CASE OF SAYFUTDINOV AND OTHERS v. RUSSIA

 

 

THIRD SECTION

CASE OF SAYFUTDINOV AND OTHERS v. RUSSIA

(Applications nos. 22000/18 and 20 others –

see appended list)

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

15 September 2022

 

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

In the case of Sayfutdinov and Others v. Russia,

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

 Darian Pavli, President,

 Andreas Zünd,

 Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 August 2022,

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 permanent video surveillance of detainees in post-conviction detention facilities. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

JOINDER 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.

ALLEGED VIOLATION OF ARTICLE 8 of the Convention

6.  The applicants complained principally of the permanent video surveillance of detainees in post-conviction detention facilities. They relied, expressly or in substance, on Article 8 of the Convention, which reads as follows:

“1.  Everyone has the right to respect for his private ... life ...

2.  There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

7.  The Court has already established, in an earlier case against Russia, that the national legal framework governing the placement of detainees under permanent video surveillance in penal institutions falls short of the standards set out in Article 8 of the Convention (see Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). In Gorlov and Others, the Court summed up the general principles concerning the detainees’ right to respect for private life reiterating that placing a person under permanent video surveillance whilst in detention was to be regarded as a serious interference with the individual’s right to respect for his or her privacy (ibid., §§ 81-82). It has further concluded that the national law (1) cannot be regarded as being sufficiently clear, precise or detailed to have afforded appropriate protection against arbitrary interference by the authorities with the detainees’ right to respect of their private life (ibid., §§ 97-98) and (2) does not presuppose any balancing exercise or enable an individual to obtain a judicial review of the proportionality of his or her placement under permanent video surveillance to the vested interests in securing his or her privacy (ibid., § 108).

8.  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. It considers, regard being had to the case-law cited above, that in the instant case the placement of the applicants under permanent video surveillance in post-conviction detention facilities was not “in accordance with law”.

9.  These complaints are therefore admissible and disclose a breach of Articles 8 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

10.  Some applicants submitted complaints under Article 13 of the Convention about the absence of an effective domestic remedy to complain about permanent video surveillance in detention facilities (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 a violation of Article 13 of the Convention in the light of its well-established case-law (see Gorlov and Others, cited above, §§ 106-10).

REMAINING COMPLAINTS

11.  In applications nos. 22000/18, 37673/19, 9521/21, 11469/21 and 21109/21, the applicants also raised other complaints under various Articles of the Convention.

12.  The Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

13.  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, Gorlov and Others, cited above, with further references, § 120, which imposed on the respondent State a legal obligation, under Article 46 of the Convention, to implement, under the supervision of the Committee of Ministers, such measures as they consider appropriate to secure the right of the applicants and other persons in their position to respect of their private life), the Court considers that the finding of a violation constitutes a sufficient just satisfaction in the present case.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;Declares the complaints concerning the permanent video surveillance of detainees in post-conviction detention facilities and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible and the remainder of applications nos. 22000/18, 37673/19, 9521/21, 11469/21 and 21109/21 inadmissible;Holds that these complaints disclose a breach of Article 8 of the Convention concerning the permanent video surveillance of detainees in post-conviction detention facilities;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 that the finding of a violation constitutes in itself sufficient just satisfaction.

Done in English, and notified in writing on 15 September 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Darian Pavli
 Acting Deputy Registrar President

 

 

 

APPENDIX

List of applications raising complaints under Article 8 § 1 of the Convention

(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Detention facility

Period of detention

Specific circumstances

Other complaints under well-established

 case-law

   

22000/18

09/04/2018

Arslan Faritovich SAYFUTDINOV

1986

IK-56 Sverdlovsk Region

since 2017

detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

   

29606/18

07/06/2018

Denis Valeryevich CHERPAKOV

1982

IK-17 Krasnoyarsk Region

05/04/2013 – 11/01/2018

detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

   

37673/19

27/06/2019

Vitaliy Vladimirovich SHASTUN

1979

IK-6 Khabarovsk Region

since 2018

detention in different cells with video surveillance

 

   

46228/20

12/02/2021

Magsud Takhir ogly GUSEYNOV

1983

IK-5 Krasnoyarsk Region

02/03/2018 – pending

opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

   

649/21

25/03/2021

Sergey Petrovich SOSNIN

1985

IK-5 Krasnoyarsk Region

May 2019 – pending

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

   

2591/21

10/12/2020

Artur Khavazhiyevich SAKKAYEV

1982

IK-49 Komi Republic, IK-31 Komi Republic

April 2019 – pending

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

   

4498/21

20/12/2020

Maksim Viktorovich GRIGORYEV

1978

IK-5 Krasnoyarsk Region

25/04/2019 – 03/05/2020

opposite-sex operators, video surveillance in a lavatory and/or shower room

 

   

9521/21

14/01/2021

Parviz Nuraliyevich GULOMALIYEV

1987

IK-5 Krasnoyarsk Region

26/02/2015 – pending

opposite-sex operators, video surveillance in a lavatory and/or shower room

 

   

10975/21

15/01/2021

Roman Aleksandrovich KASHURIN

1988

IK-5 Krasnoyarsk Region

05/05/2014 – pending

opposite-sex operators, video surveillance in a lavatory and/or shower room, detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

11290/21

13/01/2021

Dmitriy Aleksandrovich DILSHNAYDER

1981

IK-6 Khabarovsk Region

26/01/2018 – pending

detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

11425/21

01/02/2021

Andrey Aleksandrovich SHMAKOV

1978

IK-29 Kirov Region

11/01/2018 – 26/01/2021

detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

11469/17

03/02/2021

Ramil Rashitovich ISKHAKOV

1991

IK-25 Komi Republic, IK-31 Komi Republic

29/03/2019 – pending

detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

12875/21

09/02/2021

Sergey Aleksandrovich GORBUSHKOV

1973

IK-5 Krasnoyarsk Region

12/06/2016 – 18/10/2021

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

13283/21

03/02/2021

Ruslan Khudaverdi ogly GADZHYSALIMOV

1984

IK-25 Komi Republic

06/05/2016 – pending

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

14912/21

12/02/2021

Umidzhon Abduvakhidovich ABDULLAYEV

1986

IK-25 Komi Republic

29/11/2020 – pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities –

 

 

16309/21

10/03/2021

Nidzhat Elikhan ogly EYNIYEV

1995

IK-25 Komi Republic

16/08/2019 – pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

16902/21

10/03/2021

Aleksey Alekseyevich PRONENKO

1975

IK-5 Krasnoyarsk Region

08/04/2020 – pending

detention in different cells with video surveillance, opposite-sex operators

 

 

17184/21

10/03/2021

Vladimir Yuryevich SPANOVSKIY

1974

IK-25 Komi Republic

02/09/2012 - pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

17187/21

10/03/2021

Ivan Vitalyevich LOBANOV

1972

IK-25 Komi Republic

02/11/2012 – pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

21109/21

31/03/2021

Aleksandr Viktorovich TSARENKO

1977

IK-18 Yamalo‑Nenetskiy Region

Period of detention at IK‑18:

21/08/2007 – 27/10/2020

 

Period under video surveillance:

January 2017 – 27/10/2020

 

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

37373/21

02/07/2021

Mansur Mustafayevich EDILBIYEV

1986

IK-25 Komi Republic

2015 - pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

 

 

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