SECOND SECTION
CASE OF MIKHAYLOV AND OTHERS v. RUSSIA
(Applications nos. 27315/19 and 50 others –
see appended list)
JUDGMENT
STRASBOURG
1 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Mikhaylov and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 11 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 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, 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 had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention, which reads 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 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, 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.
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 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-LAW122. 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 Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning inadequate conditions of post-conviction detention; 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 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 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(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 1 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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
Start date
End date
Other complaints under well-established case-law
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
27315/19
20/06/2019
Vladimir Aleksandrovich MIKHAYLOV
1976
Ingodinskiy District Court of Chita
08/02/2019
07/10/2018
08/02/2019
Art. 3 - inadequate conditions of detention during transport - single-prisoner cubicles in police vans between 07/10/2018 and 08/02/2019, 0.6 sq. m per person, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, passive smoking
8,500
28465/19
06/11/2019
Nikita Vitalyevich TURKIN
1990
Abakan Town Court of the Khakassia Republic
12/07/2019
04/06/2019
12/07/2019
Art. 3 - inadequate conditions of detention during transport - transit cell, from 04/06/2019 to 12/07/2019, overcrowding, 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
8,500
29171/19
18/05/2019
Eldar Igorevich PENKO
1991
Petrov Roman Nikolayevich
Cheboksary
Odintsovo Town Court
28/11/2018
Moscow Regional Court
22/01/2019
18/12/2017
22/01/2019
28/11/2018
22/01/2019
7,500
29442/19
16/05/2019
Roman Yevgenyevich DORMIDONTOV
1990
Petrov Roman Nikolayevich
Cheboksary
Kanavinskiy District Court of Nizhniy Novgorod
25/03/2019
06/03/2019
25/03/2019
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, transit cell, on a number of occasions from 10/08/2018 to 25/03/2019, inadequate temperature, no or restricted access to potable water, lack of or insufficient natural light, uncomfortable position during transfers in view of a small size of transport "glass"/ bio-toilet, no or restricted access to toilet
8,500
29578/19
24/08/2019
Andrey Aleksandrovich MARTUS
1986
Sverdlovskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk
04/04/2019
12/12/2018
04/04/2019
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, multiple roundtrips from SIZO-1 Krasnoyarsk to the Sovetskiy District Court of Krasnoyarsk, between11/12/2018 and 29/10/2019, overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, no or restricted access to potable water, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light
8,500
30234/19
13/05/2019
Vitaliy Gennadyevich USKOV
1972
Volgograd Regional Court
17/04/2019
17/04/2019
17/04/2019
7,500
30333/19
23/05/2019
Sergey Aleksandrovich KUPAVTSEV
1989
Oktyabrskiy District Court of Barnaul Rubtsovsk Town Court
