THIRD SECTION
CASE OF KOMAROV AND OTHERS v. RUSSIA
(Applications nos. 59242/19 and 50 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Komarov 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 30 May 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 proceedings against them. 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 CONVENTION on account of confinement in a metal cage in the courtroom7. The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal proceedings against them. They relied on Article 3 of the Convention.
Some applicants also complained that they had not had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention.
8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial. 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, no. 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.
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 (taking also into account the three-month extension introduced by decision of the President of the Court in 2020 as a consequence of the lockdown imposed in France on account of the COVID‑19 pandemic (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022) 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 amounted to degrading treatment.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 13 of the Convention (for similar approach 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 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, §§ 103‑08, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect).
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Vorontsov and Others, cited above), the Court considers that the finding of a violation in application no. 3457/21 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 finds 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 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 on account of the applicants’ placement in a metal cage before the court during the criminal proceedings against them;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 it is not necessary to deal separately with the applicants’ complaints under Article 13 of the Convention related to the lack of an effective domestic remedy to complain about placement in a metal cage in courtrooms;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. 3457/21;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 period plus three percentage points.
Done in English, and notified in writing on 4 July 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 or
date of the relevant period
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
59242/19
01/08/2019
Aleksandr Dmitriyevich KOMAROV
1992
Vyborgskiy District Court of St Petersburg
05/03/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - van; applicant transported on numerous occasions between the detention facility and the courthouse from 06/04/2018 to 05/03/2019; 0.4 sq. m. of personal space; lack of fresh air, lack of or insufficient electric light, inadequate temperature, no or restricted access to potable water, overcrowding, passive smoking, restricted access to toilet during lengthy trips
8,500
59284/19
16/10/2019
Vladimir Vasilyevich RUSYAYEV
1957
Kalininskiy District Court of St Petersburg (metal cages during court hearings in person);
St Petersburg City Court (video link from SIZO-1, St Petersburg)
24/09/2019
7,500
60946/19
28/01/2020
Roman Gennadyevich TROFIMOV
1980
Tsentralnyy District Court of Krasnoyarsk;
Krasnoyarsk Regional Court;
Zheleznodorozhnyy District Court of Krasnoyarsk
25/09/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions within the pending criminal proceedings since 04/07/2017; 0.3 sq. m of personal space; no or restricted access to toilet, no or restricted access to potable water, inadequate temperature
8,500
62669/19
14/11/2019
Yevgeniy Yuryevich PETRUNIN
1973
Minusinsk Town Court
24/05/2019
7,500
62937/19
04/02/2020
Aleksandr Yevgenyevich DATSIY
1988
Sverdlovskiy District Court of Krasnoyarsk
04/09/2019
7,500
64329/19
09/12/2019
Dmitriy Yevgenyevich ZHIDKIKH
1977
Omskiy District Court of the Omsk Region
21/06/2019
7,500
65268/19
25/11/2019
Ivan Yuryevich LAGONSKIY
1994
Vtorushina Olga Aleksandrovna
Tyumen
Khanty-Mansiyskiy District Court
08/08/2019
7,500
489/20
24/01/2020
Igor Vladimirovich ZLOBIN
1989
