Judgement 10753/21

Applicant name TEPLJAKOV
Applicant type Natural person (prisoner)
Number of applicants 1
Application no. 10753/21
Date 28/11/2023
Judges Jolien Schukking, President,
 Peeter Roosma,
 Andreas Zünd
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Comensation for violation too low
Type of privacy Realtional privacy
Keywords Family visists limited
Facts of the case Ill treatment in prison
AnalysisThe case concerns the ill-treatment of a prisoner and his claims under Articles 3, 8 and 10 ECHR.
The applicant has received compensasion for interferences with his human rights on a domestic level already, which is why the government puts forwards that the applicant lost his victim status. Interestingly, on this point, the Court makes a difference between the claims under Article 10 ECHR, concerning the right to information of the applicant, for which the Court finds that he has been compensated sufficiently, and the other two complaints, where the Court finds that the sum awarded of 1500 Euro was too low, so that the applicant could still claim to be a victim. But then insterstingly, the sum claimed by the applicant, namely 15000 euro for non-pecuniary damages, is not awarded, but only about half of it. As always, the reasoning of the Court on why it choses to award a certain amount is not detailed, save some general remarkt about the local economy.
Other Article violation? Yes, Article 3 ECHR; No Article 10 ECHR
Damage awarded(a) that the respondent State is to pay the applicant, within three months, the following amounts:
(i) EUR 6,800 (six thousand eight hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 3,770.48 (three thousand seven hundred seventy euros and forty-eight cents), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment