Last Updated on December 14, 2023 by LawEuro
The applicants complained of the inadequate conditions of their detention.
European Court of Human Rights
THIRD SECTION
CASE OF ZATYNAYKO AND OTHERS v. RUSSIA
(Applications nos. 21514/18 and 42 others – see appended list)
JUDGMENT
STRASBOURG
14 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Zatynayko and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 November 2023,
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 their detention. Some applicants 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. Jurisdiction
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case-law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96-101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-59, 10 January 2012).
9. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. 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’ conditions of detention were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. Some 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 also disclose violations of the Convention in the light of its wellestablished case-law (see Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; N.T. v. Russia, no. 14727/11, §§ 53-56, 2 June 2020, concerning routine handcuffing of prisoners serving a life sentence, Sakhnovskiy v. Russia [GC], no. 21272/03, 2 November 2010, concerning effectiveness of legal assistance in appeal proceedings in a criminal case; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some applicants under Article 13 of the Convention in respect of their placement in a metal cage in a courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014 and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017), as well as taking into account the previous awards made by the Court to some of the applicants (compare Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022), the Court considers that the finding of a violation in application no. 36924/18 will constitute in itself sufficient just satisfaction and finds it reasonable to award the sums indicated in the appended table to the remaining applicants.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
3. Declares the applications admissible;
4. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction;
5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
6. Holds that it is not necessary to deal separately with the complaint under Article 13 of the Convention concerning the alleged lack of an effective remedy in respect of the applicants’ placement in a metal cage in the courtroom;
7. Holds
(a) that the finding of a violation in application no. 36924/18 will constitute in itself sufficient just satisfaction;
(b) that the respondent State is to pay the remaining 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;
(c) 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 during the default period plus three percentage points.
Done in English, and notified in writing on 14 December 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
____________
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
| No. | Application no.
Date of introduction |
Applicant’s name
Year of birth |
Representative’s name and location | Facility
Start and end date Duration |
Inmates per brigade
Sq. m per inmate Number of toilets per brigade |
Specific grievances | 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. | 21514/18
24/04/2018 (2 applicants) |
Vladimir Anatolyevich ZATYNAYKO
1970 Andrey Anatolyevich ZATYNAYKO 1975 |
Preobrazhenskaya Oksana Vladimirovna
Strasbourg |
IK-6 Orenburg Region
20/11/2003, pending as of 16/09/2022 18 year(s) and 9 month(s) and 28 day(s) |
2.0-2.4 m² | lack of or insufficient electric light, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, overcrowding, use of cuffs outside the cell, lack of or poor quality of bedding and bed linen, ban on keeping in the cell personal belongings, ban on physical exercise in the cell, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and permanent video surveillance;
Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – IK-6 Orenburg Region since 20/11/2003 – pending as of 16/09/2022; opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room – the complaint only lodged by the first applicant; Art. 3 – use of metal cages and/or other security arrangements in courtrooms – Supreme Court of the Russian Federation, between 04/03/2020 and 09/06/2021, judgment on 09/06/2021; Art. 6 (1) and Art. 6 (3) (c) – unfair criminal proceedings in view of the inability to properly ensure the defence – complaint about inability to privately communicate with their lawyers (one of the applicants was conversing with his lawyer via video link in the presence of IK staff); passivity of the court-appointed lawyers and lack of adequate legal assistance. (Sakhnovskiy v. Russia [GC], no. 21272/03, 2 November 2010) |
6,500,
to each applicant |
| 2. | 36924/18
25/07/2018 |
Sergey Albertovich SHTINNIKOV
1972 |
Preobrazhenskaya Oksana Vladimirovna
Strasbourg |
IK-6 Orenburg Region
03/12/2020, pending as of 16/09/2022 20 year(s) and 19 day(s) |
4 inmate(s)
2.4 m² |
lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, bunk beds, lack of or insufficient electric light, no or restricted access to shower, overcrowding | Art. 3 – inhuman/degrading treatment of an inmate – handcuffing of the applicant, a lifer, whenever outside the cell since 29/08/2002 – ongoing as of 16/09/2022;
Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-6 Orenburg Region since 29/08/2002 by opposite-sex operators, Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention – and in respect of permanent video surveillance in detention facilities |
The finding of a violation constitutes sufficient just satisfaction |
| 3. | 38921/18
02/08/2018 |
Maksim Alekseyevich TROSHKIN
1983 |
IK-11 Nizhniy Novgorod Region
21/11/2016, pending as of 16/09/2022 5 year(s) and 9 month(s) and 27 day(s) |
133 inmate(s)
1.5 m² 6 toilet(s) |
poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to potable water, inadequate clothing | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 4. | 39006/18
06/08/2018 (4 applicants) |
Ivan Vasilyevich LOSMANOV
1981 Danil Nikolayevich PANKOV 1979 Andrey Valeryevich BRICHEVSKIY 1980
Ilfat Miratovich SULTANOV 1981 |
IK-29 Kirov Region
12/03/2014, pending as of 16/09/2022 8 year(s) and 6 month(s) and 5 day(s) IK-29 Kirov Region 08/04/2015, pending as of 16/09/2022 7 year(s) and 5 month(s) and 9 day(s) IK-29 Kirov Region 01/02/2016, pending as of 16/09/2022 6 year(s) and 7 month(s) and 16 day(s) IK-29 Kirov Region 15/01/2014, pending as of 16/09/2022 8 year(s) and 8 month(s) and 2 day(s) |
< 2 m²
< 2 m² < 2 m² < 2 m² |
bunk beds, lack of fresh air, inadequate temperature, no or restricted access to warm water, overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower, lack of or restricted access to leisure or educational activities | 12,500,
to each applicant |
||
| 5. | 39480/18
04/07/2018 |
Ivan Venidiktovich KAZANTSEV
1979 |
IK-25 Komi Republic
02/03/2018 to 22/05/2019 1 year(s) and 2 month(s) and 21 day(s) IK-10 Sverdlovsk Region 08/07/2019 pending as of 16/09/2022 3 year(s) and 2 month(s) and 9 day(s) |
2 m²
150 inmate(s) 2 m² 4 toilet(s) |
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water, insufficient number of toilets |
Art. 3 – inadequate conditions of detention during transport – transport by train on 31/05/2019-01/06/2019 and 16/06/2019-17/06/2019 (overcrowding, insufficient number of sleeping places, no or restricted access to toilet) | 13,500 | |
| 6. | 39997/18
08/08/2018 |
Aleksey Yuryevich SOROKIN
1988 |
IK-5 Kirov Region
05/04/2016 to 25/08/2018 2 year(s) and 4 month(s) and 21 day(s) |
105 inmate(s)
3 m² |
inadequate temperature, poor quality of food, no or restricted access to warm water, no or restricted access to shower, overcrowding | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,300 | |
| 7. | 46653/18
05/11/2018 |
Erdeni Galsandorzhiyevich YUNDUNOV
1980 |
IK-11 Nizhniy Novgorod Region
23/08/2018, pending as of 16/09/2022 4 year(s) and 25 day(s) |
86 inmate(s)
1.5 m² 6 toilet(s) |
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food | Art. 3 – inadequate conditions of detention during transport – train, Saratov – Nizhniy Novgorod, 20 to 21/08/2018, insufficient number of sleeping places, restricted access to toilet, lack of fresh air),
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention |
13,500 | |
| 8. | 50955/18
08/10/2018 |
Aleksandr Sergeyevich MALTSEV
1979 |
Kulakov Yevgeniy Valeryevich
Arkhangelsk |
IK-1 Arkhangelsk Region
12/10/2016 to 29/12/2018 2 year(s) and 2 month(s) and 18 day(s) |
80 inmate(s)
1.9 m² 4 toilet(s) |