Primorskiy District Court of St Petersburg
02/12/2019
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by van between the detention facility and the courthouse since 07/09/2019 and on-going; 0.3 sq. m of personal space; no or restricted access to toilet, no or restricted access to potable water, overcrowding, inadequate temperature, lack of or insufficient natural light, lack of fresh air
8,500
1601/20
19/12/2019
Bair Budazhapovich DAMDINOV
1978
Aginskiy District Court of the Zabaykalskiy Region
03/07/2019
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions between the detention facility and the courthouse from 13/12/2018 to 03/07/2019, 0.25 sq. m. of personal space; inadequate temperature, passive smoking, lack of fresh air, overcrowding
8,500
1655/20
10/12/2019
Yevgeniy Yuryevich IVANOV
1974
Berezovskiy District Court of the Krasnoyarsk Region
12/07/2019
7,500
2421/20
23/12/2019
Vladimir Vladimirovich SAFYANOV
1991
Vorkuta Town Court
01/07/2019
7,500
2708/20
11/12/2019
Dmitriy Viktorovich KOCHETKOV
1982
Miller Irina Vladimirovna
Kansk
Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
(by way of video conference)
15/08/2019
7,500
3966/20
21/12/2019
Aleksey Dmitriyevich AMIROV
1989
Krasnogvardeyskiy District Court of St Petersburg
24/06/2019
Art. 3 - inadequate conditions of detention during transport - in prison vans and transit cells on numerous occasions to take part in court hearings or investigative actions; from 30/03/2016 to 24/06/2019; overcrowding, poor quality of food
3,200
6540/20
26/12/2019
Denis Fedorovich KYULYAN
1988
Vorkuta Town Court of the Komi Republic
01/07/2019
Art. 3 - inadequate conditions of detention during transport - in van and transit cells, from 20/09/2018 to 01/07/2019, on numerous occasions, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, passive smoking;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
6771/20
03/01/2020
Alisher Yakheyevich DZHURAYEV
1989
Golets Yevgeniya Sergeyevna
Moscow
Surgut Town Court
25/07/2019
7,500
6829/20
22/01/2020
Aleksandr Konstantinovich KOZLOV
1987
Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court (video link from SIZO-1, Chelyabinsk Region)
09/10/2019
7,500
7001/20
09/01/2020
Artem Sergeyevich ZOLOTUKHIN
1991
Naberezhnyye Chelny Town Court
04/12/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from the detention facility to the courthouse between 06/11/2016 and 04/12/2019; 0.3 sq. m. of personal space; overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, handcuffing during transport, lack of safety belts, no or restricted access to toilet
8,500
7794/20
21/01/2020
Andrey Nikolayevich BREUS
1966
Golets Yevgeniya Sergeyevna
Moscow
Tyulmenskiy District Court of the Altay Region; Altay Regional Court (video link from SIZO-1, Altay Region)
30/08/2019
7,500
8537/20
28/01/2020
Yevgeniy Nikolayevich IVANOV
1989
Miller Irina Vladimirovna
Kansk
Mogocha District Court (in a courtroom);
Zabaykalskiy Regional Court (video link from SIZO-1 Chita)
20/08/2019
7,500
8753/20
31/12/2019
Anton Igorevich KUZMIN
1994
Vorkuta Town Court of the Komi Republic
01/07/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van from the detention facility to the courthouse on numerous occasions from 20/09/2018 to 01/07/2019; 0.3. sq. m. of personal space; overcrowding; lack of fresh air, inadequate temperature
8,500
9116/20
28/01/2020
Valeriy Ivanovich MOKSHIN
1971
Novosibirsk Regional Court; Supreme Court of Russia
01/08/2019
7,500
9621/20
01/02/2020
Alfred Vayazovich BASHIROV
1968
Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court
12/12/2019
7,500
12253/20
20/02/2020
Rakhmatillo Razivoyevich SHARIPOV
1999
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Surgut Town Court
27/09/2019
7,500
12272/20
20/02/2020
Takhir Ganir ogly AKHMEDOV
1970
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Leninskiy District Court of Tyumen
25/09/2019
7,500
12917/20
26/02/2020
Pavel Aleksandrovich IGNATOV
1988
Justice of the Peace of the Krasnozatonskiy Judicial Circuit of Syktyvkar, Komi Republic
29/08/2019
7,500
14130/20
17/02/2020
Viktor Andreyevich SORVACHEV
1988
Justice of the Peace of the Kuratovskiy Judicial Circuit of Syktyvkar, Komi Republic
13/11/2019
7,500
14599/20
20/02/2020
Ruslan Dmitriyevich ISIMBAYEV
1989
