KOVAL AND OTHERS v. RUSSIA - 29627/10 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2021] ECHR 782 (05 October 2021)

KOVAL AND OTHERS v. RUSSIA - 29627/10 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2021] ECHR 782 (05 October 2021)

The Court found that the applicants' allegations of ill-treatment were credible and substantiated by medical evidence, and that the State failed to conduct effective investigations into these allegations, violating both the substantive and procedural limbs of Article 3, as well as Article 13 of the Convention.

Source-derived case information.

Citation
[2021] ECHR 782
Parties
Applicants: Koval and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
05 October 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Violation of Article 3 (substantive and procedural) and Article 13 of the Convention
Legal Topics
Prohibition of Torture, Effective Investigation, Remedies for Ill Treatment, Police Misconduct
Human Rights Law Criminal Law Prohibition of Torture Effective Investigation Remedies for Ill Treatment Police Misconduct

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Koval and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether applicants were subjected to ill-treatment by State officials in violation of Article 3 of the Convention
  2. 2 Whether the State failed to conduct an effective investigation into allegations 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 substantiated by medical evidence, and that the State failed to conduct effective investigations into these allegations, violating both the substantive and procedural limbs of Article 3, as well as Article 13 of the Convention.

Court Disposition

Violation of Article 3 (substantive and procedural) and Article 13 of the Convention

Orders

  • Russian Federation to pay applicants specified sums for non-pecuniary damage
  • Russian Federation to ensure effective investigations