THIRD SECTION
CASE OF BUBNOV AND OTHERS v. RUSSIA
(Applications nos. 52138/17 and 8 others –
see appended list)
JUDGMENT
STRASBOURG
10 June 2021
This judgment is final but it may be subject to editorial revision.
In the case of Bubnov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 20 May 2021,
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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. Some applicants also raised other complaints under the provisions of the Convention.
THE LAWJOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.ALLEGED VIOLATION OF ARTICLE 8 of the Convention
6. The applicants complained of the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. They relied, expressly or in substance, on Article 8 of the Convention, which reads as follows:
“1. Everyone has the right to respect for his private ... life ... .
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
7. The Court has already established, in an earlier case against Russia, that the national legal framework governing the placement of detainees under permanent video surveillance in penal institutions falls short of the standards set out in Article 8 of the Convention (see Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). In Gorlov and Others, the Court summed up the general principles concerning the detainees’ right to respect for private life reiterating that placing a person under permanent video surveillance whilst in detention was to be regarded as a serious interference with the individual’s right to respect for his or her privacy (ibid., §§ 81-82). It has further concluded that the national law cannot be regarded as being sufficiently clear, precise or detailed to have afforded appropriate protection against arbitrary interference by the authorities with the detainees’ right to respect of their private life (ibid., §§ 97-98).
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 these complaints. It considers, regard being had to the case-law cited above, that in the instant case the placement of the applicants under permanent video surveillance when confined to their cells in pre-trial and post-conviction detention facilities was not “in accordance with law”.
9. These complaints are therefore admissible and disclose a breach of Article 8 of the Convention.OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
10. Some applicants also complained under Article 13 of the Convention about the absence of an effective domestic remedy to complain about permanent video surveillance in detention facilities (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 Article 13 of the Convention in the light of its well-established case-law (see Gorlov and Others, cited above, §§ 106-10).REMAINING COMPLAINTS
11. In application no. 1929/18, the applicant also raised a complaint under Article 3 of the Convention.
12. The Court has examined the application 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, this complaint do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.
It follows that this part of application no. 1929/18 must be rejected in accordance with Article 35 § 4 of the Convention.APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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.”
14. Regard being had to the documents in its possession and to its case-law (see, in particular, Gorlov and Others, cited above, § 120, with further references, which imposed on the respondent State a legal obligation, under Article 46 of the Convention, to implement, under the supervision of the Committee of Ministers, such measures as they consider appropriate to secure the right of the applicants and other persons in their position to respect of their private life), the Court considers that the finding of a violation constitutes a sufficient just satisfaction in the present case.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to join the applications;Declares the complaints concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of application no. 1929/18 inadmissible;Holds that these complaints disclose a breach of Article 8 of the Convention concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities;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 that the finding of a violation constitutes in itself sufficient just satisfaction.
Done in English, and notified in writing on 10 June 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Detention facility
Period of detention
Specific circumstances
Other complaints under
well-established case-law
52138/17
14/06/2017
Konstantin Viktorovich BUBNOV
1984
IZ-1 Khabarovsk Region
05/02/2015 -18/01/2017
opposite-sex operators
77557/17
13/09/2017
Aleksey Borisovich YEFANOV
1980
IK-34 Krasnoyarsk Region
from 19/12/2009 to 05/02/2019
opposite-sex operators
1929/18
25/08/2019
Vyacheslav Valeryevich DATSIK
1980
Fedorkov Andrey Aleksandrovich
St Petersburg
SIZO-1 St Petersburg
15/12/2017 - 26/02/2019
detention in different cells with video surveillance
15846/18
01/03/2018
Mikhail Anatolyevich SHCHERBININ
1985
IK-17 Krasnoyarsk Region
17/10/2013 - 11/10/2017
detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -
20488/18
14/07/2020
Andrey Viktorovich LOZHKIN
1985
IZ-1 Sverdlovsk Region,
IK-6 Khabarovsk Region
from 05/01/2018 to 10/01/2018
pending as of 01/02/2018 (IK-6)
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -
49312/18
02/10/2018
Vitaliy Sergeyevich VLASKIN
1984
IK-34 Krasnoyarsk Region
17/05/2017 - pending
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -
25061/20
19/05/2020
Vladimir Alekseyevich ALEKSEYEV
1999
IK-31 Komi Republic
26/12/2019 - pending
opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -
27107/20
01/06/2020
Nikolay Nikolayevich GORBUNOV
1966
IK-21 Arkhangelsk Region
25/04/2020 - 20/05/2020 (detention in a disciplinary cell)
17/06/2020 - 02/07/2020 (detention in a disciplinary cell)
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -
36184/20
29/07/2020
Umrbek Durdiyevich IBRAGIMOV
1992
IK-6 Khabarovsk Region
26/09/2017 - pending
Full & Egal Universal Law Academy