Published on 20 September 2021
THIRD SECTION
Application no. 53715/19
Aleksey Viktorovich BOGDANOV against Russia
and 3 other applications
(see list appended)
communicated on 3 September 2021
SUBJECT MATTER OF THE CASE
The cases concern routine application of handcuffs to life prisoners in breach of domestic legal provisions every time they left their cells (see Kashavelov v. Bulgaria, no. 891/05, §§ 39 and 40, 20 January 2011, Kaverzin v. Ukraine, no. 23893/03, §§ 151-63, 15 May 2012, N.T. v. Russia, no. 14727/11, §§ 53-56, 2 June 2020, and Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021) and lack of an effective remedy in this respect (application no. 11687/21).
QUESTIONS TO THE PARTIES
COMMON QUESTIONS
1. Do the applicants have at their disposal effective domestic remedies to review their complaints concerning their routine handcuffing, under Article 3 of the Convention?
In particular, can the provisions of the Code of Administrative Procedure (the CAP), as seen in the light of the judicial practice and clarifications issued by the Supreme Court of the Russian Federation, provide an effective preventive and/or compensatory remedy that would satisfy the requirements as outlined in the Court’s practice (see, notably, Shmelev and Others v. Russia (dec.), no. 41743/17, §§ 87 and 89, 17 March 2020; Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 49-56, 19 January 2021; and Akhmednabiyev v Russia (dec.), no. 39410/11, §§ 27-29, 23 March 2021)?
2. Did the systematic application of handcuffs to applicants in all cases constitute inhuman or degrading treatment within the meaning of Article 3 of the Convention (see N.T. v. Russia, no. 14727/11, §§ 53-56, 2 June 2020 and Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021)? The Government are invited to indicate periods when the applicants were subjected to the above measures and to provide supporting documents relating to the application of these measures.
QUESTION SPECIFIC TO THE APPLICATION No. 11687/21
3. As regards the application no. 11687/21, did the applicant have effective domestic remedies in respect of the above complaint about handcuffing, as guaranteed by Article 13 of the Convention?
APPENDIX
No.
Application no.
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Detention facility
Period of alleged handcuffing
1.
53715/19
20/11/2019
Aleksey Viktorovich BOGDANOV
1974
Elban
Russian
IK-6 of the Orenburg Region
13/03/2001 - 31/05/2019
2.
58980/19
31/10/2019
Yevgeniy Petrovich GRITSUK
1966
Elban
Russian
IK-6 of the Orenburg Region
14/03/2001 - 08/05/2019
3.
11687/21
01/01/2021
Arasul Pavlovich KHUBIYEV
1977
Solikamsk
Russian
IK-2 of the Perm Region
14/02/2012 - pending
4.
11689/21
30/12/2020
Nikolay Nikolayevich MIKHAYLOV
1989
Solikamsk
Russian
IK-2 of the Perm Region
12/05/2012 - pending
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