lack of or inadequate hygienic facilities, inadequate temperature, lack of or insufficient electric light, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,800 |
| 9. | 53251/18
01/09/2018 |
Stanislav Vladimirovich KUZNETSOV
1994 |
IK-11 Nizhniy Novgorod Region
03/08/2018, pending as of 16/09/2022 4 year(s) and 1 month(s) and 14 day(s) |
6 inmate(s)
2 m² 1 toilet(s) |
lack of requisite medical assistance, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 10. | 56243/18
13/11/2018 |
Yevgeniy Valeryevich KOVALEV
1990 |
IK-11 Nizhniy Novgorod Region
26/08/2018, pending as of 16/09/2022 4 year(s) and 22 day(s) |
130 inmate(s)
1.5 m² 7 toilet(s) |
poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, overcrowding | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 11. | 56434/18
15/11/2018 |
Maksim Valeryevich ZAVARUKHIN
1983 |
IK-24 Komi Republic
15/07/2018 to 18/09/2019 1 year(s) and 2 month(s) and 4 day(s) |
200 inmate(s)
1.8-2.2 m² 5 toilet(s) |
lack of fresh air, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food | Art. 3 – inadequate conditions of detention during transport – transport by train, from 13 to 15/07/2018; overcrowding, lack of or insufficient electric light, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, no or restricted access to toilet;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of the inadequate conditions of detention during transport |
7,000 | |
| 12. | 58494/18
28/11/2018 |
Sergey Aleksandrovich NIKIFOROV
1973 |
IK-11 Nizhniy Novgorod Region
22/08/2018 – pending as of 16/09/2022 4 year(s) and 26 day(s) |
260 inmate(s)
less than 2 m² 9 toilet(s) |
inadequate temperature, lack of fresh air, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 13. | 59325/18
27/11/2018 |
Denis Valeryevich IGNATENKO
1988 |
Petrov Roman Nikolayevich
Cheboksary |
IK-11 Nizhniy Novgorod Region
14/08/2017 – pending as of 16/09/2022 5 year(s) and 1 month(s) and 3 day(s) |
100 inmate(s)
1.6 m² 6 toilet(s) |
overcrowding, narrow passages in the cell, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, no or restricted access to shower, lack of requisite medical assistance | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 |
| 14. | 59464/18
03/12/2018 |
Aleksey Vladimirovich SENKIN
1987 |
IK-11 Nizhniy Novgorod Region
15/10/2018 – pending as of 16/09/2022 3 year(s) and 11 month(s) and 2 day(s) |
100 inmate(s)
<3 m² 6 toilet(s) |
lack of fresh air, overcrowding, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 15. | 59846/18
28/11/2018 |
Valeriy Askarovich MIRMUKHAMEDOV
1971 |
LIU-3 Nizhny Novgorod Region (medical facility)
16/01/2016 to 15/09/2018 2 year(s) and 8 month(s) IK-11 Nizhniy Novgorod Region 16/09/2018 pending as of 16/09/2022 4 year(s) and 1 day(s) |
2 m²
150 inmate(s) 1.7 m² 8 toilet(s) |
overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, poor quality of potable water, lack of or poor quality of bedding and bed linen
overcrowding, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, lack of requisite medical assistance, lack of or insufficient electric light, infestation of cell with insects/rodents, no or restricted access to running water |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 16. | 4458/19
17/12/2018 |
Aleksandr Ivanovich FEDORYANICH
1987 |
IK-11 Nizhniy Novgorod Region
19/11/2018 – pending as of 16/09/2022 3 year(s) and 9 month(s) and 29 day(s) |
110 inmate(s)
1.6-1.7 m² 6 toilet(s) |
lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 17. | 5191/19
09/01/2019 |
Pavel Vladimirovich MALKOV
1986 |
IK-11 Nizhniy Novgorod Region
12/11/2018 – pending as of 16/09/2022 3 year(s) and 10 month(s) and 5 day(s) |
130 inmate(s)
1.5 m² 6 toilet(s) |
overcrowding, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space of the exercise yard, passive smoking, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease | Art. 3 – inadequate conditions of detention during transport – transport by train on 21/10/2018 – 23/10/2018 and on 04/11/2018: overcrowding, no or restricted access to toilet;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention |
13,500 | |
| 18. | 6324/19
14/01/2019 |
Andrey Andreyevich GREKHOV
1990 |
IK-10 Altay Region
07/10/2017 – pending as of 16/09/2022 4 year(s) and 11 month(s) and 10 day(s) |
100 inmate(s)
< 2 m² 6 toilet(s) |
no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to shower, lack of privacy for toilet, overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient electric light, inability to take a shower, lack of or insufficient quantity of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 19. | 7156/19
