THIRD SECTION
CASE OF KHARLAMOV AND OTHERS v. RUSSIA
(Applications nos. 31280/21 and 45 others –
see appended list)
JUDGMENT
STRASBOURG
8 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kharlamov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 18 January 2024,
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 about their confinement in a metal cage in the courtroom during the criminal and/or administrative proceedings to which they were parties. 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.
Jurisdiction6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION7. The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal and/or administrative proceedings to which they were parties. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Some applicants also complained that they had not been afforded an effective domestic remedy in respect of their grievances under Article 3, contrary to Article 13 of the Convention, reading as follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial and/or administrative proceedings to which they were a party. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, nos. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention. Similar finding was reached by the Court in respect of the practice of confinement of defendants in metal cages at remand prisons for the purposes of their participation in court hearings carried out via a video link (see Karachentsev v. Russia, no. 23229/11, §§ 50-54, 17 April 2018).
9. 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’ confinement in a metal cage before the court during the criminal proceedings against them and/or the administrative proceedings to which they were a party amounted to degrading treatment.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11. Having regard to its finding above, the Court does not consider it necessary to deal separately with the applicants’ complaints under Article 13 of the Convention (see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see 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.
13. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, related to inadequate conditions of transport; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, as regards lengthy and unjustified pre-trial detention; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, §§ 101-12, 4 July 2013, as regards ineligibility for convicted prisoners to vote in or stand for elections.
remaining complaints14. In application no. 36769/21 the applicant further complained under Articles 13 and 14 of the Convention in conjunction with Article 3 of Protocol No. 1 to the Convention. The Court has examined those complaints and considers that, in the light of all the material in its possession, they do not meet the admissibility criteria set out in Article 35 of the Convention. They must therefore be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION15. Regard being had to the documents in its possession, to its case‑law (see, in particular, Vorontsov and Others, cited above) and to the previous awards made by the Court in earlier cases (see Sashkov and Others v. Russia [Committee], nos. 31606/13 and 9 others, 30 November 2017), it considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;Declares the complaints under Article 3 of the Convention about the placement in a metal cage in the courtroom, and other complaints under the well-established case-law of the Court (as set out in the appended table), admissible and the remaining complaints in application no. 36769/21 inadmissible;Holds that these applications disclose a breach of Article 3 of the Convention on account of the applicants’ placement in a metal cage during court hearings;Holds that there has been a violation of the Convention and its Protocols as regards the other complaints raised under the well-established case-law of the Court (see appended table);Holds 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 placement in a metal cage during court hearings;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 period plus three percentage points.