11/01/2019
26/10/2017
11/01/2019
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 - transport by van from the detention facility to take part in investigative actions or to attend court hearings; numerous occasions of transport, overcrowding, inadequate temperature; from 26/10/2017 to 11/01/2019
8,500
31290/19
27/05/2019
Roman Petrovich PAVLENKO
1989
Vizinga District Court
19/02/2019
22/02/2019
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport from SIZO-1 Syktyvkar to Vizinga District Court, van; from 15/06/2018 to 22/02/2019; single-occupancy cubicle, lack of fresh air, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet
8,500
32738/19
04/06/2019
Aleksandr Aleksandrovich SRIBNYY
1987
Koneva Nina Filippovna
Khanty-Mansiysk
Nizhnevartovsk Town Court of Khanty-Mansy Autonomous Region - Yugra
21/03/2019
29/07/2018
21/03/2019
7,500
32743/19
03/06/2019
German Romayevich SHOKUYEV
1993
Egle Denis Sergeyevich
Krasnoyarsk
Zheleznodorozhnyy District Court of Chita; Zabaykalskiy Regional Court
22/07/2015
31/01/2019
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 - transport by van on a number of occasions between the detention facility and the courthouse from 22/07/2015 to 31/01/2019; 0.25 sq. m of personal space; restricted access to toilet
8,500
32848/19
31/05/2019
Ivan Vladimirovich MAKARENKO
2000
Surgut Town Court
31/01/2019
24/10/2018
31/01/2019
7,500
33397/19
08/06/2019
Sergey Nikolayevich KOZIN
1983
Kolomna Town Court of the Moscow Region
11/12/2018
07/08/2017
11/12/2018
7,500
33786/19
06/06/2019
Sergey Andreyevich KANEV
1993
Ezhvinskiy District Court of Syktyvkar of the Komi Republic
10/12/2018
19/07/2018
10/12/2018
7,500
34252/19
17/06/2019
Mikhail Yevgenyevich NIKONOV
1976
Petrov Roman Nikolayevich
Cheboksary
Moskovskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court
20/03/2019
16/10/2018
20/03/2019
7,500
36560/19
08/07/2019
Yevgeniy Anatolyevich VERESOV
1982
Petrozavodsk Town Court
Segezha Town Court of the Karelia Republic
17/06/2019
26/06/2019
17/06/2019
02/07/2019
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 - train, on a number of occasions between 13/05/2019 and 12/06/2019; overcrowding; passive smoking, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet
8,500
36617/19
27/06/2019
Sergey Vladimirovich KONOVALOV
1995
Shirokov Oleg Valeryevich
Nizhniy Tagil
Novouralsk Town Court of Sverdlovsk Region, Sverdlovsk Regional Court
22/03/2019
18/12/2018
22/03/2019
7,500
38517/19
08/07/2019
Andrey Andreyevich TYUKAVKIN
1984
Priargunsk District Court of the Zabaykalskiy Region
14/02/2019
11/10/2018
14/02/2019
7,500
39298/19
08/07/2019
Alina Sergeyevna KONDRASHOVA
1997
Ezhvinskiy District Court of Syktyvkar
29/05/2019
09/02/2018
29/05/2019
7,500
39530/19
20/11/2019
Pavel Andreyevich BAKSHEYEV
1990
Oktyabrskiy District Court of Krasnoyarsk
29/08/2019
27/12/2018
29/08/2019
7,500
40349/19
14/07/2019
Nikita Valeryevich YARMOLENKO
1998
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Surgut Town Court
22/04/2019
14/09/2018
22/04/2019
7,500
40350/19
14/07/2019
Ilya Stanislavovich KALINOV
1996
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Surgut Town Court
22/04/2019
14/09/2018
22/04/2019
7,500
40871/19
18/07/2019
Ramis Zinatullovich ALLAGULOV
1988
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Tobolsk District Court of the Tyumen Region
25/03/2019
30/10/2018
25/03/2019
7,500
41491/19
09/07/2019
Aris Nugzariyevich BARATOV
1988
Tsentralnyy District Court of Tyumen
26/02/2019
30/11/2018
26/02/2019
7,500
41833/19
22/07/2019
