We will all pay: for a cold-blooded murderer incarcerated alive, solid compensation

The Lithuanian Supreme Administrative Court announced that the Lithuanian state, represented by the Vilnius Penitentiary Center, will have to pay 2,200 euros for moral damages to P. Gervinas – ruled a panel of three judges in an uncontested Health Unit.

The convicted person could receive even greater compensation from the state, but the judges ruled that the prisoner had breached the statute of limitations, so the non-pecuniary damage was calculated for only three years.

“In the cells in which the plaintiff was detained, the bathroom was not equipped as a separate cabin with a door,” the court noted.

According to the panel of judges, the installation of a sanitary unit in the cell, closing it with a wall and curtains “does not ensure complete personal privacy”, so the prison conditions of the convicted person were aggravated and additional inconveniences were generated.

“The violations found could have caused the applicant additional negative mental experiences, physical inconvenience, discomfort, the intensity of which exceeded the inmate’s degree of unavoidable suffering, and that the applicant would not have experienced if his conditions in the correctional facility met the legal requirements” the court noted.

The state did not provide P. Gervinas with adequate conditions of detention in the 115-year-old Lukiškės Pretrial Prison, which had been closed in the summer of last year. Here, not only were detainees awaiting trial, but also prisoners sentenced to the harshest sentences of life in prison.

The panel of judges recognized that it had not been denied that Mr. Gervin’s right to privacy had been violated during the entire time he was imprisoned in Lukiškės.

“The convict was not kept in cells where the sanitary facilities were set up as separate cabins with doors,” the court stressed.

Arguing why Mr. Gervin was awarded 2 euros for an undue day of detention, the judges stated: “The administrative courts take into account the type of detention center the plaintiff is in when assessing the non-pecuniary damage suffered by people detained in irregular conditions; the circumstances in which the defendant deliberately tried to inconvenience the plaintiff; the nature and intensity of the offenses detected; the general economic situation of the country, the standard of living (amounts of pensions and other social benefits, obligations of the State debt, amount of the monthly minimum wage experienced by the Government); the amounts of non-pecuniary damages awarded by the courts in similar and analogous cases, the principles of justice, equity and reasonableness “.

At that time, Fr. Gervinas himself told the court that he had assessed the moral damage suffered by 10,000. Other prisoners should receive the same amount of euros. Furthermore, according to him, the Lithuanian state is “constantly violating” the Convention for the Protection of Human Rights and Fundamental Freedoms, which will lead to increased budget compensation, thus applying the “principle of sufficient deterrent effect”.

“I have been incarcerated in Lukiškės Pretrial Prison since 2010, I was not provided privacy when using the bathroom in the cells, the officers monitored me through the glass at the entrance, because the bathroom is built next to the cell door and it is open, not covered with a wall, “said the prisoner. and degrading treatment. “

At that time, the Vilnius Correctional Institution, which had taken over the rights and duties of the liquidated preventive detention of Lukikiai, did not agree with the conviction’s complaint and explained that it had not provided evidence that he had suffered harm moral due to inadequate prison conditions.

“In accordance with the laws regulating the performance of the duties of Lukiškės officers, the supervising post officer constantly monitors detainees and convicted persons through the surveillance holes installed in the cells to ensure constant monitoring of behavior of the people held in prisons and the occurrence of special causes in the institution, indicated the correctional administration – The rules for the installation and operation of interrogation isolators stipulate that cells must have external and internal metal doors. may be equipped with a viewing window or box and a lockable box for the transfer of food, books and other items. The rules do not provide for the fencing of sanitary facilities in cells from observation holes in cell cells “.

In the opinion of the Correctional Home Administration, Mr. Gervin based his complaint not on evidence but on reasoning, and his complaints are general, not specific.

P. Gervinas was transferred from Lukiškės to the Pravieniškės Correctional Center in June last year. Here he is still serving the sentence imposed by the court.

A few years ago, he and Lithuania, along with other prisoners sentenced to the harshest penalties, appealed to the European Court of Human Rights, explaining that in our country there are no means for prisoners sentenced to life imprisonment to be released. This procedure has already been modified.

Mr. Gervin, who has been imprisoned for more than ten years, was convicted of killing two respectable relatives, who were extremely brutally murdered by her husband without receiving money for drugs.

According to the case, it was established that Mr. Gervin came to visit his grandmother’s brother and asked for a loan, but the grandfather refused that the relative had not paid off the previous debts. The enraged young man then grabbed the knife and began starving the old man until the blade broke.

The old man, who was bloody, did not go to the bathroom anyway and took an ax, but the killer took it and then buried not only his relative, but also his wife who lived together.

Leaving the house, Mr. Gervin seized money and jewelry, and then went to the Acropolis with a friend who was waiting on the stairs of the apartment building and bought a sports suit.

The bodies of the murdered were only discovered two days after their loved ones missed them.

It is very dangerous for society

“In the morning, the defendant P. Gervin went to the apartment where the victims lived with the aim of receiving money,” said the court of hearing of the criminal case. – Obviously, he didn’t care how he would achieve that goal, because he needed the money to buy drugs. By using violence against the victims, Mr. Gervin attempted to kill them and acted with direct intent.

The panel reaches this conclusion taking into account the nature of the violence used: the defendant repeatedly struck the victims with an ax to the head. According to the findings of the forensic specialist, the defendant “bathed” the lying elderly by hitting them on the back of the neck. This was admitted by the examining magistrate, questioned by Mr. Gervin, who demonstrated that when the old man fell and moved from his blows, he hit him on the head with an ax and then calmed down. The findings of forensic specialists show that after the violence against them, the victims were still moving until the defendant fatally beat them. This is confirmed by the blood on the plants of the dead. The amount of blows, the tools used by Mr. Gervin (ax and knife) and the location of the blows show that Mr. Gervin acted extremely cruelly and that those who died before his death suffered, were killed very brutally “.

According to the court, Mr. Gervin’s grandmother was 84 years old and his girlfriend was 82 years old, and the accused knew that his relative had recently undergone heart surgery, so he “realized through violence against them that he did not could resist because of his age and illness. “

“The fact that Mr. Gervin sought his death is also demonstrated by the fact that he cut the telephone cable and hijacked an old cell phone (which he later threw away), he showed the investigating judge that he did it to prevent someone from calling”, declared the Klaipėda Regional Court.

According to the judges, Mr. Gervin “did not show any remorse for the crime committed.”

“The crime was committed during the prison period, Mr. Gervin was convicted of robbery, he was punished many times with administrative fines, he was a drug addict at an early age, but he did not work or study,” the court stressed. – The forensic psychiatric report shows that Mr. Gervin is characterized by a very quick response to aggression and violence, an inability to feel guilty and learn from experience, especially punishment, a strong tendency to blame others, irresponsibility persistent and a disregard for social norms, rules and obligations. The circumstances show that Mr. Gervin is very dangerous for society, it is impossible to replace his criminal tendencies with the usual criminal punishment, so he must be sentenced to life imprisonment. “