CASE OF SAMARUKOV AND OTHERS v. RUSSIA – 54274/18 and 31 others

Last Updated on January 11, 2024 by LawEuro

European Court of Human Rights
FOURTH SECTION
CASE OF SAMARUKOV AND OTHERS v. RUSSIA
(Applications nos. 54274/18 and 31 others – see appended list)
JUDGMENT
STRASBOURG
11 January 2024

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

In the case of Samarukov and Others v. Russia,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 30 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, which reads as follows:

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

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 well‑established 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; 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).

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. 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), the Court considers it reasonable to award the sums indicated in the appended table.

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

(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 during the default period plus three percentage points.

Done in English, and notified in writing on 11 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                   Branko Lubarda
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. 54274/18

06/11/2018

Yevgeniy Andreyevich SAMARUKOV

1982

 

 

IK-5 Kirov Region

25/04/2017 to

06/10/2019

2 year(s) and 5 month(s) and 12 day(s)

100 inmate(s)

2.8 m²

overcrowding, no or restricted access to shower, poor quality of food, lack or insufficient quantity of food, lack of requisite medical assistance Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 8,000
2. 54431/18

12/02/2019

Valeriy Pavlovich SHMELEV

1960

 

 

IK-29 Kirov Region

02/04/2014 to

29/08/2018

4 year(s) and 4 month(s) and 28 day(s)

<2-2 m² poor quality of food, infestation of cell with insects/rodents, poor quality of potable water, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, inadequate temperature, passive smoking Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 5,000
3. 54596/18

08/11/2018

Nikolay Sergeyevich KNYAZEV

1990

 

 

IK-11 Nizhniy Novgorod Region

20/06/2017, pending as of 16/09/2022

5 year(s) and 2 month(s) and 28 day(s)

120 inmate(s)

1.5 m²

8 toilet(s)

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding, lack of requisite medical assistance, poor quality of food 12,500
4. 54655/18

05/11/2018

Yuriy Aleksandrovich KHAVANOV

1982

 

 

IK-4 Arkhangelsk Region

04/06/2015, pending as of 16/09/2022

7 year(s) and 3 month(s) and 13 day(s)

130 inmate(s)

<2 m²

7 toilet(s)

mouldy or dirty cell, poor quality of food, no or restricted access to warm water, overcrowding, lack or inadequate furniture Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
5. 54748/18

02/11/2018

Vladimir Arkadyevich KOLTSOV

1958

 

 

IK-11 Nizhniy Novgorod Region

20/04/2017, pending as of 16/09/2022

5 year(s) and 4 month(s) and 28 day(s)

1.7 m² lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents, lack or inadequate furniture, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
6. 54822/18

09/11/2018

Khabibullo Abdullayevich GULOV

1966

 

 

IK-29 Kirov Region

23/03/2012, pending as of 16/09/2022

10 year(s) and 5 month(s) and 25 day(s)

2.4 m² lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of food, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
7. 54887/18

29/10/2018

Aleksandr Vyacheslavovich TARAKANOV

1982

 

 

IK-11 Nizhniy Novgorod Region

10/01/2017, pending as of 16/09/2022

5 year(s) and 8 month(s) and 7 day(s)

1.6 m² lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, poor quality of food, small local area, passive smoking, 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
8. 54908/18

28/01/2019

Vyacheslav Igorevich YEMELYANOV

1993

 

 

IK-11 Nizhniy Novgorod Region

01/08/2017, pending as of 16/09/2022

5 year(s) and 1 month(s) and 16 day(s)

1.3 m² overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of fresh air, infestation of cell with insects/rodents, bunk beds, poor quality of food Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
9. 54933/18

06/11/2018

Maksim Mikhaylovich LOSHKAREV

1985

 

 

IK-11 Nizhniy Novgorod Region

01/10/2015, pending as of

16/09/2022

6 year(s) and 11 month(s) and 16 day(s)

1.6 m² lack of or restricted access to leisure or educational activities, lack of fresh air, inadequate temperature, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, small local area, lack of requisite medical assistance, poor quality of food, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
10. 55403/18

08/11/2018

Aleksandr Valeryevich UTYUZHNIKOV

1982

Malinin Andrey Anatolyevich

Pechora

IK-1 Komi Republic

01/10/2016, pending as of

16/09/2022

5 year(s) and 11 month(s) and 16 day(s)

30 inmate(s)

1.67 m²

2 toilet(s)

constant electric light, overcrowding, poor quality of food, lack of privacy for toilet, infestation of cell with insects/rodents Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport;

 

Art. 3 – inadequate conditions of detention during transport – inadequate conditions during his transportation on 30/07/2018: overcrowding (0.35 sq. m. per person), lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to toilet

13,500
11. 55413/18

09/11/2018

Andrey Yuryevich KUZMINSKIY

1978

 

 