Vladislav Vitalyevich SUGAKO
1995
Petrov Roman Nikolayevich
Cheboksary
Tsentralnyy District Court of Samara
19/03/2019
05/12/2018
19/03/2019
7,500
43787/19
11/10/2019
Yevgeniy Borisovich YEROFEYEV
1988
Pokhvistnevskiy District Court
19/07/2019
19/07/2019
19/07/2019
7,500
44230/19
15/01/2020
Aleksey Igorevich BUSHKOVSKIY
1972
Belinskaya Marina Aleksandrovna
St Petersburg
Gatchina Town Cout of the Leningrad Region; Leningrad Regional Court; St Petersburg City Court
10/11/2016
03/10/2019
7,500
44644/19
26/07/2019
Oleg Vladimirovich MAYEV
1964
Petrov Roman Nikolayevich
Cheboksary
Prikubanskiy District Court of Krasnodar
31/01/2019
21/09/2017
31/01/2019
7,500
45179/19
06/08/2019
Aleksandr Sergeyevich ZHARIKOV
1989
Vorkuta Town Court
18/07/2019
07/12/2018
18/07/2019
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 - train, from 29/05/2019 to 13/07/2019, 0.4 sq. m of personal space, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, not provided with warm meals, passive smoking, no ventilation, inadequate temperature, no or restricted access to toilet
8,500
45388/19
13/08/2019
Svetlana Yevgenyevna MORAVSKAYA
1973
Sapov Yevgeniy Yuryevich
Samara
Oktyabrskiy District Court of Samara
15/11/2018
17/08/2019
7,500
45896/19
15/08/2019
Aleksandr Gennadyevich MAKARUSHKIN
1972
Shirokov Oleg Valeryevich
Nizhniy Tagil
Verkhnesaldinskiy District Court of Verkhnyaya Salda;
Sverdlovsk Regional Court
19/02/2019
23/08/2018
19/02/2019
7,500
46542/19
20/08/2019
Vladimir Vladimirovich KATKOV
1992
Shirokov Oleg Valeryevich
Nizhniy Tagil
Serovskiy District Court of the Sverdlovsk Region; Sverdlovsk Regional Court
18/06/2019
22/11/2018
18/06/2019
7,500
47372/19
20/08/2019
Vitaliy Vladimirovich KATKOV
1989
Shirokov Oleg Valeryevich
Nizhniy Tagil
Serovskiy District Court of the Sverdlovsk Region; Sverdlovsk Regional Court (by way of videoconference)
18/06/2019
12/10/2018
18/06/2019
7,500
47573/19
07/08/2019
Viktor Nikolayevich RADOV
1980
Ezhvinskiy District Court of Syktyvkar
29/04/2019
29/04/2019
29/04/2019
Art. 3 - inadequate conditions of detention during transport - train, from 07/05/2019 to 08/05/2019, overcrowding, insufficient number of sleeping places,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
47997/19
22/10/2019
Vitaliy Vladimirovich SERBAYEV
1971
Tsentralnyy District Court of Krasnoyarsk, Leninskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
09/10/2017
23/04/2019
7,500
48197/19
29/08/2019
Roman Sergeyevich RUSSKIKH
1992
Lesosibirsk Town Court of the Krasnoyarsk Region
26/03/2019
11/10/2018
26/03/2019
7,500
48600/19
26/08/2019
Dmitriy Aleksandrovich LOGUNOV
1984
Ezhvinskiy District Court of Syktyvkar, Komi Republic
05/06/2019
05/06/2019
05/06/2019
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 – single-occupancy compartment in a van from 05/06/2019 to 16/09/2019; lack of space; 0.35 sq. m of personal space
8,500
48909/19
04/08/2019
Vladimir Vladimirovich GORAK
2000
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Surgut Town Court
04/03/2019
28/12/2018
04/03/2019
7,500
48952/19
30/09/2019
Artem Yuryevich ALEKSANDROV
1987
Oktyabrskiy District Court of Krasnoyarsk
07/03/2019
29/07/2019
7,500
49638/19
09/09/2019
Yelena Nikolayevna VOLKOVA
1989
Perm Regional Court (by means of video link from settlement colony no. 26 Perm Region)
17/09/2019
21/03/2019
17/09/2019
7,500
50042/19
12/09/2019
Sergey Aleksandrovich PURGIN
1986
Berezovskiy District Court of the Krasnoyarsk Region
12/07/2019
27/04/2018
12/07/2019
7,500
52530/19
28/01/2020
Ruslan Nikolayevich SHATKO
