ANNENKOV AND OTHERS v. RUSSIA - 31475/10 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect) Violation of Article 3 -...) [2017] ECHR 726 (25 July 2017)

ANNENKOV AND OTHERS v. RUSSIA - 31475/10 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect) Violation of Article 3 -...) [2017] ECHR 726 (25 July 2017)

The Court found that the use of force by police against four applicants was not shown to be strictly necessary and resulted in inhuman treatment, violating Article 3. The investigation into the alleged ill-treatment was inadequate and ineffective, also violating Article 3. The applicants' right to freedom of peaceful assembly under Article 11 was violated due to the authorities' disproportionate response and administrative penalties imposed on the applicants.

Citation
[2017] ECHR 726
Parties
Applicants: Annenkov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
25 July 2017
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing
Outcome
Violation of Article 3 (substantive and procedural) and Article 11 of the Convention; just satisfaction awarded.
Legal Topics
Freedom of Assembly, Excessive Use of Force, Right to Effective Investigation, Administrative Detention, Police Powers
Human Rights Law Administrative Law Criminal Law Freedom of Assembly Excessive Use of Force Right to Effective Investigation Administrative Detention Police Powers

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Parties

Annenkov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the applicants' right to freedom of peaceful assembly under Article 11 of the Convention was violated
  2. 2 Whether the applicants were subjected to inhuman or degrading treatment contrary to Article 3 of the Convention
  3. 3 Whether the investigation into the alleged ill-treatment was effective

Ratio Decidendi

The Court found that the use of force by police against four applicants was not shown to be strictly necessary and resulted in inhuman treatment, violating Article 3. The investigation into the alleged ill-treatment was inadequate and ineffective, also violating Article 3. The applicants' right to freedom of peaceful assembly under Article 11 was violated due to the authorities' disproportionate response and administrative penalties imposed on the applicants.

Court Disposition

Violation of Article 3 (substantive and procedural) and Article 11 of the Convention; just satisfaction awarded.

Orders

  • The Russian Federation is to pay specified sums to the applicants for non-pecuniary damage and costs and expenses within three months.
  • The judgment constitutes a finding of violations and requires no further individual measures beyond payment.