SAMARUKOV AND OTHERS v. RUSSIA - 54274/18 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 8 (11 January 2024)

SAMARUKOV AND OTHERS v. RUSSIA - 54274/18 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 8 (11 January 2024)

The Court found that the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that there was a lack of effective remedy in violation of Article 13, based on established case-law and the facts presented.

Citation
[2024] ECHR 8
Parties
Applicants: Yevgeniy Andreyevich Samarukov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
11 January 2024
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment
Outcome
Applications joined; violations of Article 3 and Article 13 found; just satisfaction awarded.
Legal Topics
Inadequate Conditions of Detention, Right to Effective Remedy, Prohibition of Torture and Inhuman or Degrading Treatment, Conditions of Transport of Detainees
Human Rights Law Criminal Law Inadequate Conditions of Detention Right to Effective Remedy Prohibition of Torture and Inhuman or Degrading Treatment Conditions of Transport of Detainees

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Parties

Yevgeniy Andreyevich Samarukov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicants were subjected to inadequate conditions of detention in violation of Article 3 of the Convention
  2. 2 Whether there was a lack of effective remedy in respect of inadequate conditions of detention (Article 13)
  3. 3 Whether there were other violations under well-established case-law

Ratio Decidendi

The Court found that the applicants were detained in inadequate conditions contrary to Article 3 of the Convention, and that there was a lack of effective remedy in violation of Article 13, based on established case-law and the facts presented.

Court Disposition

Applications joined; violations of Article 3 and Article 13 found; just satisfaction awarded.

Orders

  • The respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • From the expiry of the above-mentioned three months until settlement, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.