IK-1 Arkhangelsk Region

31/12/2017, pending as of 16/09/2022

4 year(s) and 8 month(s) and 17 day(s)

88 inmate(s)

1.6 m²

4 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to warm water, no or restricted access to toilet, mouldy or dirty cell, poor quality of food Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
12. 55563/18

12/11/2018

Oleg Aleksandrovich KRASNOV

1980

Preobrazhenskaya Oksana Vladimirovna

Strasbourg

IK-6 Orenburg Region

21/03/2002, pending as of 16/09/2022

20 year(s) and 5 month(s) and 27 day(s)

6 inmate(s)

2 m²

lack of fresh air, lack of privacy for toilet, lack of or insufficient electric light, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
13. 55592/18

09/11/2018

Aleksey Viktorovich TSVETKOV

1982

 

 

IK-11 Nizhniy Novgorod Region

01/07/2015, pending as of 16/09/2022

7 year(s) and 2 month(s) and 16 day(s)

110 inmate(s)

1.3 m²

lack of fresh air, overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, small local area, lack of requisite medical assistance, lack or inadequate furniture

 

 

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
14. 55827/18

10/11/2018

Aleksey Igorevich IVANOV

1988

 

 

IK-25 Chelyabinsk Region

09/11/2017, pending as of 16/09/2022

4 year(s) and 10 month(s) and 8 day(s)

135 inmate(s)

2.2 m²

8 toilet(s)

overcrowding, lack of fresh air, insufficient number of toilets and wash basins, poor quality of potable water, insufficient number of hygiene items provided Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
15. 55985/18

17/11/2018

Vitaliy Viktorovich ZATSEPIN

1975

 

 

IK-1 Arkhangelsk Region

08/04/2005 to

26/12/2021

16 year(s) and 8 month(s) and 19 day(s)

85 inmate(s)

<2 m²

4 toilet(s)

no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,000
16. 55992/18

12/11/2018

Ivan Olegovich KOLOBOV

1993

 

 

IK-11 Nizhniy Novgorod

22/05/2017, pending as of 16/09/2022

5 year(s) and 3 month(s) and 26 day(s)

1.6 m² lack of fresh air, infestation of cell with insects/rodents, constant electric light, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack or insufficient quantity of food, overcrowding, poor quality of food, no or restricted access to warm water, no or restricted access to toilet 12,500
17. 56201/18

14/11/2018

Yuriy Sergeyevich MASHKOVSKIY

1984

 

 

IK-5 Krasnoyarsk Region

09/07/2018, pending as of 16/09/2022

4 year(s) and 2 month(s) and 8 day(s)

110 inmate(s)

2.2-2.7 m²

4 toilet(s)

lack of privacy for toilet, lack of fresh air, overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, mouldy or dirty cell

 

 

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
18. 56202/18

14/11/2018

Aleksey Petrovich RUBAN

1973

 

 

IK-5 Krasnoyarsk Region

20/01/2015 to

27/05/2019

4 year(s) and 4 month(s) and 8 day(s)

150 inmate(s)

2-2.6 m²

4 toilet(s)

lack of privacy for toilet, overcrowding, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, infestation of cell with insects, lack or inadequate furniture, lack or inadequate cloths

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 6,800
19. 56525/18

27/11/2018

Konstantin Vladimirovich GLUKHOV

1976

 

 

OIK-36 IK-5 Krasnoyarsk Region

18/11/2018 to

06/02/2019

2 month(s) and 20 day(s)

140 inmate(s)

2.55 m²

overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of requisite medical assistance, lack of or poor quality of bedding and bed linen Art. 3 – inadequate conditions of detention during transport – 17/08/2018 to 18/08/2018, train: overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack or insufficient quantity of food, 13 inmates per train compartment; 14/11/2018 to 15/11/2018, transit cell, van: overcrowding, no or restricted access to toilet, 30 inmates (transport by van), 14 hours’ transfer by van on 14/11/2018, no individual sleeping place provided in a transit cell on 15/11/2018;

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transport

2,300
20. 56684/18

14/11/2018

Dmitriy Yuryevich BOLSHAKOV

1970

 

 

IK-11 Nizhniy Novgorod Region

26/07/2017, pending as of

16/09/2022

5 year(s) and 1 month(s) and 22 day(s)

1.3 m² lack of or insufficient electric light, lack of or insufficient natural light, sharing cells with inmates infected with contagious disease, no or restricted access to shower, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, inadequate temperature, inappropriate clothes, lack of fresh air, passive smoking, poor quality of food, mouldy or dirty cell Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
21. 56698/18

12/11/2018

Nikolay Nikolayevich SOKIRKO

1982

 

 

IK-1 Komi Republic

25/08/2018, pending as of 16/09/2022

4 year(s) and 23 day(s)

47 inmate(s)