1988
Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court (by way of video conference from a metal cage in the detention facility)
12/11/2019
08/01/2019
12/11/2019
7,500
52822/19
19/09/2019
Sergey Aleksandrovich PISHCHUK
1968
Novosibirsk District Court of the Novosibirsk Region, Novosibirsk Regional Court,
Tsentralnyy District Court of Novosibirsk
21/08/2019
26/05/2017
21/08/2019
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 - inhuman conditions in vans in single‑occupancy compartments of 0.3 sq. m and in convoy cells between 26/05/2017 -16/09/2019, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no ventilation, lack or inadequate furniture, passive smoking
8,500
54228/19
02/10/2019
Artem Viktorovich SALTANOV
1975
Matytsin Igor Viktorovich
Krasnoyarsk
Sverdlovskiy District Court of Krasnoyarsk
26/04/2019
25/02/2019
26/04/2019
7,500
55222/19
02/10/2019
Yuriy Aleksandrovich ANDREYEV
1976
Oktyabrskiy District Court of Krasnoyarsk
13/06/2019
23/01/2019
13/06/2019
7,500
55503/19
07/10/2019
Dmitriy Yuryevich ZEMLYANUKHIN
1973
Justice of the Peace, Gornyatskiy District, Vorkuta
20/05/2019
17/04/2019
20/05/2019
Art. 3 - inadequate conditions of detention during transport - train, from 29/07/2019 to 31/07/2019, lack of fresh air, insufficient number of sleeping places, no or restricted access to potable water, overcrowding, poor quality of potable water, no or restricted access to toilet, lack of ventilation;
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 after conviction - in IK-19 Komi Republic, 31/07/2019, pending as of 16/09/2022; 2 sq. m. of personal space; lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, constant electric light, lack of or insufficient physical exercise in fresh air, poor quality of food, poor quality of potable water, overcrowding, no or restricted access to warm water, no or restricted access to shower
15,100
55530/19
12/10/2019
Igor Vladimirovich MAZHARA
1990
Sergeyeva Yelizaveta Alekseyevna
Tyumen
Surgut Town Court
15/04/2019
29/08/2018
15/04/2019
7,500
55743/19
08/10/2019
Pavel Alekseyevich YEREMEYEV
1992
Petrov Roman Nikolayevich
Cheboksary
Moscovskiy District Court of Cheboksary;
Video link from SIZO-1, Chuvashia Republic
21/05/2019
Supreme Court of the Chuvashia Republic;
Video link from SIZO-1, Chuvashia Republic
30/07/2019
01/04/2019
30/07/2019
21/05/2019
30/07/2019
7,500
55904/19
12/10/2019
Aleksey Igorevich NASTALSKIY
1989
Megion Town Court of the Khanty-Many Autonomous Region - Yugra
01/07/2019
06/07/2018
01/07/2019
7,500
56851/19
21/10/2019
Ilya Dmitriyevich SOLOVAROV
1994
Shirokov Oleg Valeryevich
Nizhniy Tagil
Serovskiy District Court of the Sverdlovsk Region, Sverdlovsk Regional Court
21/05/2019
04/05/2018
21/05/2019
7,500
58396/19
06/02/2020
Vyacheslav Vyacheslavovich KUZNETSOV
1997
Isayev Ayndi Khamzatovich
Krasnoyarsk
Krasnoyarsk Regional Court, Sovetskiy District Court of Krasnoyarsk
07/10/2019
06/08/2019
07/10/2019
Art. 3 - inadequate conditions of detention during transport - van and detention in a convoy cell at the Krasnoyarsk Regional Court between 06/08/2019 and 17/12/2019 with 0.2 sq. m per inmate, inadequate temperature, overcrowding, no ventilation, mouldy or dirty cell, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, lack or insufficient quantity of food
8,500
58699/19
02/12/2019
Anton Valeryevich VNUKOV
1998
Tsentralnyy District Court of Krasnoyarsk; Zheleznodorozhnyy District Court of Krasnoyarsk
21/09/2018
06/09/2019
7,500
[1] Plus any tax that may be chargeable to the applicants.