CASE OF SLEPAKOV v. RUSSIA

 

 

THIRD SECTION

CASE OF SLEPAKOV v. RUSSIA

(Application no. 57798/19)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

30 April 2026

 

This judgment is final but it may be subject to editorial revision.

In the case of Slepakov v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Úna Ní Raifeartaigh, President,
 Mateja Đurović,
 Vasilka Sancin, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 April 2026,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 22 October 2019.

2.  The Russian Government (“the Government”) were given notice of the application.

THE FACTS

3.  The applicant’s details and information relevant to the application are set out in the appended table.

4.  The applicant complained of the inadequate conditions of detention under strict imprisonment regime.

THE LAW        Jurisdiction

5.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present application (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).

     ALLEGED VIOLATION OF ARTICLE 3 of the Convention

6.  The applicant complained of the inadequate conditions of detention under strict imprisonment regime. He relied on Article 3 of the Convention.

7.  The general principles regarding the prohibition of torture or inhuman or degrading treatment or punishment in the context of deprivation of liberty, as guaranteed by Article 3 of the Convention, have been stated in a number of the Court’s previous judgments (see, among many other authorities, Muršić v. Croatia [GC], no. 7334/13, §§ 96-100, 20 October 2016, and Harakchiev and Tolumov v. Bulgaria, nos. 15018/11 and 61199/12, § 199, ECHR 2014 (extracts)).

8.  In the leading case of N.T. v. Russia, no. 14727/11, 2 June 2020, the Court already found a violation in respect of issues similar to those in the present case.

9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of this complaint. Having regard to its case-law on the subject, the Court considers that in the instant case the applicant’s rights were violated.

10.  This complaint is therefore admissible and discloses a breach of Article 3 of the Convention.

   REMAINING COMPLAINTS

11.  The applicant also raised other complaints under Article 8 of the Convention.

12.  The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

  APPLICATION OF ARTICLE 41 OF THE CONVENTION

13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, N.T., cited above, § 61), the Court considers it reasonable to award the sum indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,     Holds that it has jurisdiction to deal with this application as it relates to facts that took place before 16 September 2022;     Declares the complaint concerning the inadequate conditions of detention under strict imprisonment regime, as set out in the appended table, admissible, and the remainder of the application inadmissible;     Holds that this complaint discloses a breach of Article 3 of the Convention as regards the inadequate conditions of detention under strict imprisonment regime;     Holds  that the respondent State is to pay the applicant, within three months, the amount indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 30 April 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Úna Ní Raifeartaigh

 Acting Deputy Registrar President

 

 

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention under strict imprisonment regime)

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Facility

Start and end date of detention under strict regime

Amount awarded for non-pecuniary damage per applicant

(in euros)[1]

57798/19

22/10/2019

Vasiliy Viktorovich SLEPAKOV

1973

 

IK-6 Orenburg Region

28/03/2001 - 30/08/2019

3,000

 

[1] Plus any tax that may be chargeable to the applicant.

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