14/01/2019 |
Viktor Anatolyevich PETRENKO
1966 |
IK-11 Nizhniy Novgorod Region
10/12/2018 – pending as of 16/09/2022 3 year(s) and 9 month(s) and 7 day(s) |
100 inmate(s)
1.8-1.9 m² 6 toilet(s) |
overcrowding, lack of ventilation, lack of fresh air, poor quality of food, poor quality of potable water, bunk beds, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet | Art. 13 – lack of any effective remedy in domestic law to complain about poor conditions of transport and inadequate conditions of detention;
Art. 3 – inadequate conditions of detention during transport – transport from 14/10/2018 to 10/2018 by train; detention in transit facilities; lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air, no or restricted access to warm water, overcrowding, insufficient number of sleeping places |
13,500 | |
| 20. | 11221/19
10/04/2019 |
Roman Borisovich KORNIYENKO
1984 |
IK-8 Komi Republic
16/11/2018 – pending as of 16/09/2022 3 year(s) and 10 month(s) and 1 day(s) |
50 inmate(s)
< 2 m² |
overcrowding, lack of toiletries, no or restricted access to toilet, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
Art. 3 – inadequate conditions of detention during transport – train, 04/11/2018-12/11/2018, 0.2-0.4, overcrowding, insufficient number of sleeping places, passive smoking, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack or insufficient quantity of food, inadequate temperature, lack of or poor quality of bedding and bed linen |
13,500 | |
| 21. | 11909/19
03/06/2019 |
Vladimir Viktorovich YEGORIN
1966 |
IK-49 Komi Republic
06/08/2010 – pending as of 16/09/2022 12 year(s) and 1 month(s) and 11 day(s) |
1.5 m² | no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, mouldy or dirty cell, inadequate temperature | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 22. | 20168/19
04/04/2019 |
Vasiliy Aleksandrovich BOCHEK
1963 |
OIK 36 IK 5 Krasnoyarsk Region
02/09/2015 – pending as of 16/09/2022 7 year(s) and 15 day(s) |
2.67 m² | overcrowding, narrow passages in the cell, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air | Art. 3 – inadequate conditions of detention during transport – 05/06/2019; van; 0.3 sq. m. of personal space; lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light (introduction date – 22/07/2019) | 13,500 | |
| 23. | 21167/19
29/03/2019 |
Aleksandr Nikolayevich FEDYNA
1962 |
IK-18 Murmansk Region
01/05/2010 – pending as of 16/09/2022 12 year(s) and 4 month(s) and 16 day(s) |
1.9 m² | poor quality of food, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, passive smoking, mouldy or dirty cell | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
| 24. | 25090/19
20/04/2019 |
Yevgeniy Vladimirovich ZUBTSOV
1987 |
Petrov Roman Nikolayevich
Cheboksary |
IK-11 Nizhniy Novgorod Region
20/07/2015 – pending as of 16/09/2022 7 year(s) and 1 month(s) and 28 day(s) |
120 inmate(s)
<2 m² 7 toilet(s) |
no or restricted access to shower, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 |
| 25. | 48290/19
29/08/2019 |
Denis Sergeyevich ZUBAREV
1996 |
Disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region
10/03/2019 to 19/08/2019 5 month(s) and 10 day(s) |
4 inmate(s)
2-2.6 m² |
overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, lack of privacy for toilet | Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – video surveillance in a lavatory in a disciplinary cell at IK-9 Nizhniy Novgorod Region between 10/03/2019 and 19/08/2019 | 2,900 | |
| 26. | 58645/19
20/05/2020 |
Shamsuddin Rustamzhonovich NEGMATULLAYEV
1983 |
IK-5 Krasnoyarsk Region
30/04/2014 – pending as of 16/09/2022 8 year(s) and 4 month(s) and 18 day(s) |
100 inmate(s)
3.5 m² 4 toilet(s) |
inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food | Art. 3 – inadequate conditions of detention during transport – transfer by van from IK-5 to TPP-6 Krasnoyarsk Region and back on 21/02/2020: overcrowding (0.2 sq. m of personal space), lack of fresh air, seat belts, no access to potable water, each way took 3 hours;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention |
13,000 | |
| 27. | 9220/20
28/01/2020 |
Eduard Alekseyevich GERASIMOV
1978 |
IK-3 Chuvashia Republic
03/09/2018 – pending as of 16/09/2022 4 year(s) and 14 day(s) |
