30 juin 2013

Slight reduction in compensation of damages for inhuman treatment of prisoners, Yepishin v Russia, 591/07

The European Court of Human Rights slightly reduced the amount of compensation of damages for inhuman treatment of prisoners in case Yepishin v Russia, 591/07. Previously, it was used to calculate the damages as € 6 000 for the first year of imprisonment in inhuman conditions, and € 3 500 for each next year.

This time the imprecise spirit of “equitable satisfaction” told that over 5 years in inhuman conditions shall cost € 19 000 only (§ 83).

In this particular case, the inhuman conditions meant a personal space narrower than 2 m2 (§ 63),  

However, what I like about this case is the conclusion of the ECtHR that infrequent and short periods of raising personal space to over 4 m2 do not alleviate the prisoner’s situation (§ 65).