FOURTH SECTION
CASE OF PRONIN AND OTHERS v. RUSSIA
(Applications nos. 49321/18 and 32 others –
see appended list)
JUDGMENT
STRASBOURG
28 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Pronin 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 7 September 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 of the inadequate conditions of their detention. 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 CONVENTION7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ 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, 20 October 2016; Kudła v. Poland [GC], no. 30210/96, §§ 90‑94, ECHR 2000‑XI; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139‑65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36–40, 7 April 2005).
9. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, 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 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-LAW12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see 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, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 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; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 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 after conviction;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 during the default period plus three percentage points.
Done in English, and notified in writing on 28 September 2023, 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
(inadequate conditions of detention after conviction)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date
Duration
Inmates per brigade
Sq. m per inmate
Number of toilets per brigade
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]
49321/18
20/01/2019
Maksim Valeryevich PRONIN
1975
IK-25 Chelyabinsk Region
14/09/2017 to
19/12/2018
1 year(s) and 3 month(s) and 6 day(s)
IK-11 Nizhniy Novgorod Region
28/12/2018
pending as of 16/09/2022
3 year(s) and 8 month(s) and 20 day(s)
84 inmate(s)
6 toilet(s)
120 inmate(s)
overcrowding, lack or inadequate furniture, lack of fresh air, no or restricted access to toilet
lack of fresh air, overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
49444/18
24/09/2018
Pavel Nikolayevich PATSUKOV
1981
IK-25 Chelyabinsk Region
05/09/2017
pending as of 16/09/2022
5 year(s) and 12 day(s)
135 inmate(s)
1 m²
no or restricted access to toilet, lack of fresh air, lack of ventilation, lack of toiletries, twin beds
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
49533/18
08/10/2018
Alik Viktorovich KOZONOV
1987
IK-11 Nizhniy Novgorod Region
28/09/2015 to
pending as of 16/09/2022
6 year(s) and 11 month(s) and 20 day(s)
1.5 m²
lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, mouldy or dirty cell, lack or insufficient quantity of food, lack of requisite medical assistance
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
49679/18
17/09/2018
Aleksandr Olegovich VATUTIN
2018
IK-11 Nizhniy Novgorod Region
11/02/2017
pending as of 16/09/2022
5 year(s) and 7 month(s) and 6 day(s)
1.8 m²
lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to shower, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
49806/18
08/10/2018
Leonid Igorevich CHISTYAKOV
1992
IK-11 Nizhniy Novgorod Region
01/07/2018
pending as of 16/09/2022
4 year(s) and 2 month(s) and 16 day(s)
1.6 m²
lack or inadequate furniture, lack of or restricted access to leisure or educational activities, stench, lack of fresh air, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease, small courtyard, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
50089/18
11/10/2018
Aleksey Viktorovich REDKOUSOV
1971
IK-11 Nizhniy Novgorod Region
09/07/2018
pending as of 16/09/2022
4 year(s) and 2 month(s) and 8 day(s)
2 m²
no or restricted access to toilet, infestation of cell with insects/rodents, lack of fresh air, passive smoking, poor quality of food
Art. 3 - inadequate conditions of detention during transport - transport by van and train on 05/06/2018 - 06/06/2018; 0.4 sq. m of personal space; overcrowding; insufficient number of sleeping places; restricted access to toilet;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport
13,500
50734/18
10/10/2018
Valeriy Aleksandrovich KUDRIN
1989
IK-5 Krasnoyarsk Region
13/10/2017
pending as of 16/09/2022
4 year(s) and 11 month(s) and 4 day(s)
6 inmate(s)
2.34 m²
lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video-surveillance in IZ-1 Krasnoyarsk Region and IK-5 Krasnoyarsk Region, since 27/09/2017 - pending as of 16/09/2022, by opposite-sex operators