Berezovskiy District Court of the Khanty-Mansiysk Autonomous Region - Yugra
30/10/2019
7,500
15105/20
02/03/2020
Sergey Sergeyevich BABURA
1981
Krasnoyarsk Regional Court
05/09/2019
7,500
15458/20
13/03/2020
Yevgeniy Anatolyevich BEREZHNOV
1969
Polonskiy Aleksandr Viktorovich
Volgograd
Kamyshyn Town Court of the Volgograd Region
06/02/2020
7,500
17760/20
26/03/2020
Ivan Vasilyevich MELNIK
1983
Isayev Ayndi Khamzatovich
Krasnoyarsk
Bolshemurtinskiy District Court of the Krasnoyarsk Region
03/02/2020
7,500
18413/20
28/03/2020
Ivan Sergeyevich KHNYKIN
1983
Nizhnevartovsk Town Court of the Khanty-Mansiysk Autonomous Region - Yugra
30/09/2019
7,500
19438/20
18/03/2020
Rustam Ablulla ogly BABAYEV
1997
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Tsentralnyy District Court of Tyumen
28/11/2019
7,500
20495/20
26/02/2020
Bair Gurozhapovich TSYDENOV
1988
Miller Irina Vladimirovna
Kansk
Aginskiy District Court of the Zabaykalskiy Region; Zabaykalskiy Regional Court
Zabaykalskiy Regional Court; Video link from SIZO-1, Zabaykalsk Region
22/10/2019
7,500
20616/20
24/04/2020
Artem Andreyevich BIZIN
1993
Justice of the Peace of the Vorshagor Judicial Circuit of Vorkuta; Vorkuta Town Court of the Komi Republic
04/12/2019
7,500
24099/20
19/05/2020
Andrey Nikolayevich STRAKHOV
1981
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Tsentralnyy District Court of Tyumen
04/03/2020
7,500
28225/20
01/06/2020
Sergey Nikolayevich RYABOV
1959
Kopayeva Yuta Yuryevna
Nizhniy Tagil
Sverdlovsk Regional Court
22/10/2019
7,500
28313/20
02/04/2020
Nikolay Viktorovich KOLESNIKOV
1994
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Tsentralnyy District Court of Tyumen
19/11/2019
7,500
28510/20
13/05/2020
Sergey Mazitovich TUKTAGULOV
1977
Golubenko Andrey Yevgenyevich
Nea Skiony
Dzerzhinskiy District Court of Orenburg
18/05/2020
7,500
30230/20
16/06/2020
Roman Sergeyevich TARABUKIN
1982
Lyubimkin Sergey Ivanovich
Nizhniy Novgorod
Moscow City Court
Video link from SIZO-4, Moscow
16/12/2019
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions between the detention facility and the courthouse from 13/06/2019 to 16/12/2019; 0.1 sq. m. of personal space; lack of fresh air, inadequate temperature, lack of or insufficient electric light
8,500
31837/20
11/07/2020
Artur Ambartsumovich FALKIN
1991
Petrov Roman Nikolayevich
Cheboksary
Moskovskiy District Court of Cheboksary
Supreme Court of the Chuvashia Republic
Video link from IK-9, Chuvashia Republic
27/05/2020
7,500
41383/20
27/08/2020
Sergey Sergeyevich TITOV
1985
Isayev Ayndi Khamzatovich
Krasnoyarsk
Zheleznodorozhnyy District Court of Krasnoyarsk
27/02/2020
7,500
46827/20
06/10/2020
Yelena Valeryevna LYUTOROVICH
1979
Polonskiy Aleksandr Viktorovich
Volgograd
Voroshilovskiy District Court of Volgograd, Tsentralnyy District Court of Volgograd
23/09/2020
7,500
51427/20
06/11/2020
Roman Nikolayevich DARUSHIN
1979
Perevozchikov Andrey Vladimirovich
Yaroslavl
Uglichskiy District Court of the Yaroslavl Region
18/10/2020
7,500
53686/20
11/11/2020
Yuriy Vitalyevich ALNYKIN
1980
Isayev Ayndi Khamzatovich
Krasnoyarsk
Krasnoyarsk Town Court
26/08/2020
7,500
53687/20
11/11/2020
Igor Viktorovich KOZHELENISTOV
1975
Isayev Ayndi Khamzatovich
Krasnoyarsk
Krasnoyarsk Town Court
19/08/2020
7,500
53688/20
11/11/2020
Andrey Sergeyevich KOKIN
1988
Isayev Ayndi Khamzatovich
Krasnoyarsk
Krasnoyarsk Town Court
18/08/2020
7,500
53689/20
11/11/2020
Roman Sergeyevich RUMYANTSEV
1992
Zhdanov Vladimir Viktorovich
Krasnoyarsk
Tsentralnyy District Court of Krasnoyarsk
12/08/2020
7,500
55614/20
24/11/2020
Nurali Saidaliyevich MUKHTOROV
1989
Isayev Ayndi Khamzatovich
Krasnoyarsk
Oktyabrskiy District Court of Krasnoyarsk
29/07/2020
7,500
2242/21
24/11/2020
Maksim Sergeyevich SAMODELOV
1982
Suslova Irina Aleksandrovna
Vyborg
Krasnogvardeyskiy District Court of St Petersburg, St Petersburg City Court
08/06/2020
7,500
3457/21
07/12/2020
Aleksandr Yevgenyevich YEFIMOV
1958
Kuzminykh Konstantin Sergeyevich
St Petersburg
Vsevolzhsk Town Court of the Leningrad Region
25/06/2020
The finding of a violation constitutes sufficient just satisfaction.
52099/21
08/10/2021
Sergey Vasilyevich MALYGIN
1973
Krikun Leonid Leonidovich
St Petersburg
Segezha Town Court of Karelia Republic
09/07/2021
7,500
[1] Plus any tax that may be chargeable to the applicants.