2.25 m² | lack of or insufficient natural light | 12,500 | ||
| 28. | 9682/20
29/01/2020 |
Petr Viktorovich FILIPPOVSKIY
1981 |
IK-19 Komi Republic
10/01/2020 – pending as of 16/09/2022 2 year(s) and 8 month(s) and 7 day(s) |
124 inmate(s)
1.8 m² 3 toilet(s) |
lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – The applicant was placed in a metal cage on several occasions during court hearings in the Ukhta Town Court between 28/05/2019 and 03/10/2019 |
13,500 | |
| 29. | 9716/20
29/01/2020 |
Tolibzhon Makhmadsaidovich DZHABOROV
1983 |
IK-25 Komi Republic
09/05/2010 – pending as of 16/09/2022 12 year(s) and 4 month(s) and 8 day(s) |
82 inmate(s)
<2 m² |
overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention, in respect of poor conditions of transport and permanent video surveillance;
Art. 3 – inadequate conditions of detention during transport – conditions of the applicant’s transport by train on 25-26/06/2021 from the train station to the hospital for 8 hours – specific grievances: overcrowding (0.5 sq.m. of personal space: compartment measuring 3.6 sq.m. housing 7 inmates) insufficient number of sleeping places (7 inmates and 6 bunk beds), lack of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or inadequate furniture, lack of fresh air) and on 29/07/2021 in a van from the hospital to the applicant’s correctional colony for 8 hours (lack of requisite medical assistance); Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room during the applicant’s detention in IK-25 Komi Republic since 18/07/2014 |
12,500 | |
| 30. | 41401/20
09/11/2020 |
Vladimir Alekseyevich IGNATYEV
1987 |
IK-8 Khabarovsk Region
20/05/2020 pending as of 16/09/2022 2 year(s) and 3 month(s) and 28 day(s) |
1.7 m² | bunk beds, lack of fresh air, overcrowding, lack of or insufficient natural light | 9,100 | ||
| 31. | 41843/20
12/02/2021 |
Yuriy Leonidovich PONKRASHKIN
1971 |
IK-5 Krasnoyarsk Region
25/01/2019 to 08/08/2021 2 year(s) and 6 month(s) and 15 day(s) |
96 inmate(s)
2.9 m² |
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and 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 – detention in different cells with video surveillance by opposite-sex operators, video surveillance in a lavatory and/or shower room in IK-5 Krasnoyarsk Region from 25/01/2019 |
6,500 | |
| 32. | 50270/20
05/08/2021 |
Vitaliy Viktorovich ZOZULYA
1989 |
IK-24 Krasnoyarsk Region (including SHIZO and solitary cells)
26/11/2016 to 14/07/2022 5 year(s) and 7 month(s) and 19 day(s) |
1.4-2.66 m² | overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 8,000 | |
| 33. | 53079/20
01/08/2020 |
Sergey Yulyevich KARPOV
1963 |
IK-8 Komi Republic
22/11/2018 – pending as of 16/09/2022 3 year(s) and 9 month(s) and 26 day(s) |
<2 m² | lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to potable water, mouldy or dirty cell, overcrowding, poor quality of food | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 11,500 | |
| 34. | 54341/20
20/11/2020 |
Sergey Vladimirovich FINAYEV
1978 |
KP-14 Irkutsk Region
20/11/2020 – pending as of 16/09/2022 1 year(s) and 9 month(s) and 28 day(s) |
74 inmate(s)
2.35 m² 6 toilet(s) |
overcrowding, lack or insufficient quantity of food, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, lack of or inadequate hygienic facilities | 7,600 | ||
| 35. | 377/21
17/03/2021 |
Yevgeniy Aleksandrovich KUTNOV
1991 |
IK-24 Krasnoyarsk Region
07/04/2019 – pending as of 16/09/2022 3 year(s) and 5 month(s) and 10 day(s) |
<2 m² | lack of or restricted access to leisure or educational activities, lack of privacy for toilet, poor quality of potable water, overcrowding, no or restricted access to warm water | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 9,500 | |
| 36. | 4785/21
16/06/2021 |
Ruslan Vladimirovich KUTASHENKO
1990 |
IK-8 Komi Republic
17/07/2019 – pending as of 16/09/2022 3 year(s) and 2 month(s) |
120 inmate(s)
2 m² 4 toilet(s) |
overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, one toilet/one wash sink per 15 inmates | Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-8 Komi Republic since 17/07/2019 – pending as of 16/09/2022;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention; Art. 3 – use of metal cages and/or other security arrangements in courtrooms – Ukhta Town Court of the Komi Republic (administrative hearing) on 12/08/2021, at the IK-8 premises by means of the video conference |
