12 nov. 2012

ECtHR established the non-pecuniary damage rates for overcrowding in prisons

In case Lopata v Russia, the European Court of Human Rights continues applying the pilot judgment Ananyev et al. v Russia, 42525/07, as regards the overcrowding (personal average surface smaller than 4 or even 3 m2) in prisons, which breaches Article 3 of the European Convention on Human Rights concerning inhuman treatment. In combining the latter judgment with judgment Idalov v Russia, 5826/03, dated 22/05/2012, one gets the following rates for overcrowding:

2000 € for 2 months in such a prison,
6000 € for 1 year,
7150 € for 1 year and 2 months,
3500 € for each full year after the first one.

Plus 2500 € for costs. By the way, the EU directives 91/630/EEC and 98/58/EC establish the minimal personal surface of 3.7 m2 for pigs.

Comparing with judgment Karalevicius v Lithuania, the rates have slightly increased.

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