FOURTH SECTION
CASE OF POLEZHAYEV AND OTHERS v. RUSSIA
(Applications nos. 59040/18 and 41 others –
see appended list)
JUDGMENT
STRASBOURG
11 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Polezhayev and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 30 November 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 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 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 ARTICLES 3 AND 13 OF THE CONVENTION ON ACCOUNT OF CONFINEMENT IN A METAL CAGE IN THE COURTROOM
7. 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 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, 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-LAW
12. 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 CONVENTION
13. 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 11 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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
Other complaints under well-established case-law
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
59040/18
26/11/2018
Sergey Vasilyevich POLEZHAYEV
1956
Isayev Ayndi Khamzatovich
Krasnoyarsk
Kansk Town Court of the Krasnoyarsk Region
28/06/2018
7,500
1646/19
02/12/2018
Sergey Viktorovich NIKITIN
1992
Shirokov Oleg Valeryevich
Nizhniy Tagil
Berezovsk Town Court of the Sverdlovsk Region
31/08/2018
Art. 3 - inadequate conditions of detention during transport - train, 10/10/2018‑12/10/2018, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food
8,500
3122/19
26/11/2018
Arsen Stepanovich DUKH
1999
Pechora Town Court
01/10/2018
Art. 3 - inadequate conditions of detention during transport - by train between 30/07/2018 and 18/12/2018); insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking
8,500
4028/19
04/01/2019
Aleksandr Yevgenyevich VERSHININ
1988
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
15/10/2018
7,500
4082/19
04/01/2019
Aleksandr Sergeyevich SKOKOV
1991
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
15/10/2018
7,500
4603/19
04/01/2019
Artur Ramizovich ALIYEV
1987
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
09/11/2018
7,500
4693/19
04/01/2019
Aleksandr Yuryevich MARTYNOV
1986
Vtorushin Nikolay Aleksandrovich
Tyumen
Tsentralnyy District Court of Tyumen
25/10/2018
7,500
4784/19
05/01/2019
Oleg Yuryevich MAMONOV
1972
Vtorushin Nikolay Aleksandrovich
Tyumen
Leninskiy District Court of Tyumen
05/09/2018
7,500
4886/19
04/01/2019
Anatoliy Valeryevich GURYANOV
1974
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
15/10/2018
7,500
4969/19
04/01/2019
Aleksandr Sergeyevich BASKAKOV
1989
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
15/08/2018
7,500
5143/19
24/12/2018
Sergey Romanovich MIKITIN
1975
Krasnoyarsk Regional Court
28/06/2018
7,500
5621/19
09/01/2019
Lada Aleksandrovna GALEYEVA
1987
Vtorushin Nikolay Aleksandrovich
Tyumen
Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
07/12/2018
7,500
5791/19
09/01/2019
Albert Denisovich RAKHMATULLIN
1990
Vtorushin Nikolay Aleksandrovich
Tyumen
Kirovskiy District Court of Kazan
11/07/2018
7,500
5873/19
09/01/2019
Irek Azgarovich SHAYKHULMARDANOV
1992
Vtorushin Nikolay Aleksandrovich
Tyumen
Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic
05/10/2018
7,500
6216/19
04/01/2019
Sergey Viktorovich VAGITOV
1974
Vtorushin Nikolay Aleksandrovich
Tyumen
Tobolsk Town Court of the Tyumen Region
23/10/2018
7,500
6227/19
28/12/2018
Aleksandr Yuryevich KOMAROV
1961
Chernyavskaya Andzhelika Viktorovna
Oktyabrskiy
Tsentralnyy District Court of Novosibirsk, Novosibirsk Regional Court
23/08/2018
7,500
6828/19
04/01/2019
Vitaliy Valentinovich KASHIRTSEV
1979
Vtorushin Nikolay Aleksandrovich
Tyumen
Neman Town Court of the Kaliningrad Region
08/11/2018
7,500
6957/19
08/01/2019
Fanis Gabbasovich NURULLIN
1965
Vtorushin Nikolay Aleksandrovich
Tyumen
Nizhnekamsk Town Court; Supreme Court of the Tatarstan Republic
18/12/2018
7,500
7757/19
23/01/2019
Dmitriy Liveryevich CHEREPANOV
1969
Balog Natalya Andreyevna
Krasnoyarsk
Tsentralnyy District Court of Krasnoyarsk; Krasnoyarsk Regional Court
also via video-link from SIZO-1 Krasnoyarsk
24/07/2018
7,500
10256/19
04/02/2019
Yekaterina Sergeyevna KHOMYAKOVA