11,600 | |
| 37. | 6216/21
14/12/2020 |
Roman Vadimovich RIMAREV
1979 |
IK-8 Komi Republic
29/04/2015 – pending as of 16/09/2022 7 year(s) and 4 month(s) and 19 day(s) |
150 inmate(s)
1-1.2 m² 4 toilet(s) |
overcrowding, poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, mouldy or dirty cell, infestation of cell with insects/rodents | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – at IK-8 Komi Republic premises by means of a video-link, several hearings between 26/01/2021 and 04/08/2021 before the Ukhta Town Court |
13,700 | |
| 38. | 7575/21
19/01/2021 |
Vitaliy Vladimirovich RADIKOV
1959 |
IK-8 Komi Republic
09/10/2019 – pending as of 16/09/2022 2 year(s) and 11 month(s) and 8 day(s) |
100 inmate(s)
<2 m² 3 toilet(s) |
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack of or restricted access to leisure or educational activities, lack of physical exercise, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – SIZO-1 Syktyvkar, Komi Republic; 18/06/2021 – 21/09/2021; detention in different cells with video surveillance |
10,000 | |
| 39. | 27412/21
26/04/2021 |
Andrey Aleksandrovich KORSAKOV
1973 |
IK-8 Komi Republic
15/05/2014 – pending as of 16/09/2022 8 year(s) and 4 month(s) and 2 day(s) |
<2 m² | overcrowding, lack of fresh air, poor quality of potable water | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 9,300 | |
| 40. | 37896/21
07/07/2021 |
Aleksandr Igorevich FEDOTOV
1986 |
Alekseyeva Natalya Vasilyevna
Krasnoyarsk |
KP-3 Orlov Region
12/03/2019 – pending as of 16/09/2022 3 year(s) and 6 month(s) and 5 day(s) |
60 inmate(s)
2.1 m² |
overcrowding, no or restricted access to toilet, lack of privacy for toilet | 8,800 | |
| 41. | 37901/21
07/07/2021 |
Vladislav Vladimirovich KOTOV
1988 |
Alekseyeva Natalya Vasilyevna
Krasnoyarsk |
KP-3 Orlov Region
20/12/2019 – pending as of 16/09/2022 2 year(s) and 8 month(s) and 28 day(s) |
60 inmate(s)
2.1 m² |
overcrowding, no or restricted access to running water, no or restricted access to shower | 8,800 | |
| 42. | 43891/21
06/09/2021 |
Eduard Vladimirovich CHUDINOV
1969 |
IK-56 Sverdlovsk Region
05/12/2015 to 03/09/2017 1 year(s) and 8 month(s) and 30 day(s) |
4.1 m² | lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, hand cuffs, use of a bucket instead of a toilet, no ventilation, sewage, water supply system, lack of privacy for toilet
The applicant complained before the domestic courts about inadequate detention conditions in IK-56 Sverdlovsk Region 26/08/2009 – 03/09/2017. The courts relied on the Court’s case-law, acknowledged a violation in respect of the entire period and awarded him compensation of RUB 100,000 (approximately EUR 1,150). The final decision was taken by the Supreme Court of the Russian Federation on 30/07/2021 |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – via a video link from IK-6 Khabarovsk Region, civil proceedings on conditions of detention in IVS before the Nevyansk Town Court of the Sverdlovsk Region, hearings held on 10/12/2021 and 17/12/2021, and via a video link, administrative proceedings against domestic authorities before the Zheleznodorozhnyy District Court of Khabarovsk Region, on 27/07/2021 |
9,750 | |
| 43. | 184/22
24/12/2021 |
Alan Mayranovich SOZAYEV
1987 |
IK-4 Magadan Region
18/11/2021 – pending as of 16/09/2022 9 month(s) and 30 day(s) |
6 inmate(s)
<2 m² 1 toilet(s) |
overcrowding, lack of or insufficient natural light, lack of privacy for toilet, mouldy or dirty cell, lack of ventilation, absence of a fire extinguisher in a cell | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of detention conditions during transport;
Art. 3 – inadequate conditions of detention during transport – inadequate detention conditions during transport between 29/09/2021 and 16/11/2021 in a van and train; grievances: overcrowding (0.25-0.36 sq. m per person); lack or inadequate furniture; lack of or insufficient electric light; lack of or insufficient natural light; no or restricted access to toilet; lack of or poor quality of bedding and bed linen; applicant transported on numerous occasions; insufficient number of sleeping places; mouldy or dirty cell; no or restricted access to toilet; lack of fresh air; inadequate temperature; no or restricted access to running water |
5,400 |
[i] Plus any tax that may be chargeable to the applicants.
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