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.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Provizion v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of: Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 22 September 2018.<\/p>\n 2. The applicant was represented by Ms V. Prikhodkina, a lawyer practising in Chelyabinsk.<\/p>\n 3. The Russian Government (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n 4. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 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.<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLES\u00a03 and 13 OF THE CONVENTION<\/strong><\/p>\n 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:<\/p>\n Article 3<\/p>\n \u201cNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.\u201d<\/p>\n Article\u00a013<\/p>\n \u201cEveryone 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.\u201d<\/p>\n 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\u00a03 of the Convention.<\/p>\n 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\u2019s 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.<\/p>\n 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\u2019s remaining complaints under Articles 3 and 13 of the Convention (see Centre for Legal Resources on behalf of Valentin C\u00e2mpeanu v. Romania [GC], no.\u00a047848\/08, \u00a7 156, ECHR 2014).<\/p>\n II. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 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\u00a035\u00a0\u00a7\u00a03\u00a0(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.<\/p>\n III. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 11. Article\u00a041 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 12. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Vorontsov and Others, cited above), the Court considers it reasonable to award the sum indicated in the appended table.<\/p>\n 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 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;<\/p>\n 2. Holds that these complaints disclose a breach of Article\u00a03 of the Convention on account of the applicant\u2019s placement in a metal cage before the court during the criminal proceedings against him;<\/p>\n 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);<\/p>\n 4. Holds<\/p>\n (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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 13 October 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Darian Pavli ___________<\/p>\n APPENDIX<\/strong><\/p>\n Application raising complaints under Article 3 of the Convention<\/p>\n (use of metal cages in courtrooms)<\/p>\n
\nCASE OF PROVIZION v. RUSSIA<\/strong>
\n(Application no. 46948\/18)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n13 October 2022<\/p>\n
\nDarian Pavli, President,
\nAndreas Z\u00fcnd,
\nFr\u00e9d\u00e9ric Krenc, judges,
\nand Viktoriya Maradudina, ActingDeputy Section Registrar,
\nHaving deliberated in private on 15 September 2022,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n