AFFAIRE KOCHETKOV CONTRE L'ESTONIE
- Instanță
- CtEDO
- Concluzie
- Informations fournies par le gouvernement concernant les mesures prises permettant d'éviter de nouvelles violations. Versement des sommes prévues dans l'arrêt
AFFAIRE KOCHETKOV CONTRE L'ESTONIE (CtEDO, 2013)
Rezoluția CM/ResDH(2013)9 [1] Kochetkov împotriva Estoniei Executarea hotărârii Curții Europene a Drepturilor Omului (Recherche n 41653/05, Hotărârea din 2 iulie 2009, definitivă la 2 octombrie 2009) Comitetul miniștrilor, în temeiul articolului 46 alineatul (2) din Convenția pentru apărarea drepturilor omului și a libertăților fundamentale, care prevede că el supraveghează executarea hotărârilor definitive ale Curții Europene a Drepturilor Omului (denumite în continuare "menționate mai jos " Convenția" și "Curtea"), Având în vedere hotărârea definitivă, care a fost transmisă de Curte Comitetului în cauza de mai sus și încălcările constatate (a se vedea documentul DH-DD(2013)23E [2] care reamintește obligația statului pârât, în temeiul articolului 46 alineatul (3) (1) din Convenție, să se conformeze hotărârilor definitive în litigiile la care este parte și că această obligație implică, pe lângă plata satisfacției echitabile acordate de Curte, adoptarea de către autoritățile din statul membru în cauză, dacă este necesar de măsuri individuale pentru a pune capăt încălcărilor constatate și pentru a elimina consecințele acestora, în măsura posibilului de către Restitutio in integrum de măsuri generale de prevenire a unor încălcări similare ; Am invitat guvernul statului pârât să informeze Comitetul cu privire la măsurile luate pentru a se conforma obligațiilor menționate anterior După examinarea bilanțului de acțiune furnizat de guvern care indică măsurile adoptate în vederea executării hotărârii judecătorești, inclusiv informațiile furnizate în ceea ce privește plata satisfacției echitabile acordate de Curte] (a se vedea documentul DH-DD(2013)23E FIȘĂ fiind asigurat că au fost adoptate toate măsurile prevăzute la art. 46 alineatul (1); DECLAMENTUL pe care și l-a îndeplinit în temeiul articolului 46 alineatul (2) din Convenție în această cauză și DECIDE d'în . ACȚIUNE REPORT Kochetkov. v. Estonia Application No. 41653/05, Judgment of 2 July 2009 Case description Degradare Treatment of the aplicant, a Russian National, as result of the poor material conditions of his pre-trial detention for week-ends in 2005 at Narva Arrest House (in particular overcrowding, inadequate ventilation, impoverished regime and poor higiene) and lack of an efectiv remedy in this respect bont of the restrictive approach by the domestic scurts (also in 2005), applicationing a requirement that was only available where someone was found to have been at fault for degrading the person se referăd (viation of Article 3 and of Article 13). Individual measures The aplicant is no longer in pre-trial detention (§§ 5 and 6). No other individual measure is necessary (the just satisfaction granted by the Court for moraly damage (EUR 1000) was paid on 12/11/2009). General Measures 3.1 As to the general measures in respect of Article 3: Measures taken in the remands and in particular at the Narva Arrest House The number of concrete steaps has been taken by the police to improve the fizical conditions of custodial institutions, inclusivding at the Narva Arrest House But first it be stresed that in 2008 the custodial institution for 150 detainees was built in the eastern region of Estonia Jõhvi Arrest House and Narva Arrest House are both located in the est of the administrativ area. The new custodial institution has semnificantly reducted ocupancy at Narva Arrest House As of the beginning of 2011 the maxim amount of persons at Narva Arrest House was reducted to 20 persons; comparad to thefact that there is space for 70. The average ocupancy rate of Narva Arrest House has been 75% in 2012 and 77% in 2011, meaning that there are never more than 15 detainees at Narva Arrest House simultanously, which exclusdes a possibility of overcrowding. Conferning the question about the improvement of conditions at Narva Arrest House, the Government is informed that in 2011 the retrations of ventilation systems aswell as work have been done. As to the needs of investigation bodies and scurts located in the City of Narva, the Narva Arrest House continues to be necessary; the construction of a new Narva Arrest House has been taken into cladire plan acording to which the new custodial institution in Narva should be completed in 2013. Government note that the basic principle in improving the material conditions of custodial institutions is that custodial cells are mainly