CASE OF PELIN v. RUSSIA

THIRD SECTION

CASE OF PELIN v. RUSSIA

(Application no. 11108/23)

JUDGMENT

STRASBOURG

18 July 2024

This judgment is final but it may be subject to editorial revision.

In the case of Pelin v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Ioannis Ktistakis, President,
 Oddný Mjöll Arnardóttir,
 Diana Kovatcheva, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 27 June 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 25 February 2023.

2.  The Russian Government (“the Government”) were given notice of the application.

THE FACTS

3.  The applicant’s details and information relevant to the application are set out in the appended table.

4.  The applicant complained of the inadequate conditions of detention in a remand prison.

THE LAW

5.  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 application (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).

6.  The applicant complained of the inadequate conditions of his detention. He relied on Article 3 of the Convention.

7.  The Court notes that the applicant was kept in detention in poor conditions. The details of the applicant’s 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, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012).

8.  In the leading case of Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012, the Court already found a violation in respect of issues similar to those in the present case.

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 applicant’s conditions of detention were inadequate.

10.  This complaint is therefore admissible and discloses a breach of Article 3 of the Convention.

11.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Ananyev and Others, cited above, § 172), the Court considers it reasonable to award the sum indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a)  that the respondent State is to pay the applicant, within three months, the amount 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 amount 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 18 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Ioannis Ktistakis

 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

[1] Plus any tax that may be chargeable to the applicants.