1997
Surgut Town Court
05/10/2018
7,500
10670/19
28/01/2019
Anatoliy Sergeyevich GREBENYUK
1983
Surgut Town Court
27/08/2018
7,500
11561/19
28/01/2019
Aleksandr Vladimirovich ZHEMIS
1969
Supreme Court of the Komi Republic
09/11/2018
7,500
12663/19
30/01/2019
Nikolay Vasilyevich GORBUNOV
1988
Severodvinsk Town Court
20/02/2018,
pending as of 16/09/2022
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 13/11/2017 to 10/01/2019; lack of fresh air, overcrowding;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport
8,500
13496/19
16/02/2019
Artem Vasilyevich DEGEL
1991
Lukyanova Svetlana Anatolyevna
Khanty-Mansiysk
Pyt-Yakh Town Court of the Khanty-Mansy Region
18/12/2018
7,500
13781/19
14/02/2019
Edgar Rudinovich GABRIELYAN
1995
Sarmasin Damir Fazylzhanovich
Orsk
Leninskiy District Court of Orenburg
05/09/2018
7,500
13866/19
15/02/2019
Vladimir Sergeyevich BARSUKOV
1956
Kuzminykh Konstantin Sergeyevich
St Petersburg
Kuybyshevskiy District Court of St Petersburg
20/03/2019
7,500
14652/19
01/03/2019
Igor Anatolyevich KHRAMUSHIN
1970
Andreyev Denis Aleksandrovich
Samara
Zheleznodorozhnyy District Court of Samara, Samara District Court of Samara, Samara Regional Court (at the courthouse and via video link from the Cultural Centre of the Ministry of Interior of Samara and Department of Administration of Justice of Samara)
04/09/2018
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 27/06/2016 to 04/09/2018; no or restricted access to toilet, lack of or insufficient electric light, inadequate temperature, passive smoking;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport
8,500
16501/19
09/03/2019
Yuriy Olegovich GELETA
1999
Lukyanova Svetlana Anatolyevna
Khanty-Mansiysk
Surgut Town Court
20/09/2018
7,500
17018/19
18/03/2019
Denis Vladimirovich BAKHTIN
1993
Leninskiy District Court of Tyumen
14/11/2018
7,500
17130/19
20/02/2019
Rustam Fanizovich KARIMOV
1989
Lukyanova Svetlana Anatolyevna
Khanty-Mansiysk
Nefteyugansk District Court of the Khanty-Mansy Region
29/01/2019
7,500
17287/19
18/03/2019
Suleyman Dzhabbar ogly ABUZAROV
1967
Alekseyeva Natalya Vasilyevna
Krasnoyarsk
Oktyabrskiy District Court of Krasnoyarsk
25/09/2018
7,500
22964/19
11/03/2019
Konstantin Vladimirovich POTAPOV
1991
Oktyabrskiy District Court of Krasnoyarsk
08/10/2018
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 - numerous occasions of transport to take part in court hearings; starting since 31/03/2018, pending as of 16/09/2022; van; overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, mouldy or dirty cell
8,500
53160/19
16/10/2019
Andrey Vladimirovich CHECHUROV
1984
Sverdlovskiy District Court of Kostroma
24/07/2019
7,500
58697/19
17/03/2020
Denis Vladimirovich UTKIN
1993
Tsentralnyy District Court of Krasnoyarsk
19/09/2019
7,500
9961/20
04/02/2020
Roman Ayvarsovich MELLIS
1985
Supreme Court of the Komi Republic
Video link from SIZO-1, Syktyvkar
25/11/2019
7,500
14668/20
30/01/2020
Aleksey Borisovich YEGOSHIN
1973
Vorkuta Town Court of the Komi Republic
03/12/2019
7,500
15033/20
02/03/2020
Nikolay Elmanovich IBRAGIMOV
1984
Tsentralnyy District Court of Chita
29/10/2019
7,500
17223/20
23/03/2020
Anton Aleksandrovich AKSENOV
1992
Tsentralnyy District Court of Krasnoyarsk
17/12/2019
7,500
17225/20
20/03/2020
Dmitriy Ivanovich DYUKAREV
1978
Sverdlovskiy District Court of Krasnoyarsk
30/12/2019
Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between the detention facilities and the courthouse since 15/10/2019, pending as of 16/09/2022 and detention in convoy cells of the courthouse; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport
8,500
21928/20
29/04/2020
Murad Bayramovich KICHIYEV
1984
Geraskin Eduard Olegovich
Moscow
Vidnoye Town Court of the Moscow Region
21/01/2020
7,500
40477/20
17/08/2020
Igor Viktorovich PTUSHKO
1981
Kalyugin Igor Yuryevich
Stavropol
Ipatovskiy District Court of Stavropol Region
25/02/2020
7,500
41853/20
04/09/2020
Aleksandr Aleksandrovich ARDABYEV
1981
Isayev Ayndi Khamzatovich
Krasnoyarsk
Krasnoyarsk Regional Court
05/03/2020
7,500
[1] Plus any tax that may be chargeable to the applicants.
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