FIRST SECTION
CASE OF KONSHIN AND OTHERS v. RUSSIA
(Applications nos. 37136/18 and 30 others –
see appended list)
JUDGMENT
STRASBOURG
26 October 2023
This judgment is final but it may be subject to editorial revision.
In the case of Konshin and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 5 October 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 dates indicated in the appended table.
2. The Russian 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 detention during their transport. Some applicants also raised complaints under other Convention provisions.
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.JURISDICTION
6. 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 CONVENTION
7. The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading case of Tomov and Others (cited above), 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 during their transport 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-LAW
12. The applicants whose names are listed in the appended table also complained under Article 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and under Article 3 about the use of metal cages in courtrooms. 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 findings in Tomov and Others (cited above, §§ 143-56) and Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), respectively.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, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 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;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 concerning the inadequate conditions of detention during transport;Holds that there have been violations of Article 3 of the Convention, and of Article 13 of the Convention, taken in conjunction with Article 3, in respect of the applicants who complained about their placement in a metal cage in courtrooms and about the lack of an effective domestic remedy to complain about poor conditions of detention during transport (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 26 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Means of transport
Start and end date
Sq. m per inmate
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]
37136/18
22/07/2018
Konstantin Vasilyevich KONSHIN
1976
train
25/01/2018 to
26/01/2018
0.2 m²
insufficient number of sleeping places, inadequate temperature, lack of or insufficient natural light, passive smoking, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37357/18
17/07/2018
Leonid Yevgenyevich FREYDMAN
1980
van, train
11/07/2018 to
12/07/2018
0.39 m²
insufficient number of sleeping places, lack of fresh air, passive smoking, lack or insufficient quantity of food, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37663/18
27/07/2018
Mikhail Mikhaylovich GRIGORYEV
1986
van, train
09/02/2018 to
10/02/2018
van, train
07/03/2018 to
07/03/2018
0.2-0.4 m²
0.2-0.4 m²
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, sleep deprivation, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37678/18
26/07/2018
Sergey Nikolayevich SMYKALOV
1991
van
31/01/2018 to
31/01/2018
van
20/02/2018 to
20/02/2018
0.36 m²
0.36 m²
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light
overcrowding, lack of fresh air, lack of or insufficient electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
40367/18
08/08/2018
Andrey Igorevich LEVCHENKO
1988
train
03/02/2018 to
07/03/2018
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, passive smoking, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
40485/18
08/07/2018
Igor Viktorovich KOROBOV
1988
train
13/01/2018 to
09/02/2018
0.4 m²
overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen
1,000
40763/18
06/08/2018
Aleksandr Vladimirovich BALASHIKHIN
1966
van, train
03/07/2018 to
04/07/2018
lack of or insufficient physical exercise in fresh air, passive smoking, overcrowding, poor quality of food, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
40777/18
30/07/2018
Aleksandr Vladimirovich KALOSHIN
1975
van, train
21/03/2018 to
22/03/2018
van, train
15/05/2018 to
15/05/2018
0.5 m²
0.5 m²
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, insufficient number of sleeping places
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, lack of or insufficient electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
41812/18
21/08/2018
Sergey Aleksandrovich SKRIPNIK
1987
train
23/07/2018 to
23/07/2018
overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water
1,000
41822/18
21/08/2018
Yevgeniy Gennadyevich NESTEROV
1983
train, van
15/08/2018 to
16/08/2018
0.2 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42085/18
26/08/2018
Artem Stanislavovich BEZRUKOV
1998
Ivan Severovich Sidorov
Moscow
van (11 trips to and from the Zelenogradskiy District Court and Moscow City Court)
05/10/2017 to
06/06/2018
