The minimum compensation of € 440 for hemorrhage and drum breakage from police violence is a degrading treatment
Artur Ivanov v. Russia 05.06.2018 (no. 62798/09)
A policeman had hit the applicant in the ear while he was in custody, causing the bleeding and rupture of a drum. In an action brought by the applicant, the domestic Courts awarded him approximately 440 euros for damages. Infringement of Article 3 (degrading treatment) because the compensation was very small and did not adequately remedy the offense and harm. No violation of Article 13 (right to an effective remedy).
The applicant, Artur Germanovich Ivanov, is a Russian national who was born in 1977 and lives in Novocheboksarsk (Russia).
The case concerned Mr Ivanov’s complaint that he had not been awarded enough compensation in domestic proceedings for a breach of his rights under Article 3 (prohibition of inhuman or degrading treatment).
The domestic courts established that a police officer had punched Mr Ivanov on the ear while he was in custody in April 2007, causing bleeding and rupturing the eardrum.
He was ultimately awarded 20,000 Russian roubles (about 440 euros) in compensation in April 2009, a decision that was upheld in May 2009 after an appeal against the amount by Mr Ivanov. The appeal court explicitly rejected his argument that such compensation should be determined by amounts awarded by the European Court of Human Rights in similar situations.
Relying on Article 3 (prohibition of inhuman or degrading treatment) he complained that he remained a victim of a violation of his Convention rights because the amount of compensation had been too low and had not provided him with proper redress. He also raised a complaint under Article 13 (right to an effective remedy) in conjunction with Article 3.
THE DECISION OF THE COURT
Violation of Article 3 (inhuman and degrading treatment)
No violation of Article 13 in conjunction with Article 3
Just satisfaction: EUR 11,000 (non-pecuniary damage)(echrcaselaw.com editing).