FIRST SECTION
CASE OF NAZAROV AND OTHERS v. RUSSIA
(Applications nos. 23242/20 and 49 others –
see appended list)
JUDGMENT
STRASBOURG
12 September 2024
This judgment is final but it may be subject to editorial revision.
In the case of Nazarov 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 11 July 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 ARTICLE 3 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.
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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID‑related extension of the period in question), 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.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. 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 Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 114-56, 9 April 2019, concerning conditions of detention during transport and the lack of an effective remedy in that respect).
REMAINING COMPLAINTS12. 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’ remaining complaints under Article 13 of the Convention (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
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 complaints under Article 3 of the Convention about the applicants’ placement in a meatal cage in the course of the criminal proceedings against them and other complaints raised under the well‑established case-law of the Court, as indicated in the attached table, admissible, and finds that there is no need to examine separately the remaining complaints about the lack of effective domestic remedies to complain about the use of metal cages and other security arrangements in the courtrooms under Article 13 of the Convention;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 well-established case-law of the Court (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 period plus three percentage points.
Done in English, and notified in writing on 12 September 2024, 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
(use of metal cages and/or other security arrangements in courtrooms)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Name of the court
Date of the relevant judgment/End date of the placement in a metal cage
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
23242/20
12/05/2020
Yevgeniy Vladimirovich NAZAROV
1984
Lomonosovskiy District Court of Arkhangelsk
24/01/2020
7,500
23933/20
22/05/2020
Denis Aleksandrovich SADOVSKIY
1987
Tobolsk Town Court of the Tyumen Region
23/12/2019
7,500
24043/20
22/05/2020
Tynchtykbek Avazbekovich ZHOLBOLDUYEV
1984
Military Court of the Central Circuit
17/02/2020
7,500
24445/20
18/05/2020
Natalya Nikolayevna RAZUMNAYA
1981
Leninskiy District Court of Rostov-on-Don; Rostov Regional Court
In person at courts and via video link (location not specified)
27/04/2021
7,500
24700/20
08/06/2020
Ivan Yevgenyevich ONKOV
1983
Zheleznododrozhniy District Court of Krasnoyarsk (confinement in a metal cage during studying of a case-file)
23/12/2019
7,500
24827/20
29/05/2020
Oleg Radikovich GIMAZOV
1993
Novo-Savinovskiy Distric Court of Kazan, Tatarstan Republic
29/10/2019
7,500
25038/20
10/04/2020
Pavel Vitalyevich LUBENTSOV
1981
Detention in a metal cage on multiple occasions during the detention and trial hearings at the Frunzenskiy District Court of Saint Petersburg
29/06/2020
Art. 3 - inadequate conditions of detention during transport - transport between the remand prison and the Frunzenskiy District Court of St Petersburg on multiple occasions from 27/12/2018 to 29/06/2020 (0.2-0.3 sq. m per inmate, overcrowding, no individual seat); time of transfer from 2 to 4 hours;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
25417/20
18/05/2020
Gennadiy Vladimirovich RUSAKOV
1985
Pushkinskiy District Court of St Petersburg
On-going placement in a cage on the date when the application was lodged with the Court
