SECOND SECTION
CASE OF EINIKIS AND OTHERS v. LITHUANIA
(Applications nos. 43277/20 and 4 others – see appended list)
 
 
 
 
JUDGMENT
 
STRASBOURG
1 March 2022
 
 
 
 
This judgment is final but it may be subject to editorial revision. In the case of Einikis and Others v. Lithuania,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
 Pauliine Koskelo, President,
 Egidijus Kūris,
 Gilberto Felici, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to:
the applications against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table (“the applicants”) on the various dates indicated therein;
the decision to give notice of the complaints concerning the conditions of the applicants’ detention to the Lithuanian Government (“the Government”) represented by their Agent, Ms K. Bubnytė‑Širmenė, and to declare inadmissible the remainder of the applications;
the parties’ observations;
Having deliberated in private on 1 February 2022,
Delivers the following judgment, which was adopted on that date:
SUBJECT-MATTER OF THE CASE
1. The cases concern the allegedly inadequate conditions of the applicants’ detention. 2. The applicants were detained at Lukiškės Remand Prison. Their applications concern the following periods:
- Mr Einikis (“the first applicant”) – from 18 August 2017 to 28 August 2018;
- Mr Babushkin (“the second applicant”) – from 15 February 2016 to 25 May 2016;
- Mr Valeika (“the third applicant”) – from 14 August 2015 to 16 May 2018;
- Mr Markin (“the fourth applicant”) – from 16 September 2016 to 19 February 2019;
- Mr Bložė (“the fifth applicant” – from 19 December 2017 to 19 September 2018. 3. On various dates the applicants complained to the administrative courts that they had been unable to use sanitary facilities in private because those facilities had not been properly partitioned from the remaining area of their cells. 4. The administrative courts acknowledged that the applicants had been unable to use sanitary facilities in private, in violation to relevant domestic regulations. They were awarded the following amounts in respect of non‑pecuniary damage:
- the first applicant – 790 euros (EUR) for 263 days in unsuitable conditions;
- the second applicant – EUR 300 for 101 days;
- the third applicant – EUR 1,600 for 819 days;
- the fourth applicant – EUR 1,500 for 886 days;
- the fifth applicant – EUR 500 for 269 days. 5. The applicants complained under Article 3 of the Convention that the compensation awarded to them for inadequate conditions of detention was insufficient.

Outcome for Article 3: violation