FIRST SECTION
CASE OF BAGAUTDINOV AND OTHERS v. RUSSIA
(Applications nos. 48041/16 and 17 others –
see appended list)
JUDGMENT
STRASBOURG
23 March 2023
This judgment is final but it may be subject to editorial revision.
In the case of Bagautdinov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 2 March 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
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
THE GOVERNMENT’S REQUEST TO STRIKE OUT APPLICATIONs Nos. 77574/17 and 1989/18 UNDER ARTICLE 37 § 1 OF THE CONVENTION6. The Government submitted unilateral declarations in cases nos. 77574/17 and 1989/18 which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue examination of the cases (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the applications out and will accordingly pursue its examination of the cases (see Tahsin Acar v. Turkey (preliminary objections) [GC], no.26307/95, § 75, ECHR 2003‑VI).
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
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, 20 October 2016; Kudła v. Poland [GC], no. 30210/96, §§ 90‑94, ECHR 2000‑XI; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139‑165, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36–40, 7 April 2005).
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.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. The applicant in application no. 15724/18 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 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 a violation of the Convention in the light of its well-established case-law (see Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees).
REMAINING COMPLAINTS13. In addition, the applicants also raised other complaints under various Articles of the Convention.
14. The Court has examined these applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
15. Finally, some applicants also complained under Article 13 of the Convention about the lack of remedies to complain about poor conditions of detention. The Court does not consider it necessary to examine the complaint separately (see, for similar approach most recently, Satyr and Others v. Russia [Committee], nos. 70387/16 and 14 others, 12 January 2023).
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. Article 41 of the Convention provides:
“If 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.”
17. 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,
Decides to join the applications;Rejects the Government’s request to strike applications nos. 77574/17 and 1989/18 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declaration which they submitted;Declares the complaints concerning the inadequate conditions of detention after conviction and other complaints under well-established case-law of the Court, as set out in the appended table, admissible, finds that it is not necessary to examine separately the applicants’ complaints under Article 13 of the Convention concerning the lack of an effective domestic remedy to complain about poor detention conditions, and dismisses the remainder of applications as inadmissible;Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction;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);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 23 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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
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)[1]
48041/16
01/08/2016
Ruslan Rafailovich BAGAUTDINOV
1986
IK-1 Komi Republic
09/01/2014
pending
More than 8 year(s) and 10 month(s) and 20 day(s)
200 inmate(s)
3.3 m²
4 toilet(s)
overcrowding, lack of fresh air, inadequate temperature, lack or inadequate furniture, lack of privacy for toilet, lack of or insufficient electric light, lack of or inadequate hygienic facilities, no or restricted access to shower, mouldy or dirty cell, poor quality of food
12,500
67362/17
08/08/2017
Maksim Stanislavovich SANDOMIROV
1983
IK-2 Zabaykalskiy Region
27/11/2013 to
22/09/2017
3 year(s) and 9 month(s) and 27 day(s)
IK-2 Zabaykalskiy Region
01/07/2018 to
23/11/2018
4 month(s) and
23 day(s)
2 m²
2.25 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to shower, unsanitary conditions, lack of or insufficient electric light, lack of or insufficient natural light, bad odour in cells
6,800
69436/17
16/08/2017
Khuler Eduardovich BOPUY-OOL
1993
IK-5 Krasnoyarsk Region
10/10/2016 to
01/03/2017
4 month(s) and 20 day(s)
IK-5 Krasnoyarsk Region
22/03/2017 to
03/08/2017
4 month(s) and 13 day(s)
IK-5 Krasnoyarsk Region
10/08/2017 to
22/12/2017
4 month(s) and 13 day(s)
2.6 m²
2.6 m²
2.9 m²
no or restricted access to toilet, no or restricted access to shower, poor quality of food
see above
see above
5,600
74195/17
12/06/2018
Aleksandr Sergeyevich ANISHCHENKO
1987
IK-43 Krasnoyarsk Region
27/10/2011 to
01/04/2019
7 year(s) and 5 month(s) and 6 day(s)
3 m²
no or restricted access to running water, no or restricted access to warm water, sharing cells with inmates infected with contagious disease, no sewage system in the detention facility