Art. 3 - inadequate conditions of detention during transport - poor conditions of transport; since 10/07/2018 to 21/11/2019 between the detention facility and the courthouses; van and transit cell; 0.7 sq. m of personal space; overcrowding, lack of fresh air, no or restricted access to toilet
8,500
25425/20
16/04/2020
Dmitriy Andreyevich ZAZDRAVNOV
1986
Tsentralnyi District Court of Krasnoyarsk
22/11/2019
7,500
25721/20
19/03/2020
Mikhail Mikhaylovich KHOKHLOV
1980
Ezhvinskiy District Court of Syktyvkar of the Komi Republic
25/02/2020
7,500
25758/20
04/06/2020
Abror Akhralovich AZIMOV
1990
Detention in a glass cabin during the hearings held on multiple occasions in the courtroom of the First Western Circuit Military Court (0.3 sq. m of personal space)
10/12/2019
Art. 3 - inadequate conditions of detention during transport - van, numerous occasions of transport between the detention facility and the courthouse between 02/04/2019 and 10/12/2019; specific grievances: inadequate temperature, overcrowding (0.25 sq. m per inmate), no or restricted access to toilet, lack of fresh air
8,500
26061/20
15/10/2020
Sarkis Samvelovich VAGANYAN
1997
Sverdlovskiy District Court of Krasnoyarsk
On-going placement in a cage on the date when the application was lodged with the Court
7,500
26068/20
28/04/2020
Maksim Sergeyevich TSATNEV
1986
Oktyabrskiy and Lomonosovskiy District Courts of Arkhangelsk
On-going placement in a cage on the date when the application was lodged with the Court
7,500
26445/20
05/06/2020
Denis Aleksandrovich POPOV
1981
Kineshema Town Court of the Ivanovo Region, Ivanovo Regional Court
03/10/2019
7,500
26478/20
04/08/2020
Nikolay Maksimovich MEDVEDEV
1993
Kalininskiy District Court of Tumen
11/06/2020
7,500
26578/20
22/06/2020
Maksim Aleksandrovich PESHKOV
1981
Karymskiy District Court of the Zabaykalskiy Region; Zabaykalskiy Region Court
04/03/2020
7,500
26608/20
22/04/2020
Mikhail Alekseyevich PATYUKOV
2000
Oktyabrskiy District Court of Arkhangelsk, Arkhangelsk Town Court
21/01/2021
7,500
26649/20
16/04/2020
Aleksey Vladimirovich MESHCHERSKIY
1986
Tsentralniy District Court of Volgograd; Voroshilovskiy District Court of Volgograd; Volgograd Regional Court
On-going placement in a cage on the date when the application was lodged with the Court
7,500
26841/20
21/05/2020
Vasiliy Ivanovich LOBANOV
1985
Priluzskiy District Court of the Komi Republic
26/11/2019
Art. 3 - inadequate conditions of detention during transport - in prison trains on 07/11/2019, 08/11/2019, 17/11/2019 (bunk beds, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking, 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
8,500
26902/20
20/03/2020
Dmitriy Andreyevich VOLOZHENINOV
1985
Sosnogorsk Town Court
25/09/2019
7,500
27287/20
08/05/2020
Artur Rishatovich BASMANOV
1987
Supreme Court of Republic of Bashkortostan;
Supreme Court of the Russian Federation; Video link from SIZO-3, Republic of Bashkortostan
12/12/2019
7,500
28099/20
13/05/2020
Aleksandr Gennadyevich KOSTINEVICH
1966
Oktyabrskiy District Court of Krasnoyarsk
10/03/2020
7,500
28468/20
04/08/2020
Dmitriy Sergeyevich POLYAKOV
1979
Kirovskiy District Court of Krasnoyarsk; Sverdlovsk District Court of Krasnoyarsk
22/07/2020
7,500
28493/20
19/05/2020
Vladimir Sergeyevich KAZACHKOV
1991
Sovetskiy District Court of Vladivostok, Primorye Regional Court; Fifth Appeal Court of General Jurisdiction;
Fifth Appeal Court of General Jurisdiction; Video link from unspecified SIZO; 16/03/2020
7,500
28846/20
14/09/2020
Ilya Leonidovich GOLOVACH
1987
Inta Town Court of the Komi Republic
13/10/2020
7,500
29380/20
03/04/2020
Mark Yevgenyevich PANTYUKHIN
Zavodskoy District Court of Kemerovo
04/12/2019
7,500
29386/20
07/04/2020
Aleksandr Nikolyevich YEROSHEVICH
1973
Sovetskiy District Court of Khanty Mansiysk
18/09/2019
7,500
29387/20
02/04/2020
Nauris Sairovich DAVLETBAKOV
1972
Tsentralnyy District Court of Tyumen
20/12/2019
7,500
29390/20
02/04/2020
Aleksandr Vladislavovich IVANOV
1998
