The ECHR awarded the 16-year-old Petersburger 36 thousand euros for mockery to kindergarten

The ECHR ordered Russia to pay 36 thousand euros to a 16-year-old resident of St. Petersburg in connection with the bullying of which he at the age of 4 was subjected to kindergarten No. 42 of the Kirovsky district, as well as for an ineffective investigation of crimes committed against him. The text of the decision is published on the court website.

25 thousand euros from the named amount was awarded to the Petersburger as compensation for non -pecuniary damage, another 3 thousand in compensation for material damage, and the remaining 8 thousand to cover legal costs.

The college of judges unanimously found Russia guilty of violation of articles 3 (prohibition of torture) and 13 (the right to an effective means of legal protection) of the European Convention.

In the decision, the applicant appears under the initials of V.K. As explained on the website of the Committee on Prevention of Torture, whose lawyer Olga Sadovskaya represented the interests of the victim in Strasbourg, it was decided to classify the data of the young man for considerations of his personal life, since he survived serious stress.

In the spring of 2005, the child’s parents noticed that he became nervous and reluctantly gathered in a kindergarten. During the summer holidays, the boy’s condition and mood improved significantly, but in September, nervousness returned.

On November 7, 2005, the child of the child discovered that his eyes were twitched, and a bruise appeared on his left temple. The teacher explained that children for the prevention of infection, which were found in several people in a group, dripped eye drops. The next day, the child began to twitch his mouth. On November 15, a neuropathologist made a diagnosis of hyperkinesis to the boy. As of the end of 2014, the applicant continued to take medicines according to the appointments of a psychiatrist and psychologist.

Parents took the child from the 42nd kindergarten and gave it to another. After some time, the boy spoke about the bullying that he was subjected to kindergarten No. 42. In particular, for the fact that he could not fall asleep at a quiet hour, he was put once on the cot in the toilet, after which they turned off the lights and scared rats, another time - they brought them to the next room and forced to stand barefoot in the same underpants with their hands raised. In addition, the boy was repeatedly beaten in the back. Finally, once the educators sealed his child’s mouth with tape, and when the boy tried to take him off, they wrapped his arms behind him with tape.

Other children from the group were subjected to such bullying. At the same time, educators forbade parents to tell parents about torture.

Even before visiting a neuropathologist, the child’s mother filed a complaint with Rospotrebnadzor. The officials replied that the facts stated were partially confirmed, and reported that the head of the kindergarten No. 42 was dismissed. In addition, a letter came from the Department of Education, which stated that two educators and nurses were brought to disciplinary responsibility. In December 2005, the same department told the boy’s mother that the head of the kindergarten was fired, and in March 2006 he confirmed that the educators put some children to sleep outside the bedroom.

In September 2006, the mother of the child turned to the prosecutor’s office, but the criminal case on the fact of bullying was opened only in January 2009. Since then, the investigation has been repeatedly terminated, although the court has each time canceled the relevant decisions of the investigation.

In October 2013, the Committee against torture - the predecessor of the current checkpoint - filed a complaint with the ECHR in the interests of the teenager. In November 2014, it was reported that the complaint was communicated.