THIRD SECTION
DECISION
Applications nos. 34208/17 and 1603/18
Artem Aleksandrovich AKSENCHIK against Russia
and Anatoliy Petrovich SEDYKH against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention after conviction were communicated to the Russian Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate conditions of detention after conviction)The applicants complained about the conditions of their detention in correctional colony no. IK-56 in Sverdlovsk Region. In particular, they referred to allegedly degrading treatment relating to the lack of water-supply and sewage systems and the absence of proper sanitary installations in the cells.
The Government submitted their observations, disputing the violations alleged. On 10 January 2020 the Government submitted additional information about the new Compensation Act and asked to treat it as a new remedy in respect of conditions of detention complaints under Articles 3 of the Convention (compare Shmelev and Others v. Russia (dec.), no. 41743/17 and 16 others, 17 March 2020).
Having examined the material submitted, the Court notes that it has already established that the Compensation Act, as pointed out by the Government, affords the applicants an opportunity to obtain compensatory redress in respect of their prima facie well-founded complaints about breach of their rights by improper conditions of detention in correctional colony no. IK-56 in Sverdlovsk Region (see Belyayev and Others v. Russia (dec.) [Committee], nos. 41102/16 and 29 others, 9 July 2020).
Accordingly, the applicants should exhaust this remedy before their complaints can be examined by the Court. It follows that their complaints, as listed in the appended table, under Article 3 of the Convention should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 15 December 2022.
Viktoriya Maradudina Darian Pavli
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
Facility
Start and end date
Duration
Specific grievances
34208/17
14/02/2017
Artem Aleksandrovich AKSENCHIK
1985
IK-56 Sverdlovsk Region
04/11/2010 to 19/02/2018
7 year(s) and 3 month(s) and 16 day(s)
lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to warm water, no ventilation, lack of fresh air, lack of or insufficient natural light, no or restricted access to running water, lack of or insufficient electric light, lack of water-supply and sewage systems
1603/18
20/11/2017
Anatoliy Petrovich SEDYKH
1963
IK-56 Sverdlovsk Region
16/09/2016 to 05/10/2017
1 year(s) and 20 day(s)
lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, passive smoking, no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, lack of or inadequate hygienic facilities, inadequate exercise yards, no or restricted access to shower, poor quality of food, no disinfection of cells earlier inhabited by inmates with tuberculosis, unpleasant odour from waste dumps