7,500
77574/17
19/10/2017
Aleksandr Vladimirovich PANKOV
1981
IK-11 Nizhniy Novgorod
30/06/2014
pending
More than 8 year(s) and 5 month(s) and 8 day(s)
145 inmate(s)
2 m²
5 toilet(s)
no or restricted access to shower, infestation of cell with insects/rodents, lack of fresh air, passive smoking, sharing cells with inmates infected with contagious disease
12,500
1989/18
07/12/2017
Maksim Vladimirovich KARTAVSHCHIKOV
1982
IK-29 Kirov Region
12/02/2014 to
15/04/2020
6 year(s) and 2 month(s) and 4 day(s)
2.7 m²
no ventilation, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of requisite medical assistance, centralized radio in brigade, poor quality of food, lack of privacy for toilet
12,300
7911/18
30/01/2018
Aleksey Sergeyevich BYANKIN
1985
IK-2 Zabaykalskiy Region
04/09/2016
pending
More than 6 year(s) and 2 month(s) and 25 day(s)
150 inmate(s)
2 m²
overcrowding, no or restricted access to warm water, no or restricted access to shower, lack of fresh air, lack of or restricted access to leisure or educational activities, lack of privacy for toilet
12,500
10839/18
12/02/2018
Aleksandr Vladimirovich USPENSKIY
1987
IK-5 Ivanovo Region
01/07/2013 to
27/02/2018
4 year(s) and 7 month(s) and 27 day(s)
105 inmate(s)
2.9 m²
5 toilet(s)
overcrowding, passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to shower, lack of privacy for toilet, inadequate temperature, lack of fresh air
5,300
11705/18
14/02/2018
Mikhail Valeryevich KUZNETSOV
1970
IK-5 Krasnoyarsk Region
01/12/2009 to
02/07/2021
11 year(s) and 7 month(s) and 2 day(s)
150 inmate(s)
3 m²
6 toilet(s)
overcrowding, lack of fresh air, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower
12,500
13956/18
07/05/2018
Andrey Mikhaylovich KUZNETSOV
1971
IK-5 Krasnoyarsk Region
19/02/2014 to
01/10/2018
4 year(s) and 7 month(s) and 13 day(s)
100 inmate(s)
3.3 m²
4 toilet(s)
lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of warm clothes
6,300
14026/18
12/02/2018
and
14051/18
01/03/2018
Maksim Viktorovich GRIGORYEV
1978
IK-5 Krasnoyarsk Region
01/07/2016 to
16/01/2018
1 year(s) and 6 month(s) and 16 day(s)
IK-5 Krasnoyarsk Region
17/11/2018 to
25/04/2019
5 month(s) and 9 day(s)
180 inmate(s)
4 m²
7 toilet(s)
140 inmate(s)
3 m²
8 toilet(s)
no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, inadequate clothing
lack of or inadequate hygienic facilities, lack of or insufficient electric light, no or restricted access to toilet, overcrowding
2,900
15724/18
14/03/2018
Nachyn Danilovich IRGIT-OOL
1981
IK-5 Krasnoyarsk Region
09/01/2018
pending
More than 4 year(s) and 10 month(s) and 22 day(s)
70 inmate(s)
3.35 m²
4 toilet(s)
no or restricted access to toilet, lack or inadequate furniture, lack of or restricted access to leisure or educational activities
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - 09/01/2018 - pending; in brigade no. 13 IK‑5 Krasnoyarsk Region;
opposite-sex operators; detention in different cells with video surveillance
12,500
17929/18
28/03/2018
Sergey Fedorovich BORONIN
1989
IK-5 Ivanovo Region
01/07/2015 to
07/06/2018
2 year(s) and 11 month(s) and 7 day(s)
108 inmate(s)
2.8 m²
4 toilet(s)
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, passive smoking, overcrowding, sharing cells with inmates infected with contagious disease
5,800
27003/18
14/05/2018
Elmar Anerbekovich ISALIYEV
1995
IK-5 Kirov Region
18/09/2017 to
07/07/2018
9 month(s) and 20 day(s)
105 inmate(s)
2.4 m²
7 toilet(s)
overcrowding, leaking roof, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food, lack of fresh air, mouldy or dirty cell, insufficient number of toilets and wash basins, no or restricted access to warm water
4,400
27813/18
28/05/2018
Maksim Sergeyevich YERSHOV
1992
IK-11 Nizhniy Novgorod Region
31/07/2017 to
22/12/2021
4 year(s) and 4 month(s) and 23 day(s)
120 inmate(s)
2 m²
overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, mouldy or dirty cell
12,500
40660/18
06/08/2018
Andrey Vladimirovich PUGACHEV
1982
IK-8 Komi Republic
08/08/2014 to
11/09/2022
8 year(s) and 1 month(s) and 4 day(s)
140 inmate(s)
2–2.5 m²
5 toilet(s)
overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell, no or restricted access to warm water, lack of or inadequate hygienic facilities, scarce surface of the walking ward, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, lack of or insufficient electric light, lack of or restricted access to leisure or educational activities, inadequate temperature, lack of or no ventilation, lack of natural light, lack of or inadequate furniture
12,500
59425/18
04/03/2019
Denis Valeryevich IVANOV
1985
IK-2 Zabaykalskiy Region
27/04/2018
pending
More than 4 year(s) and 7 month(s) and 2 day(s)
100 inmate(s)
2.7 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient natural light, inadequate temperature, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, no or restricted access to warm water.
12,500
[1] Plus any tax that may be chargeable to the applicants.