Done in English, and notified in writing on 8 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(use of metal cages and/or other security arrangements in courtrooms)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the court
Date of the relevant judgment
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
31280/21
21/05/2021
Andrey Yuryevich KHARLAMOV
1979
Severodvinsk Town Court of the Arkhangelsk Region
24/11/2020
3,250
31509/21
21/05/2021
Aleksey Andreyevich ABRAMOV
1988
Berdsk Town Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)
25/11/2020
7,500
31580/21
04/10/2021
Aleksandr Sergeyevich ZIMAKIN
1988
Oktyabrskiy District Court of Krasnoyarsk
(proceedings pending on the date when the application was lodged with the Court)
7,500
31744/21
27/05/2021
Ivan Nikolayevich MIKHAYLOV
1980
Pskov Town Court, Pskov Regional Court (video link)
24/02/2021
7,500
31766/21
03/06/2021
Irina Vladislavovna TYUMENTSEVA
1972
Zheleznodorozhniy District Court of Samara, Samarskiy District Court of Samara, Samara Regional Court (video link)
03/12/2020
7,500
32139/21
01/06/2021
Vladislav Garunovich MASHUROV
1970
Suzdalskiy District Court of the Vladimir Region, Vladimir Regional Court
02/12/2020
7,500
32189/21
30/08/2021
Arat-ool Vasilyevich ARY
1993
Oktyabrskiy District Court of Krasnoyarsk
01/07/2021
7,500
32190/21
15/07/2021
Timur Minnezakiyevich KHASANSHIN
Kirovskiy District Court of Krasnoyarsk, Tsentralniy District Court of Krasnoyarsk
13/05/2021
7,500
32251/21
08/06/2021
Andrey Mikhaylovich IUS
1991
Novosibirskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)
15/12/2020
7,500
32724/21
04/06/2021
Roman Olegovich YAKIMOV
1982
Finashkin Andrey Yuryevich
Kursk
Zheleznogorsk Town Court of the Kursk Region
17/12/2020
7,500
32811/21
13/09/2021
Sergey Olegovich ABOLMASOV
1985
Sovetskiy District Court of Krasnoyarsk
(proceedings pending on the date when the application was lodged with the Court)
7,500
32824/21
01/06/2021
Olga Zurabovna SHCHEDRINA
1981
Finashkin Andrey Yuryevich
Kursk
Promyshlenniy District Court of Kursk
29/12/2020
7,500
32837/21
07/06/2021
Timur Arongulovich TEMIROV
1970
Amursk Town Court of the Khabarovsk Region
25/03/2021
7,500
32877/21
29/11/2021
Aleksandr Sergeyevich STEPANOV
1992
Achinsk Town Court of the Krasnoyarsk Region
(proceedings pending on the date when the application was lodged with the Court)
7,500
33064/21
31/05/2021
Vyacheslav Vladimirovich RUMYANTSEV
1985
Tsentralniy District Court of Krasnoyarsk
(proceedings pending on the date when the application was lodged with the Court)
7,500
33086/21
02/06/2021
Vladimir Yevgenyevich LISIN
1994
Polonskiy Aleksandr Viktorovich
Volgograd
Dzerzhinskiy District Court of Volgograd
(proceedings pending on the date when the application was lodged with the Court)
7,500
33101/21
11/06/2021
Aleksandr Sergeyevich RAZNOVAN
1988
Sverdlovskiy District Court of Kostroma, Belovo Town Court of the Kemerovo Region
(proceedings pending on the date when the application was lodged with the Court)
7,500
33358/21
02/06/2021
Konstantin Borisovich KLOPOTOVSKIY
1989
Finashkin Andrey Yuryevich
Kursk
Promyshlenniy District Court of Kursk
29/12/2020
7,500
33452/21
07/06/2021
Boris Zurabovich SICHINAVA
1979
Finashkin Andrey Yuryevich
Kursk
Promyshlenniy District Court of Kursk
29/12/2020
7,500
33850/21
08/06/2021
Aleksandr Yuryevich BRYANTSEV
1977
Basmanniy District Court of Moscow, Moscow City Court (video link)
24/05/2021
Art. 5 (3) - excessive length of pre-trial detention - Detention on remand from 02/04/2020 to 10/06/2021 in the absence of sufficient reasons aside from the gravity of the charges (punishable with over three years’ imprisonment)
9,750
34370/21
15/06/2021
Artur Vladimirovich TRUNOV
1975
Polonskiy Aleksandr Viktorovich
Volgograd
Voroshilovskiy District Court of Volgograd
09/06/2021
7,500
34550/21
10/06/2021
Gennadiy Mikhaylovich KAPICHNIKOV
1984
Oktyabrskiy District Court of Tambov
15/03/2021
7,500
34854/21
04/02/2021
Igor Vladimirovich YUSHKIN
1983
Volgograd Regional Court
17/09/2020
7,500
35133/21
22/06/2021
Kseniya Mikhaylovna KORSHUNOVA
1999
Polonskiy Aleksandr Viktorovich
Volgograd
Voroshilovskiy District Court of Volgograd, Tsentralniy District Court of Volgograd, Volgograd Regional Court
(proceedings pending on the date when the application was lodged with the Court)
