In the case of Ottlakán v. Hungary the Court held that there had been a violation of the right to an effective remedy read in conjunction with the right to prohibition of inhuman or degrading treatment.

The case concerned the applicant’s complaint that he had not been able to access compensation awarded to him for cramped conditions of detention, because of legislation that had entered into force in 2021. Under that legislation such compensation is set aside in a holding account (administered by the prison) until the prisoner’s release.

The Court found that since there was no review mechanism of the applicant’s whole life sentence which could genuinely lead to his release, he had no prospect of receiving the compensation. Therefore, making the applicant’s release a condition for its payment to him went against the principle of promptness that was required for a remedy to be effective within the meaning of Article 13.

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