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ŠMIGOL v. ESTONIA

Doc ref: 45907/20 • ECHR ID: 001-211537

Document date: July 5, 2021

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  • Outbound citations: 3

ŠMIGOL v. ESTONIA

Doc ref: 45907/20 • ECHR ID: 001-211537

Document date: July 5, 2021

Cited paragraphs only

Published on 26 July 2021

THIRD SECTION

Application no. 45907/20 Ilja Å MIGOL against Estonia lodged on 14 October 2020 c ommunicated on 5 July 2021

S UBJECT MATTER OF THE CASE

The application concerns the consecutive enforcement of disciplinary punishments in prison as a result of which the applicant spent 482 days (from 1 June 2016 until 26 September 2017 with two short breaks in between) in conditions amounting to solitary confinement regime.

The domestic courts, recognising that such a practice had been unlawful, awarded him 1,500 euros (EUR) as compensation.

The applicant, referring to the inadequate amount of compensation, complains of a violation of his rights under Article 3 of the Convention.

QUESTIONS TO THE PARTIES

1 . In view of the outcome of the domestic proceedings, can the applicant still claim to be a victim of a violation of the Convention, within the meaning of Article 34?

2 . Has the applicant been subjected to inhuman or degrading treatment or punishment, in breach of Article 3 of the Convention, in view of his prolonged solitary confinement (see Gorbulya v. Russia , no. 31535/09, §§ 74-81, 6 March 2014; Razvyazkin v. Russia , no. 13579/09, §§ 97-108, 3 July 2012; Csüllög v. Hungary , no. 30042/08, §§ 27-38, 7 June 2011)?

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