“This is a mockery,” he said at the moment Pravieniškii correctional facility Andrej Lukošin, 49, serving his sentence. – I have no other option but to apply to Strasbourg – I am convinced that the judges there will look at this problem in a completely different way and will defend my rights.”

A. Lukošin, convicted three times (twice for murder) and recognized as a dangerous recidivist, should be released after two years, but convict hopes that the prison gates will open for him sooner and he will be released on parole.

Living in prisons in Lithuania has already become a daily routine for A. Lukošin, but behind bars, he does not think about people, he kills himself, he does not think about it – he said that he has been experiencing inhumane prison conditions for several years, because he is allegedly being forced to be imprisoned with convicts who commit felonies in the penitentiary. . Law enforcement officials were repeatedly informed by the convict about what was happening in the penitentiary, but they did not see anything wrong and did not initiate the necessary investigations.

A. Lukošinas, who is constantly writing complaints, has won several cases in Lithuanian courts, but so far his greatest success came when the Strasbourg court at the beginning of this year, he was awarded 2.8 thousand from Lithuania. EUR compensation for non-pecuniary damage due to inadequate prison conditions in the Pravieniški correctional facility. Lithuanian courts also found that his rights were violated, but they ruled that spiritual experiences were not such that they should be valued in monetary terms.

It is the decision of Strasbourg that A. Lukošinas plans to file one complaint – he was stunned when, due to the illegal actions of the Pravieniški Correctional Facility, he was awarded EUR 12 compensation from the state budget, although he suffered non-pecuniary damage, it was estimated at EUR 8 thousand. Euro.

In his complaint, he had stated that the decision of the officers of the Criminal Intelligence Division was to isolate him and lock him in cell-type rooms.

“Although I was isolated in the conditions of the light group and had 4 hours to walk in the fresh air, but not once since 2020 November 27 until 2020 December 22 I was not taken outside for a walk, only once I was taken to the shower to wash myself, and I could not watch TV either”, – in the complaint, A. Lukošinas stated that due to not being given the opportunity to walk outside, his sleep and heart work were disrupted, as well as negative emotional experiences.

The convict emphasized that he learned the administration of prisons many times, but his complaints were destroyed.

At that time, the representatives of the administration of the Pravieniškii Correctional Facility indicated that A. Lukošinas was transferred to the cell “in order to avoid conflicts in the squad”.

The prison claimed that the convict’s rights were not violated because he was taken to the walking yard according to a set schedule during the day at 1 a.m. and then at 3 a.m. he was given the opportunity to leave after dinner.

“There is no data that there have been any illegal actions against the convict, the fact that he expresses his dissatisfaction with complaints does not in itself constitute a basis for establishing the occurrence of non-pecuniary damage”, – representatives of the penitentiary emphasized that A. Lukošinas was not singled out in any way from other convicts, his imprisonment cannot be recognized as torturous conditions, therefore even those 12 EUR should not be reimbursed to him from the budget.

At that time, the court found that A. Lukošin should have been taken outside for only one hour a day, not four, but admitted that the penitentiary did not prove that the isolated convict was taken for a walk in the fresh air all the time – the prison did not provide evidence that the prisoner the field would be taken out for six days.

The court rejected the other arguments of A. Lukoshin’s complaint, and when awarding compensation for non-pecuniary damage, it was emphasized that the convict did not submit data that he would have consulted psychology due to the emotional experiences he was experiencing, which could have been caused by the 6. not providing a walk in the fresh air.

“On the basis of the court’s doubts that the convict has certain inconveniences due to the inadequate conditions of imprisonment, the minimum quality of life guaranteed by the legislation has irreversibly deteriorated, which he would not have experienced if he had been held in the conditions prescribed by the legislation”, the judges decided that the spiritual damage suffered by A Lukoshin the harm is not so great that it can be assessed by the 8 thousand indicated by him. The amount of EUR.

The final and non-appealable ruling of the Supreme Administrative Court of Lithuania states that a person’s right to compensation for non-pecuniary damage is guaranteed by the Constitution and must be implemented in accordance with the law, without violating the general legal principles of the state, including the principle of justice.

“The convicted person causes non-pecuniary damage, the violation of the right to walk has caused him spiritual suffering and inconvenience, therefore, only in the case of recognition of the violation, the violation of the right to defend the applicant’s right” – Skirgaile Žalimienės the presiding panel indicated that the amount of non-pecuniary damage awarded to A. Lukošin to compensate for the negative consequences he suffered corresponds to the amount of non-pecuniary damage awarded in similar cases in court practice.

A. Lukošin said that after receiving this court ruling, while preparing the Strasbourg procedure, he learned to write complaints himself over many years.