Outcome
Applications joined; complaints regarding inadequate conditions of detention and other well-established violations declared admissible and found to breach the Convention; other complaints rejected as inadmissible; just satisfaction awarded.
Legal Topics
Inadequate Conditions of Detention, Article 3 ECHR, Right to Effective Remedy, Length of Pre Trial Detention, Conditions of Transport, Use of Metal Cages in Courtrooms
Human Rights Law Criminal Procedure Inadequate Conditions of Detention Article 3 ECHR Right to Effective Remedy Length of Pre Trial Detention Conditions of Transport Use of Metal Cages in Courtrooms

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Parties

Ivan Leonidovich Strokov

Applicant

Vasiliy Anatolyevich Myagkov

Applicant

Mikhail Alekseyevich Magolyasov

Applicant

Timirlan Saidovich Tsatsayev

Applicant

Dmitriy Vladimirovich Uglov

Applicant

Andrey Ivanovich Kotyuk

Applicant

Yevgeniy Nikolayevich Bogdanov

Applicant

Yuriy Vladimirovich Yelovikov

Applicant

Russian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Merits Hearing

Legal Issues

  1. 1 Whether the applicants' conditions of detention violated Article 3 of the Convention
  2. 2 Whether there was a violation of other Convention rights under well-established case-law (e.g., lack of effective remedy, excessive length of detention, conditions of transport, use of metal cages)

Ratio Decidendi

The Court found that the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that other violations occurred in line with well-established case-law regarding lack of effective remedies, excessive length of detention, poor transport conditions, and use of metal cages. The Government's unilateral declarations were insufficient to strike out the cases. The applicants are entitled to just satisfaction.

Court Disposition

Applications joined; complaints regarding inadequate conditions of detention and other well-established violations declared admissible and found to breach the Convention; other complaints rejected as inadmissible; just satisfaction awarded.

Orders

  • Applications joined.
  • Government's request to strike out certain applications rejected.