7,500
35369/21
20/01/2022
Denis Grigoryevich SABUROV
1985
Tsentralniy District Court of Chita
16/09/2021
7,500
35432/21
23/06/2021
Kristina Olegovna PUTYATINA
1989
Polonskiy Aleksandr Viktorovich
Volgograd
Voroshilovskiy District Court of Volgograd, Tsentralniy District Court of Volgograd; Dzerzhinskiy District Court of Volgograd, Volgograd Regional Court
13/04/2021
7,500
36492/21
20/06/2021
Rafael Isameddin-ogly GEREYKHANOV
1977
Novosibirskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)
23/12/2020
7,500
36537/21
03/07/2021
(4 applicants)
Oleg Yuryevich VARFOLAMEYEV
1990
Ivan Sergeyevich BELOBORODOV
1984
Nikolay Vladimirovich ILYIN
1978
Dmitriy Anatolyevich KESLER
1966
Suslova Irina Aleksandrovna
Vyborg
Vyborg Town Court of the Leningrad Region
05/03/2021
7,500
36769/21
01/07/2021
Yevgeniy Vasilyevich GALINSKIY
1985
Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)
12/02/2021
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant, a convicted prisoner serving his sentence, was unable to vote in parliamentary elections (State Duma) in September 2021
7,500
37485/21
16/06/2021
Dmitriy Viktorovich KOSTYGOV
1981
Vologda Regional Court (video link)
13/05/2021
7,500
37691/21
28/06/2021
Dmitriy Vladimirovich OBUKHAN
1974
Dzerzhinskiy District Court of St Petersburg
(proceedings pending on the date when the application was lodged with the Court)
7,500
43409/21
14/08/2021
Dalgat Israpilovich GADZHIYEV
1981
Shukhardin Valeriy Vladimirovich
Moscow
Nizhniy Novgorod Regional Court (video link)
(proceedings pending on the date when the application was lodged with the Court)
7,500
43920/21
02/08/2021
Yevgeniy Gennadyevich DRUZHININ
1976
Kirovskiy District Court of Krasnoyarsk
24/02/2021
7,500
43921/21
02/08/2021
Dmitriy Borisovich KALININ
1981
Krasnoyarsk Regional Court
24/03/2021
7,500
44382/21
13/08/2021
Gor Saakovich ZOGRABYAN
1986
Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)
31/05/2021
7,500
49802/21
05/11/2021
Roman Sergeyevich SKRYABIN
1984
Cherepanovskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)
(proceedings pending on the date when the application was lodged with the Court)
7,500
14136/22
17/02/2022
Roman Ruslanovich DEREVENKO
1996
Gurenko Vitaliy Sergeyevich
Krasnoyarsk
Tsentralniy District Court of Krasnoyarsk
(proceedings pending on the date when the application was lodged with the Court)
7,500
14876/22
25/02/2022
Kirill Aleksandrovich YUSHIN
2005
Pervomayskiy District Court of Novosibirsk
25/08/2021
7,500
15083/22
02/03/2022
Nikolay Vladimirovich MOROZOV
1986
Syktyvkar Town Court of the Republic of Komi (video link)
(proceedings pending on the date when the application was lodged with the Court)
7,500
15431/22
04/03/2022
Ivan Mikhaylovich PLAMADYALA
1987
Justice of the Peace of the Petrozavodskiy Court Circuit of Syvtyrkar, the Republic of Komi
30/12/2021
7,500
15966/22
25/02/2022
Andrey Anatolyevich PROTASOV
1980
Kavkazkiy Nikolay Yuryevich
Moscow
Sixth Appellate Court of General Jurisdiction
26/08/2021
7,500
16182/22
02/03/2022
Stanislav Vyacheslavovich PINIGIN
1985
Yoshkar-Ola Town Court of the Republic of Mariy El, Supreme Court of the Republic of Mariy El, Sixth Appellate Court (video link)
18/01/2022
Art. 3 - inadequate conditions of detention during transport - transit cell - TPP-7 IK-19 Kazan from 23/09/2021 to 03/10/2021;
van on 3/10/2021 during 17 hours
train on 12/10/2021:
Specific grievances: applicant transported on numerous occasions, overcrowding, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient quantity of food, handcuffing during escort.
8,500
16386/22
09/03/2022
Ruslan Rodionovich KHAMATDINOV
1995
Drobyshev Oleg Petrovich
St Petersburg
Kalininskiy District Court of St Petersburg
19/11/2021
7,500
16581/22
03/03/2022
Roman Valeryevich MOROZOV
1980
Syktyvdinskiy District Court of the Republic of Komi
02/12/2021
7,500
17382/22
17/02/2022
Akhmad Ibodullokhodzhayevich SULTONOV
1983
Kalininsky District Court of St Petersburg, St Petersburg City Court (video link)
20/12/2021
7,500
18105/22
11/03/2022
Domennika Aleksandrovna BOYARINTSEVA
1982
Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)
20/09/2021
7,500
[1] Plus any tax that may be chargeable to the applicants.