ECtHR rules that pre-trial detention by Russia amounted to ill-treatment
The European Court of Human Rights has ruled in the case of Idalov v Russia that the pre-trial detention of the applicant amounted to ill-treatment. The applicant had been detained for more than a year in overcrowded cells in a Russian prison and it was held that his right to liberty had been infringed due to the length of pre-trial detention.
The applicant had originally been arrested on suspicion of abduction and was detained until he was released on bail. Subsequently, the court discontinued the bail and ordered his detention. Between 2002 and 2003 Mr Idalov was a remand prisoner where he spent up to 23 hours in overcrowded conditions.
The court held unanimously that there had been:
- “two violations of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights on account of the conditions of Idalov’s pre-trial detention, and on account of the conditions of his detention in a cell at the courthouse and the manner of his transfer from prison to the courthouse;
- three violations of Article 5 (right to liberty and security) on account of the length of his pre-trial detention, the failure to examine speedily his appeals against the detention orders and his absence from the appeal hearings concerning the lawfulness of his detention;
- a violation of Article 6 (right to a fair trial) on account of his exclusion from the trial and no violation of Article 6 as regards the length of the criminal proceedings against him and a violation of Article 8 (right to respect for private and family life) on account of the prison administration’s opening of two letters from the European Court of Human Rights addressed to Idalov.”
Click here to read an article from the Council of Europe Human Rights Europe blog.
Click here to read a press release from the Court summarising the case.
Click here to see the full judgment.