12,500
50767/18
28/11/2018
Yevgeniy Vitalyevich ALEKSEYEV
1992
OIK-36 IK-5 Krasnoyarsk Region
23/03/2018 to
12/07/2020
2 year(s) and 3 month(s) and 20 day(s)
2.3 m²
overcrowding, inadequate temperature, mouldy or dirty cell, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, no or restricted access to shower
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - in a train on 12/07/2020: insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to potable water, no food, overcrowding
10,100
51030/18
13/10/2018
Sergey Alekseyevich SHCHEGLOV
1976
IK-11 Nizhniy Novgorod Region
21/08/2017
pending as of 16/09/2022
5 year(s) and 27 day(s)
1.5-2 m²
lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, passive smoking, poor quality 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
12,500
51093/18
10/10/2018
Aleksandr Iskhakovich IZMAYLOV
1963
IK-5 Krasnoyarsk Region
14/09/2016 to
09/08/2019
2 year(s) and 10 month(s) and 27 day(s)
140 inmate(s)
2.2 m²
4 toilet(s)
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or restricted access to leisure or educational activities, obligatory everyday outdoor physical morning exercises
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
7,500
51114/18
05/10/2018
Aleksandr Anatolyevich YEFIMOV
1986
IK-5 Krasnoyarsk Region
12/03/2015 to
31/05/2019
4 year(s) and 2 month(s) and 20 day(s)
135 inmate(s)
2 m²
4 toilet(s)
overcrowding, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
7,000
51166/18
05/10/2018
Aslan Vladimirovich MASHUKOV
1985
IK-25 Chelyabinsk Region
27/09/2017 to
14/11/2019
2 year(s) and 1 month(s) and 19 day(s)
135 inmate(s)
2 m²
8 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, sharing cells with inmates infected with contagious disease, lack of toiletries
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
8,500
51177/18
17/09/2018
Temur Ibadullovich SAODATOV
1987
IK-5 Krasnoyarsk Region
28/10/2014
pending as of 16/09/2022
7 year(s) and 10 month(s) and 20 day(s)
2 m²
no or restricted access to running water, no or restricted access to toilet, poor quality of food, incomplete provision with clothes, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
51189/18
09/10/2018
Dmitriy Robertovich MAYUROV
1988
OIK-36 IK-5 Krasnoyarsk Region
05/06/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 12 day(s)
26 inmate(s)
2.4 m²
4 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
51190/18
07/09/2018
Andrey Yevgenyevich POPOV
1985
OIK-36 IK-5 Krasnoyarsk Region
31/07/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 17 day(s)
3 m²
no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
51224/18
12/01/2019
Andrey Gennadyevich AFANASYEV
1973
IK-3 St Petersburg
26/07/2018
pending as of 16/09/2022
4 year(s) and 1 month(s) and 22 day(s)
285 inmate(s)
9 toilet(s)
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
51302/18
18/10/2018
Yevgeniy Yuryevich SOKOLOV
1987
Solovyev Igor Anatolyevich
Rzhev
IK-11 Nizhniy Novgorod Region
06/10/2014
pending as of 16/09/2022
7 year(s) and 11 month(s) and 11 day(s)
1.7-1.9 m²
twin beds, lack of ventilation, no or restricted access to toilet, poor quality of food, no windows
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
51415/18
10/10/2018
Aleksandr Sergeyevich NEFEDOV
1983
Prozorov Artem Andreyevich
Furmanov
IK-11 Nizhniy Novgorod Region
13/10/2017
pending as of 16/09/2022
4 year(s) and 11 month(s) and 4 day(s)
70 inmate(s)
1.8 m²
5 toilet(s)
lack of or insufficient natural light, lack of privacy for toilet, poor quality of food, lack of outfit, lack of fresh air, lack of ventilation, lack of time for eating
12,500
51772/18
05/09/2018
Viktor Nikolayevich TENITSKIY
1970
IK-5 Krasnoyarsk Region
12/10/2015
pending as of 16/09/2022
6 year(s) and 11 month(s) and 5 day(s)
100 inmate(s)
4 m²
3 toilet(s)
lack of fresh air, lack of or insufficient electric light, poor quality of food, lack of or insufficient physical exercise in fresh air, overcrowding, lack of privacy for toilet, lack of or inadequate hygienic facilities
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells in IK-5 Krasnoyarsk Region with video surveillance by opposite sex operators, since 12/10/2015, pending as of 16/09/2022
12,500
52058/18
17/10/2018
Artur Mukhamedovich SIZHAZHEV
1989
IK-5 Kirov Region
20/06/2017 to
28/02/2019
1 year(s) and 8 month(s) and 9 day(s)
105 inmate(s)
2.4 m²
overcrowding, no or restricted access to shower, poor quality of food, lack of requisite medical assistance
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
