MININ AND OTHERS v. RUSSIA - 29120/06 (Judgment : Prohibition of torture : Third Section Committee) [2021] ECHR 705 (27 July 2021)

MININ AND OTHERS v. RUSSIA - 29120/06 (Judgment : Prohibition of torture : Third Section Committee) [2021] ECHR 705 (27 July 2021)

The Court found that the applicants' allegations of ill-treatment were credible and sufficiently documented. The Russian authorities failed to conduct prompt, thorough, and effective investigations into these allegations, relying mainly on statements from implicated officers and incomplete inquiries. Significant delays and inadequate medical examinations further undermined the effectiveness of the investigations. The State violated Article 3 (prohibition of torture and inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the Convention.

Citation
[2021] ECHR 705
Parties
Applicants: Minin and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
27 July 2021
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 3 and Article 13 found against Russia
Legal Topics
Prohibition of Torture, Inhuman or Degrading Treatment, Effective Investigation, Remedies for Ill Treatment
Human Rights Law Criminal Law Prohibition of Torture Inhuman or Degrading Treatment Effective Investigation Remedies for Ill Treatment

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Parties

Minin and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether applicants were subjected to ill-treatment by law enforcement officers in violation of Article 3 of the Convention
  2. 2 Whether the State failed to conduct an effective investigation into complaints of ill-treatment
  3. 3 Whether applicants had access to an effective remedy under Article 13

Ratio Decidendi

The Court found that the applicants' allegations of ill-treatment were credible and sufficiently documented. The Russian authorities failed to conduct prompt, thorough, and effective investigations into these allegations, relying mainly on statements from implicated officers and incomplete inquiries. Significant delays and inadequate medical examinations further undermined the effectiveness of the investigations. The State violated Article 3 (prohibition of torture and inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the Convention.

Court Disposition

Violation of Article 3 and Article 13 found against Russia

Orders

  • Russia to pay applicants specified sums for non-pecuniary damage
  • Russia to ensure effective investigations in similar cases