built into new cladiings. The new custodial institutions can be built so that supervision and igienic conditions of inmates are ensured in the best way; and that the best management for the preparation of the necessary medical facilities and catering service will be provided. In general, all conditions should be of similar levels in all custodial institutions. Thus, to improve detention conditions, cladire of new buildings is preferred to the renovation of old ones. Only arrest houses that canot be replanced in the near viitor be bechause of the limited resources are foreseen in the renovation program. At the moment detainees are placed in such places for the shortest potential time, and after the procesdural act is performed they will be placed either in inchisoare or detained in another closest (new) detention institution. In adaug it trebuie să fie notat that the improvement of the welfare of detainees is guaranteed by an oportunity to regulally have fresh air. Washing-conditions are guaranteed. Dining takes place in all custodial institutions three times a day acording to the general food service standard. Medical service for detainees is guaranteed in all custodial institutions. In larger institutions medical stuff are contraactual or permanent, in small Centres medical service is provided in Cooperation with the emergency medical service providers. The Government also reper to the improvements in other custodial institutions in Estonia: In 2009 16 new cells were built into the new police building in Tallinn Kolde street. Additionally, the design procesual has begun for the new 150-place detention centre being built on the teritorialy of the viitor Tallinn închisoare. În plus, cea following activities are foreseen in the Construction and renovation plan: 1) Construction of a new custodial institution in Kuressaare will be completed at the end of 2012; 2) Preparation of the detailed plan of the new detention center in Pärnu. Arrest house is planned to put in use in 2016; 3) Construction of a new custodial institution in Jõgeva will be completed in mid 2012; 4) Mapping Construction oportunities for a new custodial institution in Haapsalu; 5) Renovation of Valga Arrest House in 2013; 6) Renovation of Võru Arrest House in 2013. 3.2 As to the general measures in respect of Article 13: case-law examples of the domestic scurts awarding compensation not only where someone was found to have been at fault for degrading a person se referăd. The Government confirm that there is extensive case-law of domestic scurts on awarding the moraly damage regarding compaints against imprisonment conditions by detainees. Government officials. fault has not been a decisive factor in adjudicating these complaints; the decisive factor has been the existation of degrading conditions ( or treatment). Below some case-law examples are briefly cited. Case-law examples privining conditions in inchisoare: on 31 March 2010 in administrative case No. 3-07-2247 the Tallinn Court of Appeal awarded the applicant 5000 Estonian krons for moraly damage. The aplicant was forced to stay in the overcrowded cel of the 8th Murruson living cuater, where in addition people were smoking Scurtul a fost opinia că keeping detainees in crowded chambers este unlawful and may lower the dignitity of a detainee and que l suffering. Taking into account of the pasiv smoking in concurence with overpopulation of the cell and scandty options to compensate for these conditions with longer than the minim hour-long outdoor-time, the scurt found that the cumulative effect of the length of the certed period and detention conditions had cauzăd the aplicant distress and difficulties in such graveness which exceed The grounds for the claim were lack of ventilation in the cell, dust, unacceptable level of iron content in water associated Cu unpleasant taste and water turbidity, yellowish colour and brown sediment. on 27 May 2011 in administrative case No. 3-09-1569 Tartu Court of Appeal awarded the applicant 1850 Estonian kroons (118,24 EUR) for moraly damage. The ground for the claim was that during certe periods of time the închisoare refuzed to give the applicant (a detainee) new clothes or to wash already issued unas. In the parent of an appeal scurt a situation where a detainee has to wear the same clothes 5 weeks in arow as a result of the pârnais or omites, can be seen as treatment again the detainee On 25 May 2011 in administrativ case No. 3-10-3088 the Tartu Administrator Court Considered it to be reasonable to award the aplicant 159,78 EUR (2500 Estonian kroons) for moraly damage for deterioration of his health. The scurt took