FIRST SECTION
CASE OF KLIMOV AND OTHERS v. RUSSIA
(Applications nos. 37487/19 and 34 others –
see appended list)
JUDGMENT
STRASBOURG
7 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Klimov 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 8 February 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 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.
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 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. Some applicants 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 violations of the Convention in the light of its well‑established case-law (see Idalov v. Russia [GC], no. 5826/03, §§ 103‑108, 22 May 2012, concerning conditions of transport of detainees, Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning the lack of an effective remedy for a complaint about inadequate conditions during transport; and Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention).
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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 that the finding of a violation in application no. 40729/19 will constitute in itself sufficient just satisfaction (see Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022). It further considers it reasonable to award the sums indicated in the appended table to the remaining applicants.
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 the facts that took place before 16 September 2022; Declares the applications admissible;Holds that these applications 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 the well-established case-law of the Court (see the appended table);Holds that the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant in application no. 40729/19;Holds(a) that the respondent State is to pay the remaining 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 7 March 2024, 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
Representative’s name and location
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]
37487/19
28/06/2019
Aleksandr Viktorovich KLIMOV
1983
IK-11 Nizhniy Novgorod Region
01/06/2016, pending as of 16/09/2022
6 year(s) and 3 month(s) and 16 day(s)
120 inmate(s)
1.7 m²
6 toilet(s)
8 sinks, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, overcrowding, warm seasonal clothing not provided, no ventilation, lack or inadequate furniture, mouldy or dirty cell
12,500
37703/19
05/11/2019
Aleksey Anatolyevich KAPLIN
1978
IK-8 Tatarstan Republic
20/06/2012 to
16/09/2022
10 year(s) and 2 month(s) and 28 day(s)
200 inmate(s)
4 toilet(s)
no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37710/19
10/10/2019
Andrey Leonidovich MISHARIN
1983
IK-11 Nizhniy Novgorod Region
11/03/2019 to
22/04/2019
1 month(s) and 12 day(s)
120 inmate(s)
<3 m²
7 toilet(s)
lack of fresh air, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food, overcrowding
1,400
37848/19
03/07/2019
Badokhir Akhmedovich ADIZOV
1977
Tsypyshev Roman Nikolayevich
Krasnoyarsk
IK-3 Ryazan Region
01/01/2010, pending as of 16/09/2022
12 year(s) and 8 month(s) and 16 day(s)
1 m²
overcrowding, no or restricted access to toilet, inadequate temperature, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37862/19
03/07/2019
Dmitriy Sergeyevich DENISOV
1983
Tsypyshev Roman Nikolayevich
Krasnoyarsk
IK-3 Ryazan Region
01/12/2010, pending as of 16/09/2022
11 year(s) and 9 month(s) and 16 day(s)
1 m²
overcrowding, no or restricted access to toilet, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37864/19
03/07/2019
Tyulyugen Barkkaliyevich ARESTANOV
1986
Tsypyshev Roman Nikolayevich
Krasnoyarsk
IK-3 Ryazan Region
01/01/2012, pending as of 16/09/2022
10 year(s) and 8 month(s) and 16 day(s)
1.2 m²
overcrowding, lack of fresh air, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37867/19
03/07/2019
Oleg Alekseyevich PETRIKEYEV
1970
Tsypyshev Roman Nikolayevich
Krasnoyarsk
IK-3 Ryazan Region
05/10/2010, pending as of 16/09/2022
11 year(s) and 11 month(s) and 12 day(s)
1 m²
overcrowding, lack of fresh air, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
38080/19
26/06/2019
Anatoliy Aleksandrovich PUKHOMELIN
1984
IK-37 Perm Region
27/08/2018, pending as of 16/09/2022
4 year(s) and 21 day(s)
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
38362/19
09/07/2019
Dmitriy Viktorovich KAMSHILIN
1975
IK-11 Nizhniy Novgorod Region
20/10/2016, pending as of 16/09/2022
5 year(s) and 10 month(s) and 28 day(s)
160 inmate(s)
1.5 m²
4 toilet(s)
sharing cells with inmates infected with contagious disease, overcrowding, no ventilation, 6 sinks, poor quality of food, exercise yard of 100 sq. m
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
38767/19
03/07/2019
Sergey Aleksandrovich POSEMCHUK
1983
IK-5 Krasnoyarsk Region
09/02/2018, pending as of 16/09/2022
4 year(s) and 7 month(s) and 8 day(s)
2.3 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, overcrowding, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transport by van and train, and detention in a transit cell from 20/05/2019 to 30/05/2019, extreme lack of space; restricted access to toilet and potable water; transport in a single-occupancy
13,500
40481/19
15/07/2019
Ruslan Vladimirovich SORVACHEV
1980
IK-1 Komi Republic
21/05/2018, pending as of 16/09/2022
4 year(s) and 3 month(s) and 27 day(s)
300 inmate(s)
<2 m²
6 toilet(s)
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
40521/19
20/01/2019
Sergey Khalilyevich YAKOVICH
1982
Zlomnov Mikhail Andreyevich
St Petersburg
IK-8 Komi Republic
10/08/2018, pending as of 16/09/2022
4 year(s) and 1 month(s) and 7 day(s)
1.4 m²
lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, lack of fresh air, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, bunk beds, no ventilation, lack of toiletries, lack of privacy for toilet, lack of privacy in shower, lack or insufficient quantity of food, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
40537/19
10/07/2019
Aleksey Vladilenovich IVLEV
1980
IK-8 Komi Republic
15/10/2015, pending as of
16/09/2022
6 year(s) and 11 month(s) and 2 day(s)
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
40729/19
11/07/2019
Stanislav Pavlovich KLIMENKO
1991
Petrosyan Lusine Radikovna
Stavropol
IK-8 Bashkortostan Republic
18/10/2016,
pending as of
16/09/2022
5 year(s) and 10 month(s) and 29 day(s)
<2 m²
overcrowding, poor quality of food, inadequate temperature
The finding of a violation will constitute a sufficient just satisfaction
40902/19
28/11/2019
Dmitriy Mikhaylovich RUKAVISHNIKOV
1990
IK-11 Nizhniy Novgorod Region
12/11/2018, pending as of 16/09/2022
3 year(s) and 10 month(s) and 5 day(s)
1.5 m²
infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, no or restricted access to warm water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
41046/19
20/03/2019
Dmitriy Aleksandrovich SHCHEBNEV
1986
IK-11 Nizhniy Novgorod Region
29/08/2016, pending as of 16/09/2022
6 year(s) and 19 day(s)
130 inmate(s)
1-1.5 m²
6 toilet(s)
overcrowding, bunk beds, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
41452/19
29/04/2019
Turikhan Magomedovich SULEYMANOV
1991
IK-5 Kirov Region
26/10/2017 to
23/07/2019
1 year(s) and 8 month(s) and 28 day(s)
100 inmate(s)
3 m²
7 toilet(s)
no or restricted access to shower, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
5,800
41630/19
18/07/2019
Mikhail Dmitriyevich KLIMASHIN
1965
IK-6 Chuvashia Republic
10/03/2014 to
21/06/2019
5 year(s) and 3 month(s) and 12 day(s)
100 inmate(s)
2 m²
4 toilet(s)
lack of privacy for toilet, overcrowding, no or restricted access to warm water, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
5,000
41700/19
22/07/2019
Maksim Viktorovich AFANASYEV
1979
IK-3 Ryazan Region
23/05/2016, pending as of 16/09/2022
6 year(s) and 3 month(s) and 25 day(s)
<2 m²
8 toilet(s)
sharing cells with inmates infected with contagious disease, poor quality of food, lack of or insufficient electric light, infestation of cell with insects/rodents, no or restricted access to warm water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
42073/19
28/07/2019
Lada Gennadyevna OGORODNIKOVA
1969
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-8 and IK-3 Kostroma Region
25/10/2017, pending as of 16/09/2022
4 year(s) and 10 month(s) and 23 day(s)
˂2 m²
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of food, lack of fresh air, lack of or insufficient physical exercise in fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
42209/19
16/07/2019
Valentin Sergeyevich ENNS
1988
IK-5 Mordovia Republic
07/04/2014 to
19/04/2019
5 year(s) and 13 day(s)
2.3 m²
no or restricted access to toilet, lack of fresh air, no or restricted access to warm water, poor quality of food, infestation of cell with insects/rodents
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - train, transit cell, van; 19/04‑18/05/2019; 0.4-3 sq. m of personal space; insufficient number of sleeping places, lack of fresh air, no or restricted access to shower, no or restricted access to toilet, passive smoking
6,000
42429/19
26/07/2019
Viktor Alekseyevich KOSENKOV
1995
IK-7 Nizhniy Novgorod Region
10/05/2018 to
26/02/2019
9 month(s) and 17 day(s)
80 inmate(s)
2.1-2.4 m²
4 toilet(s)
