THIRD SECTION
DECISION
Application no. 8195/18
Eduard Ildarovich ABZALOV
against Russia
The European Court of Human Rights (Third Section), sitting on 24 October 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 January 2018,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”).
THE LAW
The applicant complained under Article 3 of the Convention about the conditions of detention in a pre-trial facility (see the appended table). The Government contested his arguments. Referring to authentic documentary evidence, they argued that the applicant had at his disposal at any given moment at least 4 sq. m of personal space, reasonable sleeping and dining arrangements and that he was detained in adequate sanitary conditions.
Having regard to all of the available material and the parties’ arguments, the Court finds that it cannot be established that the applicant suffered from severe overcrowding in detention of the kind that could entail, on its own, a violation of Article 3 (see Muršić v. Croatia [GC], no. 7334/13, 20 October 2016). Nor can it be found that the cumulative effect of the other aspects of the detention which the applicant complained about reached the threshold of severity required to characterise the treatment as inhuman or degrading within the meaning of Article 3 (see Mainov v. Russia, no. 11556/17, § 19, 15 May 2018).
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 14 November 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Date of birth
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
8195/18
22/01/2018
Eduard Ildarovich Abzalov
02/03/1978
IZ-2 Kazan,
Tatarstan Republic
11/10/2017 to
21/10/2017
11 day(s)
4 m²
Lack of or restricted access to leisure or educational activities.
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