1.7 m²

infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries, lack or inadequate furniture, no or restricted access to warm water, overcrowding, passive smoking Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transport;

 

Art. 3 – inadequate conditions of detention during transport – transport by train from 13/04/2018 to 23/08/2018 – lack of or poor quality of bedding and bed linen, passive smoking, lack of fresh air, lack of or insufficient electric light, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet

13,500
22. 56719/18

16/11/2018

Yevgeniy Nikolayevich SKATOV

1987

 

 

IK-2 (cell-type facility), IK-5 (hospital) Zabaykalskiy Region

04/02/2018 to

09/08/2020

2 year(s) and 6 month(s) and 6 day(s)

2-3 m² mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 9,900
23. 56772/18

19/11/2018

Maksim Aleksandrovich KUSHNIRUK

1979

 

 

IK-11 Nizhniy Novgorod Region

31/07/2017, pending as of 16/09/2022

5 year(s) and 1 month(s) and 17 day(s)

140 inmate(s)

1.5 m²

overcrowding, lack of dormitory surface to move freely between furniture items, bad odour in dormitory, 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 requisite medical assistance, lack or inadequate furniture, poor quality of food

 

 

 

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
24. 56798/18

02/11/2018

Oleg Ivanovich SMIRNOV

1965

 

 

IK-11 Nizhniy Novgorod Region

20/08/2017, pending as of 16/09/2022

5 year(s) and 28 day(s)

120 inmate(s)

1.2 m²

6 toilet(s)

overcrowding, lack of dormitory surface to move freely between furniture items, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, passive smoking, poor quality of food, lack or inadequate furniture Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
25. 56870/18

17/11/2018

Sergey Aleksandrovich VORONIN

1970

 

 

IK-11 Nizhniy Novgorod Region

01/04/2017, pending as of 16/09/2022

5 year(s) and 5 month(s) and 16 day(s)

1.7 m² 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 Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
26. 56892/18

21/10/2018

Maksim Eduardovich BUTAKOV

1988

 

 

IK-25 Chelyabinsk Region

21/09/2017, pending as of 16/09/2022

4 year(s) and 11 month(s) and 27 day(s)

62 inmate(s)

1.4 m²

lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
27. 56948/18

14/11/2018

Aleksandr Vladimirovich GARIN

1984

 

 

IK-1 Arkhangelsk Region

05/06/2015, pending as of 16/09/2022

7 year(s) and 3 month(s) and 12 day(s)

84 inmate(s)

1.7 m²

overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient quantity of food, mouldy or dirty cell, no or restricted access to running water, no or restricted access to warm water Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
28. 57343/18

19/11/2018

Vladimir Aleksandrovich LEBEDINSKIY

1972

 

 

IK-11 Nizhniy Novgorod Region

01/05/2014, pending as of 16/09/2022

8 year(s) and 4 month(s) and 16 day(s)

120 inmate(s)

1.46 m²

8 toilet(s)

sharing cells with inmates infected with contagious disease, poor quality of food, overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water 12,500
29. 57384/18

19/11/2018

Eduard Viktorovich POSMITNYY

1967

 

 

IK-11 Nizhniy Novgorod Region

25/01/2010, pending as of 16/09/2022

12 year(s) and 7 month(s) and 23 day(s)

120 inmate(s)

1.7 m²

5 toilet(s)

overcrowding, poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500
30. 57412/18

23/11/2018

Aleksandr Vasilyevich KARPOV

1976

 

 

IK-5 Kirov Region

27/07/2017 to 12/05/2019

1 year(s) and 9 month(s) and 16 day(s)

2.2 m² no or restricted access to shower, lack of or poor quality of bedding and bed linen, inappropriate clothes, poor quality of food, overcrowding in the kitchen, lack of requisite medical assistance Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 6,500
31. 57704/18

02/11/2018

Artem Sergeyevich IGNATOV

1987

 

 

OIK-36 IK-5 Krasnoyarsk Region

20/09/2017, pending as of 16/09/2022

4 year(s) and 11 month(s) and 28 day(s)

112 inmate(s)

2.25 m²

2 toilet(s)

overcrowding, narrow passages in the cell, no or restricted access to toilet, no or restricted access to running water, 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, poor quality of food, no or restricted access to shower 12,500
32. 57804/18

15/11/2018

Aleksandr Yuryevich POLYNKIN

1974

 

 

IK-11 Nizhniy Novgorod Region

27/07/2015, pending as of 16/09/2022

7 year(s) and 1 month(s) and 21 day(s)

130 inmate(s)

1.4 m²

8 toilet(s)

infestation of cell with insects/rodents, insufficient number of sleeping places, poor quality of food, poor quality of potable water, overcrowding, no or restricted access to warm water, no or restricted access to toilet, lack of fresh air, inadequate temperature Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention 12,500

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

Leave a Reply

Your email address will not be published. Required fields are marked *