Last Updated on October 13, 2022 by LawEuro
The applicant complained about his confinement in a metal cage in the courtroom during the criminal proceedings against him. He also raised other complaints under the provisions of the Convention.
THIRD SECTION
CASE OF PROVIZION v. RUSSIA
(Application no. 46948/18)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Provizion v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, ActingDeputy Section Registrar,
Having deliberated in private on 15 September 2022,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 22 September 2018.
2. The applicant was represented by Ms V. Prikhodkina, a lawyer practising in Chelyabinsk.
3. The Russian Government (“the Government”) were given notice of the application.
THE FACTS
4. The applicant’s details and information relevant to the application are set out in the appended table.
5. The applicant complained about his confinement in a metal cage in the courtroom during the criminal proceedings against him. He also raised other complaints under the provisions of the Convention.
THE LAW
I. ALLEGED VIOLATION OF ARTICLES 3 and 13 OF THE CONVENTION
6. The applicant complained about his confinement in a metal cage in the court hearings during the criminal proceedings against him, about the alleged lack of medical assistance and about the lack of an effective remedy in respect of these grievances. He relied on Articles 3 and 13 of the Convention, which read as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
7. The Court notes that the applicant was kept in a metal cage in the courtroom in the context of his trial. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention.
8. 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 the similar complaint in the present case. Having regard to its case-law on the subject, the Court considers that in the instant case the applicant’s confinement in a metal cage before the court during the criminal proceedings against him amounted to degrading treatment. This complaint is therefore admissible and discloses a breach of Article 3 of the Convention.
9. Having examined the main legal question raised in the present application with regard to Article 3 of the Convention, the Court further considers that there is no need to give a separate ruling on the applicant’s remaining complaints under Articles 3 and 13 of the Convention (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014).
II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
10. The applicant submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see the 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 also disclose violations of the Convention in the light of its findings in Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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.”
12. Regard being had to the documents in its possession and to its case‑law (see, in particular, Vorontsov and Others, cited above), the Court considers it reasonable to award the sum indicated in the appended table.
13. 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. Declares the complaint about confinement in a metal cage in courtrooms and other complaints under the well-established case-law of the Court (as set in the appended table) admissible and finds that it is not necessary to examine separately the remaining complaints;
2. Holds that these complaints disclose a breach of Article 3 of the Convention on account of the applicant’s placement in a metal cage before the court during the criminal proceedings against him;
3. 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 the appended table);
4. Holds
(a) that the respondent State is to pay the applicant, within three months, the amount 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.
Done in English, and notified in writing on 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
___________
APPENDIX
Application raising complaints under Article 3 of the Convention
(use of metal cages in courtrooms)
| Application no.
Date of introduction |
Applicant’s name
Year of birth
|
Representative’s name and location | Name of the court
Date of the relevant judgment |
Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1] |
| 46948/18
22/09/2018 |
Pavel Yuryevich PROVIZION
1972 |
ValeriyaYuryevnaPrikhodkina
Chelyabinsk |
Kopeysk Town Court (video link from IK-1, Chelyabinsk Region), Chelyabinsk Regional Court (video link from IK-1, Chelyabinsk Region)
02/04/2018 |
Art. 13 – lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities;
Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – Prison in Chelyabinsk Region from 07/12/2016 to 29/05/2018, video surveillance in a lavatory and/or shower room, opposite-sex operators. |
7,500 |
[1]Plus any tax that may be chargeable to the applicant.
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