6,300
52111/18
18/10/2018
Edgar Erikovich MYAGI
1990
IK-11 Nizhniy Novgorod Region
01/04/2018
pending as of 16/09/2022
4 year(s) and 5 month(s) and 16 day(s)
120 inmate(s)
1.6 m²
overcrowding, narrow passages in the cell, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
52308/18
24/10/2018
Ivan Anatolyevich IVANOV
1989
IK-11 Nizhniy Novgorod Region
14/06/2016
pending as of 16/09/2022
6 year(s) and 3 month(s) and 3 day(s)
1.65 m²
overcrowding, lack of or insufficient physical exercise in fresh air, no or restricted access to shower
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
52647/18
18/10/2018
(3 applicants)
Vyacheslav Dzhenistonovich ZHADOV
1970
Aleksey Leonidovich TSIVILEV
1975
Sergey Yevgenyevich MURZINOV
1963
IK-25 Chelyabinsk Region (Murzinov)
01/08/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 16 day(s)
IK-25 Chelyabinsk Region (Zhadov)
03/10/2017
pending as of 16/09/2022
4 year(s) and 11 month(s) and 14 day(s)
IK-25 Chelyabinsk Region (Tsivilyov)
18/10/2017
pending as of 16/09/2022
4 year(s) and 10 month(s) and 30 day(s)
1.2 m²
9 toilet(s)
1.2 m²
9 toilet(s)
1.2 m²
9 toilet(s)
overcrowding, no or restricted access to toilet, no or restricted access to running water
overcrowding, no or restricted access to toilet, no or restricted access to running water
overcrowding, no or restricted access to toilet, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500,
to each of the applicants
52669/18
18/10/2018
Aleksandr Gennadyevich UZHEGOV
1972
IK-25 Chelyabinsk Region
18/10/2017
pending as of 16/09/2022
4 year(s) and 10 month(s) and 30 day(s)
1.2 m²
9 toilet(s)
overcrowding, no or restricted access to running water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
52933/18
26/10/2018
Aleksandr Oskarovich LOGANOVSKIY
1990
IK-5 Krasnoyarsk Region
10/08/2018
pending as of 16/09/2022
4 year(s) and 1 month(s) and 7 day(s)
115 inmate(s)
2.7 m²
5 toilet(s)
overcrowding, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to shower
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
52943/18
17/10/2018
Pavel Vladimirovich ZAPLATKIN
1981
OIK-36 IK-5 Krasnoyarsk Region
14/04/2014 to
21/05/2020
6 year(s) and 1 month(s) and 8 day(s)
165 inmate(s)
2 m²
3 toilet(s)
no or restricted access to toilet, lack of privacy for toilet, lack of or inadequate hygienic facilities, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
10,000
53002/18
23/10/2018
Igor Petrovich BOROVKOV
1977
KP-31 Krasnoyarsk Region
19/10/2017 to
29/04/2018
6 month(s) and 11 day(s)
150 inmate(s)
3 m²
8 toilet(s)
lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
3,300
53141/18
06/02/2019
Yegor Yuryevich SHALAYEV
1978
IK-25 Chelyabinsk Region
18/05/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 30 day(s)
9 toilet(s)
overcrowding, lack of fresh air, insufficient number of toilets and wash basins, poor quality of potable water, poor quality of warm water, insufficient hygiene items provided
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
53312/18
30/10/2018
Aleksey Aleksandrovich ABRAMOV
1983
IK-11 Nizhniy Novgorod Region
30/08/2015
pending as of 16/09/2022
7 year(s) and 18 day(s)
132 inmate(s)
1.5 m²
6 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell
12,500
53392/18
25/09/2018
Aleksandr Yuryevich PANOV
1972
IK-29 Kirov Region
02/05/2015 to
15/07/2018
3 year(s) and 2 month(s) and 14 day(s)
2 m²
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to running water, no or restricted access to warm water, lack of sewage system, lack of fresh air, lack of or insufficient natural light, inadequate temperature, poor quality of food
5,000
53480/18
29/10/2018
Aleksey Aleksandrovich IVANOV
1974
IK-11 Nizhniy Novgorod Region
15/12/2014
pending as of 16/09/2022
7 year(s) and 9 month(s) and 2 day(s)
1.7 m²
overcrowding, poor quality of potable water, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air
12,500
54073/18
08/11/2018
Shota Romazanovich MIKAUTADZE
1991
IK-11 Nizhniy Novgorod Region
15/08/2016
pending as of 16/09/2022
6 year(s) and 1 month(s) and 2 day(s)
lack of fresh air, lack of or insufficient electric light, overcrowding, poor quality of food, infestation of cell with insects/rodents
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
54159/18
29/10/2018
Sergey Anatolyevich SUCHKOV
1967
IK-11 Nizhniy Novgorod Region
21/08/2017
pending as of 16/09/2022
5 year(s) and 27 day(s)
1.5 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
[1] Plus any tax that may be chargeable to the applicants.