Detention of Minors (Case Comment): Blokhin v Russia (Application No.47152/06)

Subject: Criminal procedure . Other related subjects: Health. Human rights.

Keywords: Inhuman or degrading treatment or punishment; Medical treatment; Right to fair trial; Right to liberty and security; Russia; Young persons; Youth detention accommodation;

Abstract: Assesses the ECtHR decision in Blokhin v Russia (47152/06) on whether the detention of a 13-year-old boy in a young offenders' centre for 30 days had infringed his rights under: (1) ECHR art.5, given that he had not been convicted of any offence; and (2) art.3, as he had been denied treatment for his ADHD. Considers if the proceedings against him had breached art.6 as he had been denied the opportunity to cross-examine the prosecution witnesses.

Legislation Cited:
European Convention on Human Rights 1950 art.3
European Convention on Human Rights 1950 art.5
European Convention on Human Rights 1950 art.6

Cases cited:
Blokhin v Russia (47152/06) unreported 23 March 2016 (ECHR (Grand Chamber))