CASE OF DILSHNAYDER AND OTHERS v. RUSSIA (European Court of Human Rights) 57636/16 and 2 others

The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms


THIRD SECTION
CASE OF DILSHNAYDER AND OTHERS v. RUSSIA
(Applications nos. 57636/16 and 2 others – see appended list)
JUDGMENT
STRASBOURG
21 July 2022

This judgment is final but it may be subject to editorial revision.

In the case of Dilshnayder and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 30 June 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table

2. The Russian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the inadequate conditions of detention under strict imprisonment regime. They also raised other complaints under the provisions of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. ALLEGED VIOLATION OF ARTICLE 3 of the Convention

6. The applicants complained of the inadequate conditions of detention under strict imprisonment regime, in particular, segregation of life prisoners. They relied, expressly or in substance, on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

7. The general principles regarding the prohibition of torture or inhuman or degrading treatment or punishment in the context of deprivation of liberty, as guaranteed by Article 3 of the Convention, have been stated in a number of the Court’s previous judgments (see, among many other authorities, Muršić v. Croatia [GC], no. 7334/13, §§ 96-100, 20 October 2016, and Harakchiev and Tolumov v. Bulgaria, nos. 15018/11 and 61199/12, § 199, ECHR 2014 (extracts)).

8. In the leading case of N.T. v. Russia, no. 14727/11, 2 June 2020, the Court already found a violation in respect of issues similar to those in the present cases.

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ rights were violated.

10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. The applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they disclose violations of the Convention in the light of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning detention of defendants in a metal cage during court hearings; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, §§58-100, 2 July 2019, related to the permanent video surveillance of detainees in detention facilities; and Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 48-93, 19 January 2021, as regards routine handcuffing of inmates.

IV. REMAINING COMPLAINTS

12. The applicants in applications nos. 57636/16 and 35304/17 further complained about material conditions of detention after conviction, using a guard dog for escorting prisoners and lack of effective remedies to complain in that respect. Having regard to the facts of the case, the submissions of the parties, and its findings above, the Court considers that it has dealt with the main legal questions raised by the applicants and that there is no need to examine these complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014).

13. The applicants in the same applications also raised other complaints under various Articles of the Convention.

14. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that these complaints must be rejected in accordance with Article 35 § 4 of the Convention.

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

16. Regard being had to the documents in its possession and to its case‑law (see, in particular, N.T., cited above, § 61), the Court considers it reasonable to award the sums indicated in the appended table and dismisses the applicants’ remaining claims for just satisfaction.

17. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the complaints concerning the inadequate conditions of detention under strict imprisonment regime and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, decides that it is not necessary to examine separately further complaints in applications nos. 57636/16 and 35304/17 about material conditions of detention after conviction, using a guard dog for escorting prisoners and lack of effective remedies to complaint in that respect and dismisses the remaining complaints in applications nos. 57636/16 and 35304/17 as inadmissible;

3. Holds that there has been a violation of Article 3 of the Convention concerning the inadequate conditions of detention under strict imprisonment regime;

4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

5. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

6. Dismisses the remainder of the applicants’ claims for just satisfaction.

Done in English, and notified in writing on 21 July 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                    Darian Pavli
Acting Deputy Registrar                  President

___________

APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention under strict imprisonment regime)

No. Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location Facility Start and end date of detention under strict regime Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[i]
1. 57636/16
22/12/2016
Dmitriy Aleksandrovich DILSHNAYDER
1981
Maralyan Anna
Strasbourg
IK-56 Sverdlovsk Region 23/12/2009 – 17/12/2017 Art. 13 – lack of any effective remedy in domestic law in relation to conditions of detention of life convicts and their routine handcuffing;
Art. 3 – torture or inhuman or degrading treatment – handcuffing in IK-56 Sverdlovsk Region since 23/12/2009 – 17/12/2017 (transferred to IK‑6 Khabarovsk Region)
3,000
2. 35304/17
25/04/2017
Sergey Viktorovich ROSLOV
1967
Biryukova Irina Anatolyevna
Moscow
IK-5 Vologda Region 12/08/1996 – 2012
and 24/07/2017 – pending
Art. 3 – torture or inhuman or degrading treatment – Handcuffing of the applicant, a lifer, in IK‑5 Vologda Region, 12/08/1996 – pending.
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – Confinement in a cage at the hearing on 22/05/2017.
9,750
3. 35665/17
29/09/2016
Vladislav Sergeyevich KOMOLOV
1981
Sholokhov Igor Nikolayevich
Kazan
IK-5 Vologda Region 18/07/2014 – pending, Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – IK-5 Vologda Region, 18/07/2014 – pending.
Art. 3 – torture or inhuman or degrading treatment – routine handcuffing of the applicant, a lifer, in the colony
3,000

[i] Plus any tax that may be chargeable to the applicants.

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