overcrowding, passive smoking, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42309/18
27/08/2018
Ruslan Rinatovich GARIYEV
1980
van, train
07/08/2018 to
09/08/2018
inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food, poor quality of potable water
1,000
42402/18
23/08/2018
Andrey Vladimirovich MALYARENKO
1985
train, van
09/08/2017 to
27/07/2018
overcrowding, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42483/18
26/08/2018
Nikolay Dmitriyevich NIKITAYEV
1994
Ivan Severovich Sidorov
Moscow
van
since 09/11/2017;
most recent trip took place on 23/08/2018
0.3-0.5 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, passive smoking, no or restricted access to potable water
1,000
43753/18
28/08/2018
Yuriy Mikhaylovich PASKAL
1966
train, van
02/02/2018 to
01/03/2018
inadequate temperature, insufficient number of sleeping places, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to warm water, poor quality of potable water
1,000
44041/18
31/08/2018
Nikolay Gennadyevich PAVLOV
1982
van, train
03/07/2018 to
04/07/2018
<1 m²
inadequate temperature, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
44534/18
03/09/2018
Stefan Venkovich GORNICHAROV
1983
train
25/06/2018 to
27/06/2018
0.4 m²
lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
44748/18
05/09/2018
Sergey Petrovich ZHURAVLEV
1988
van, train
15/05/2018 to
15/05/2018
0.3 m²
overcrowding, no or restricted access to toilet, passive smoking, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
44926/18
07/09/2018
Igor Ivanovich KOSTYLEV
1988
van, train
17/05/2018 to
29/06/2018
0.1-0.7 m²
lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or insufficient electric light, passive smoking, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
45208/18
02/09/2018
Yuriy Mikhaylovich KETOV
1988
train
21/05/2018 to
23/05/2018
0.34 m²
lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, no or restricted access to toilet, lack of fresh air, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
45225/18
05/09/2018
Aleksandr Viktorovich SHATS
1975
train, van
15/03/2018 to
15/03/2018
overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to potable water, lack of fresh air, inadequate temperature, passive smoking, lack or inadequate furniture, no or restricted access to warm water, lack of or poor quality of bedding and bed linen
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
45230/18
12/09/2018
Oleg Anatolyevich PIKULEV
1966
train, van
07/08/2018 to
09/08/2018
train, van
27/09/2018 to
29/09/2018
0.4 m²
insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to running water, inadequate temperature, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
45717/18
29/08/2018
Oleg Vyacheslavovich TATKIN
1983
train, van
07/07/2018 to
07/07/2018
0.2 m²
overcrowding, no or restricted access to running water, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient electric light
1,000
46005/18
05/09/2018
Igor Sergeyevich SINICHKIN
1989
transit cell, van
22/09/2017 to
06/07/2018
overcrowding, lack or insufficient quantity of food, no or restricted access to potable water, lack of fresh air, passive smoking, sharing cells with inmates infected with contagious disease, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack or inadequate furniture
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage during hearings at the Noginsk Town Court and the Moscow Regional Court on at least 25 occasions between 22/09/2017 and 06/07/2018
8,500
46208/18
11/09/2018
Vladimir Olegovich BOGACHEV
1960
train
21/08/2018 to
22/08/2018
0.4 m²
overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46618/18
03/09/2018
Sergey Viktorovich AZARIKHIN
1981
train
17/05/2018 to
08/06/2018
0.3 m²
insufficient number of sleeping places, lack of fresh air, overcrowding, no or restricted access to warm water, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46622/18
04/09/2018
Roman Sergeyevich KETSKO
1986
transit cell, train
03/07/2018 to
04/07/2018
0.3 m²
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, constant electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46863/18
27/09/2018
Aleksandr Petrovich VOLKOV
1980
van, train
25/08/2018 to
25/08/2018
0.3 m²
lack of security belts, no or restricted access to potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet
1,000
46964/18
19/09/2018
Vitaliy Anatolyevich CHEREPANOV
1983
van, train
21/08/2018 to
21/08/2018
train, van
01/10/2018 to
01/10/2018
0.4-0.6 m²
0.3 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
47687/18
25/09/2018
Aleksey Vadimovich RUZHNIKOV
1991
train
02/08/2018 to
03/08/2018
lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
48041/18
17/09/2018
Eduard Anatolyevich LEVITSKIY
2018
train, van
11/07/2018 to
12/07/2018
insufficient number of sleeping places, overcrowding, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy