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SCHMIDT v. ESTONIA

Doc ref: 43128/21 • ECHR ID: 001-213956

Document date: November 8, 2021

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SCHMIDT v. ESTONIA

Doc ref: 43128/21 • ECHR ID: 001-213956

Document date: November 8, 2021

Cited paragraphs only

Published on 29 November 2021

THIRD SECTION

Application no. 43128/21 Allan SCHMIDT against Estonia lodged on 18 August 2021 communicated on 8 November 2021

SUBJECT MATTER OF THE CASE

The complaint under Article 3 concerns consecutive enforcement of disciplinary punishments with the result that the applicant spent a period from 20 May 2016 to 6 December 2017 under a punishment cell regime, in conditions amounting effectively to solitary confinement.

The domestic courts, recognising that such a practice had been unlawful, awarded him 1,700 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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