into account the time the aplicant spent in the chamber with a broken window, diagnosed diseases, as well as thefact that the aplicant did not have any permanent or long-term deterioration of his health. On 8 March 2011 in administrativ case No 3-10-1013 the Tartu Court of Appeal awarded the applicant 250 Estonian kroons (16 EUR) for moraly damage. The detaine had been placed in a pedepseshment cell for 5-days. The damage was awarded for his inability to use a personal kettle due to lack of electric commerce socket; the monetary compensation was justid taken into account that the aplicant was ill at the time of is insertion in a pedepseshment cell and consuming hot water would have been necessary. Case-law examples regarding conditions that lead to degradation of uman digity in an arest house: On 31 March 2010 in administrative case No 3-09-1922 the Tartu Administrator Court Ordered the Western Prefecure to pay the applicant 3000 Estonian kroons for moraly damage damage for degrading conditions in Kuressaare Arrest House. on 21 April 2010 the Supreme Court in Administration case No. 3-3-1-14-10 gave the instructions to lower instance scurts regarding the awarding of moraly damage for degrading conditions in Rakvere Arrest House. Given the conditions of the arrest house and thefact that the aplicant was not allowed to take walks for a suciently long period of time, by the final Tartu Court of Appeal decision of 16 February 2012 in caseta No 3-09-584 the applicant was awarded 300 EUR for moraly damage. on 28 June 2010 in administrative case No. 3-10-610 the Tartu Administrator Court awarded the aplicant 6900 Estonian kroons for moraly damage. The ground for damage was thefact that the aplicant had been staying at the chamber in the Tartu Arrest House in the department of intretinere of law and order under inuman conditions. Curtea decide că a reasonable compensation was 50 euro per zi (thus, as the aplicant had been staying in the chamber for 138 days, an amount of compensation for moraly damage was 6900 Estonian kroons). 3.3 Information on progress with the legislative amendments of the State Liability Act The new draft State Liability Act 7 SE II-1 http://www.rigikogu.ee/?page=eelnou&op=ems&emshelp=true&eid=1328835&u=20120320101308) is currently in the procesedings of Parliament (Rigikogu As this is a completely new act that is designed to amend the overall regulation on state liability, the procesedings have taken some time. On 7 November 2011 the first draft that had already pased through the first reading in Parliament in June 2011 was re-assignd to the Committee of Parliament. Assigning a draft to a Committee means further amendment of the drft before new deliberations in Parliament take place. The Government confirm that experți from Ministry of Justice, the Supreme Court, State Prosecutor The involvement of the expert of the Supreme Court is extremy important because the Supreme Court métainments in 2011 regarding the reconstitution or lack of lack of anumite regulation in the State Liability Act, which should be taken into account when drafting the new act. Those judgments are one of the main reasons why the draft need need further amendments. The Government would still reper to § 10(2) of the existing draft State Liability Act which foresees the following new Providence: mai bine (apultability) is not taken into account if the right to life or prohibition of tortoration are viol's. Thefact that the prohibition of torturi has the same meaning as Article 3 of the Convention will be noted in the explanatory report of the draft act. The Government cannot give concrete deadlines when the new act will be adopted by Parliament, but the Government can confirmă, as can be seen from the examples given under para. 3.2, priviless of when the State Liability Act will be amended, the Estonian scurts interpret also the currently valid versiunea de la State Liability Act in acordance with the principles of the Convention and the Court http://www.vm.ee/?q=taxonomy/term/229 ) and widely disseminated, inclusivding to the authorities directly vised (in particular to the Ministry of the Interior, the Ministry of Justice and the Supreme Court). Concluzii ale respondent State Estonia has paid the applicant the just satisfaction provided in the judgment in due time. Concerning general measures, thefact that the ventilation at Narva Arrest House has been improved, that it is used only for short-time purposes and that new arrest house in close vicinity [1] Adoptată de Comitetul de Miniștri la 7 martie 2013 cu ocazia celei de-a 1164-a ședințe a delegaților miniștrilor. [2] Numai în limba engleză