Inimõiguste giid

Kaasus

Ignats vs. Läti

Euroopa Inimõiguste Kohus
24.09.2013

Facts

The applicant, Mr. Ignats, complained of the conditions of his detention in prison to the Latvian Administrative courts. The claim was not accepted initially, eventually it was allowed and the administrative proceedings were commenced. Later he withdrew his application without giving any reasons for it. 

Complaint

Mr. Ignats complained to the European Court of Huma Rights that the conditions in the prison where he was detained were degrading and inhuman.

Court's ruling

While the Court had found that recourse to the administrative courts was not a remedy accessible in practice to detainees, at least before 15 June 2006, it could not find so in the particular case. The Court also observed that recourse to the administrative courts as a compensatory remedy were accessible to Mr. Ignats, and that he had used it. Therefore administrative courts could be considered an effective remedy which the applicant had to exhaust before submitting a complaint to the Court.  Therefore the applicant should have continued the proceedings at the court of first instance with a further possibility to appeal on points of law. Therefore Court found that Mr. Ignats’ had not used the complaint mechanism available to him at the national level and rejected his complaint.