overcrowding, insufficient number of toilets and wash basins, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, inadequate clothing allowance
4,400
42486/19
22/07/2019
Karen Maisovich OGANESYAN
1966
IK-8 Komi Republic
16/06/2014, pending as of 16/09/2022
8 year(s) and 3 month(s) and 1 day(s)
<1.2 m²
bunk beds, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food, poor quality of potable water, lack or insufficient quantity of food, lack of seasonal clothes
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
43031/19
26/07/2019
Denis Nikolayevich POLUTIN
1984
Saratovskaya Nataliya Petrovna
Cheboksary
IK-6 Chuvashia Republic
18/07/2018 to
26/06/2019
11 month(s) and 9 day(s)
100 inmate(s)
2 m²
4 toilet(s)
bunk beds, lack of or insufficient electric light, lack of fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
5,000
43342/19
29/07/2019
Andrey Eduardovich KRAPOTKIN
1992
IK-11 Nizhniy Novgorod Region
11/10/2018, pending as of 16/09/2022
3 year(s) and 11 month(s) and 6 day(s)
80 inmate(s)
1.8 m²
overcrowding, bunk beds, no or restricted access to potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, poor quality of food
12,500
43477/19
05/08/2019
Roman Sergeyevich KROTOV
1978
IK-5 Kirov Region
20/11/2018, pending as of
16/09/2022
3 year(s) and 9 month(s) and 28 day(s)
104 inmate(s)
2.1 m²
no or restricted access to shower, overcrowding, lack of or poor quality of bedding and bed linen, poor quality of food
12,500
43778/19
08/08/2019
Roman Anatolyevich NOVGORODSKIY
1974
IK-6 Orenburg Region
29/01/2001 to
12/02/2019
18 year(s) and 15 day(s)
2 m²
lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, handcuffing, sharing cells with inmates infected with contagious disease, lack or inadequate furniture
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
5,000
44144/19
05/08/2019
Aleksandr Vitalyevich ZAVOROKHIN
1974
IK-5 Kirov Region
12/12/2017, pending as of 16/09/2022
4 year(s) and 9 month(s) and 5 day(s)
104 inmate(s)
2.4 m²
7 toilet(s)
no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, mouldy or dirty cell, no ventilation, overcrowding, 10 sinks
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
44820/19
14/08/2019
Oleg Vyacheslavovich PERLOV
1979
IK-29 Kirov Region
13/03/2016, pending as of 16/09/2022
6 year(s) and 6 month(s) and 4 day(s)
16 inmate(s)
1.8 m²
overcrowding, no or restricted access to warm water, no or restricted access to shower, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
45069/19
08/08/2019
Andrey Sergeyevich KUZMIN
1987
IK-11 Nizhniy Novgorod Region
25/09/2017, pending as of 16/09/2022
4 year(s) and 11 month(s) and 23 day(s)
56 inmate(s)
1,6 m²
6 toilet(s)
overcrowding, bunk beds, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents
12,500
45361/19
05/08/2019
Anatoliy Grigoryevich RASHCHEKTAYEV
1990
Shirokov Oleg Valeryevich
Nizhniy Tagil
IK-10 Sverdlovsk Region
25/12/2018, pending as of 16/09/2022
3 year(s) and 8 month(s) and 23 day(s)
2 m²
lack of or inadequate hygienic facilities, overcrowding, poor quality of food, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
45496/19
08/10/2019
Igor Vasilyevich LATYSHEV
1988
Miller Irina Vladimirovna
Kansk
IK-7 Krasnoyarsk Region
27/11/2018, pending as of 16/09/2022
3 year(s) and 9 month(s) and 21 day(s)
180 inmate(s)
0.5 m²
overcrowding, infestation of cell with insects/rodents, lack of fresh air, inadequate temperature, no or restricted access to warm water, poor quality of potable water, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
45527/19
16/08/2019
Aleksandr Sergeyevich CHEPELEV
1985
IK-5 Kirov Region
10/04/2018 to
12/03/2019
11 month(s) and 3 day(s)
104 inmate(s)
2.5 m²
7 toilet(s)
overcrowding, passive smoking, insufficient number of toilets and wash basins, lack of privacy for toilet, no or restricted access to potable water, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of potable water
5,000
45603/19
06/11/2019
Aleksandr Viktorovich GAYEV
1991
IK-5 Krasnoyarsk Region
01/02/2017, pending as of 16/09/2022
5 year(s) and 7 month(s) and 16 day(s)
2.7 m²
lack of seasonal clothes, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
45918/19
30/07/2019
Vadim Vladimirovich KAVERIN
1974
IK-8 Bashkortostan Republic
25/06/2015, pending as of 16/09/2022
7 year(s) and 2 month(s) and 23 day(s)
1.9 m²
poor quality of food, lack or insufficient quantity of food, inadequate temperature, no or restricted access to warm water during summer, lack of or insufficient electric light, infestation of cell with insects/rodents, inadequate quantity of hygienic facilities, overcrowding
12,500
[1] Plus any tax that may be chargeable to the applicants.