Tsentralnyy District Court of Tyumen
20/02/2020
7,500
30272/20
29/08/2020
Kirill Petrovich MORGACH
1985
Severodvinsk Town Court of Arkhangelsk Region
16/03/2020
7,500
30366/20
01/06/2020
Aleksey Nikolayevich SKVORTSOV
1979
Kirovskiy District Court of Novosibirsk, Novosibirsk Regional Court
On-going placement in a cage on the date when the application was lodged with the Court
7,500
30386/20
27/10/2020
Sergey Vladimirovich FISENKO
1974
Ukhta Town Court of the Komi Republic
30/12/2019
7,500
30570/20
17/04/2020
Ramis Railevich FAYZULLIN
1995
Naberezhnyye Chelny Town Court of the Republic of Tatarstan
02/12/2019
7,500
30690/20
23/06/2020
Roman Aleksandrovich LEBEDEV
1983
Zheleznodorozhnyy District, Tsentranyy District and Oktyabrskiy District Courts of Krasnoyarsk
23/12/2019
7,500
30950/20
17/06/2020
Aleksey Alekseyevich FROLENKO
1989
Military Court of the Vorkuta Garrison
30/12/2019
7,500
33579/20
20/07/2020
Sergey Stepanovich DERZHIPILSKIY
1996
Privolzhskiy Circuit Military Court
05/02/2020
7,500
33654/20
20/07/2020
Aleksandr Valeryevich IVANNIKOV
1990
Komsomolskiy District Court of the Khabarovsk Region and Fifth Appellate Court of Common Jurisdiction
21/01/2020
7,500
35504/20
21/07/2020
Denis Nikolayevich VLASOV
1980
Tsentralniy District Court of Tumen
02/03/2020
7,500
35682/20
21/07/2020
Denis Sergeyevich SPIRIDONOV
1977
Ezhvinsky District Court of Syktyvkar
22/07/2020
Art. 3 - inadequate conditions of detention during transport - transportation on numerous occasions between 28/03/2017 and 02/12/2020 (more than 100 times), 0.4 sq. m per person, inadequate furniture, no safety belts or other safety measures
8,500
35685/20
21/07/2020
Yuriy Yuryevich POLITOV
1966
Ezhvinskiy District Court of Syktyvkar
22/07/2020
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 between 15/10/2017 and 01/10/2020 on numerous occasions (120 transfers from 20 to 50 minutes)
8,500
35838/20
27/07/2020
Ilnar Ilyasovich ZYALILOV
1980
Privolzhskiy Circuit Military Court in the building of the Kazan Garrison Military Court
05/02/2020
7,500
36408/20
29/07/2020
Maksim Aleksandrovich KLYUKVIN
1978
Justice of the Peace of Vorkuta, Komi Republic
05/06/2020
7,500
36702/20
05/08/2020
Nikolay Vladimirovich KOCHETKOV
1990
Ezhvinskiy District Court of Syktyvkar
19/05/2020
7,500
36824/20
03/08/2020
Ilnaz Ravilovich SAFIULLIN
1986
Privolzhye Military Circuit Court
05/02/2020
7,500
37397/20
28/05/2020
Tatyana Sergeyevna SEZINA
1983
Tsivilskiy District Court of the Chuvashia Republic; Supreme Court of the Chuvashia Republic
26/02/2020
7,500
37706/20
20/07/2020
Maksim Vitalyevich ZAVALIN
1982
Frunzenskiy District Court of St Petersburg
18/03/2020
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by prison van between the detention facilities and the courthouse from 29/12/2017 to 18/03/2020; 0.4 sq. m of personal space; accommodation with inmates under stricter regime, applicant transported on numerous occasions, lack of fresh air, mouldy or dirty cell, sharing cells with inmates infected with contagious disease, passive smoking, overcrowding, no or restricted access to toilet
8,500
37709/20
21/07/2020
Yuriy Andreyevich ANDREYEV
1985
Vasileostrovskiy District Court of St Petersburg
09/04/2020
Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions by van between the detention facility and the courthouse from 04/07/2019 to 20/01/2020; overcrowding, no or restricted access to toilet, passive smoking
8,500
38790/20
08/08/2020
Pavel Vladimirovich ANDRAKHANOV
1980
Oktyabrskiy District Court of Krasnoyarsk
22/01/2020
7,500
40443/20
16/06/2020
Yuriy Nikolayevich VARNIKOV
1985
Arkhangelsk Regional Court (glass cabin, nine defendants were placed in the cabin)
The criminal proceedings were pending as of 16/09/2022
7,500
40998/20
27/08/2020
Yakov Yegorovich DAVYDOV
1974
Almetievsk Town Court of the Tatarstan Republic
30/07/2020
7,500
[1] Plus any tax that may be chargeable to the applicants.