THIRD SECTION
CASE OF UTIN AND OTHERS v. RUSSIA
(Applications nos. 54784/16 and 41 others –
see appended list)
JUDGMENT
STRASBOURG
10 November 2022
This judgment is final but it may be subject to editorial revision.
In the case of Utin and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 20 October 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 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.
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION6. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
7. 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, §§ 96-177, 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).
8. 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.
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’ conditions of detention, as described in the appended table below, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In applications nos. 705/18, 4273/18, 10092/18 and 10379/18 the applicants submitted a complaint under Article 13 of the Convention. The Court does not consider it necessary to examine the complaint separately.
12. In application no. 7977/18, the applicant also raised other complaints under Article 3 of the Convention.
13. The Court has examined these complaints 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 application 7977/18 must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. 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.”
15. 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.
16. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Declares the complaints concerning the inadequate conditions of detention after conviction during the periods indicated in the appended table admissible, decides that it is not necessary to examine separately some of the applicants’ complaints under Article 13 of the Convention and declares the remainder of application no. 7977/18 inadmissible;Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction;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 10 November 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 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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
54784/16
29/08/2016
Yuriy Nikolayevich UTIN
1961
IK-11 Nizhniy Novgorod Region
01/03/2010 - pending
More than 12 year(s) and
6 month(s) and 2 day(s)
140 inmate(s)
2.2 m²
6 toilet(s)
overcrowding, lack or inadequate furniture, no or restricted access to warm water, poor quality of food, no or restricted access to toilet, insufficient time to eat
12,500
64023/16
25/10/2016
Vladimir Nikolayevich LEGENKOV
1981
IK-11 Nizhny Novgorod
01/07/2013 - pending
More than 9 year(s) and 2 month(s) and 2 day(s)
2.2 m²
overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to warm water
12,500
44936/17
22/05/2017
Igor Viktorovich ISACHENKOV
1973
IK-11 Nizhniy Novgorod
28/05/2012 - pending
More than 10 year(s) and
3 month(s) and 6 day(s)
140 inmate(s)
2.2 m²
6 toilet(s)
no or restricted access to warm water, lack or inadequate furniture, no leisure room, no household room, poor quality of food, lack or insufficient quantity of food, lack of winter clothes and shoes, lack of blankets, insufficient time for taking food, lack of or inadequate hygienic facilities
12,500
71433/17
22/09/2017
Andrey Leonidovich LAPIN
1963
IK-11 Nizhny Novgorod Region
26/12/2006 - pending
More than 15 year(s) and
8 month(s) and 8 day(s)
130 inmate(s)
2.3-2.5 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, poor quality of food, lack or inadequate furniture
12,500
75962/17
17/10/2017
Viktor Sergeyevich NOVIKOV
1979
IK-11 Nizhniy Novgorod Region
22/05/2006 - pending
More than 16 year(s) and
3 month(s) and 12 day(s)
140 inmate(s)
2.2 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities
12,500
75965/17
16/10/2017
Vasiliy Vasilyevich TSYPLYAKOV
1977
IK-11 Nizhniy Novgorod Region
10/07/2006 - pending
More than 16 year(s) and
1 month(s) and 24 day(s)
140 inmate(s)
2.2 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities
12,500
80171/17
13/11/2017
Sergey Viktorovich PEREVEZENTSEV
1976
IK-11 Nizhniy Novgorod Region (cell type facilities)
01/04/2017 - pending
More than 5 year(s) and 5 month(s) and 2 day(s)
6 inmate(s)
2 m²
1 toilet(s)
lack of fresh air, lack of or insufficient natural light, overcrowding, passive smoking
12,500
82128/17
27/11/2017
Feliks Mairbekovich SOVLOKHOV
1986
IK-11 Nizhniy Novgorod (PKT, disciplinary ward, strict regime cameras)
25/05/2016 - pending
More than 6 year(s) and 3 month(s) and 9 day(s)
2.5 m²
lack of fresh air, infestation of cell with insects/rodents, overcrowding, bunk beds, passive smoking, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to potable water
12,500
83266/17
25/11/2017
Stanislav Viktorovich MIKHALEV
1991
IK-11 Nizhny Novgorod Region
18/12/2012 - pending
More than 9 year(s) and 10 month(s)
6 inmate(s)
2.5 m²
1 toilet(s)
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, passive smoking, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or inadequate furniture
12,500
705/18
05/12/2017
Dmitriy Mikhaylovich KOSAREV
1982
IK-11 Nizhniy Novgorod region
19/01/2015 - pending
More than 7 year(s) and 7 month(s) and 15 day(s)
lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to shower, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air
12,500
1019/18
07/12/2017
Anatoliy Grigoryevich GRINEVICH
1968
IK-11 Nizhniy Novgorod Region
21/01/2016 - pending
More than 6 year(s) and 7 month(s) and 13 day(s)
145 inmate(s)
2.3 m²
6 toilet(s)
lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to shower, no or restricted access to toilet
12,500
2252/18
07/12/2017
Roman Aleksandrovich BOGDANOV
1978
IK-11 Nizhniy Novgorod Region
02/05/2017 - pending
More than 5 year(s) and 4 month(s) and 1 day(s)
145 inmate(s)
2.2 m²
no or restricted access to toilet, no or restricted access to running water, overcrowding in the kitchen, inadequate temperature, lack of requisite medical assistance, the applicant lives in educative room, poor quality of food
12,500
3051/18
19/12/2017
Vladislav Igorevich PINDYURIN
1990
IK-11 Nizhny Novgorod Region
01/03/2017 - pending
More than 5 year(s) and 6 month(s) and 2 day(s)
2.2 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, inadequate temperature, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of winter clothing
12,500
3053/18
12/12/2017
Andrey Sergeyevich PEKAREV
1988
IK-11 Nizhniy Novgorod Region
30/10/2017 - pending
More than 4 year(s) and 10 month(s) and 4 day(s)
140 inmate(s)
2.2-2.6 m²
no or restricted access to toilet, lack of fresh air
12,500
4273/18
10/12/2017
Andrey Aleksandrovich BORISOV
1986
IK-11 Nizhniy Novgorod Region
01/10/2013 - pending
More than 8 year(s) and 11 month(s) and 2 day(s)
120 inmate(s)
2 m²
overcrowding, lack of fresh air, infestation of cell with insects/rodents
12,500
4571/18
25/12/2017
Andrey Grigoryevich GEORGIYEVSKIY
1983
IK-11 Nizhniy Novgorod Region
20/04/2012 - pending
More than 10 year(s) and
4 month(s) and 14 day(s)
130 inmate(s)
2.2-2.5 m²
6 toilet(s)
overcrowding, lack of fresh air, poor quality of food
12,500
5329/18
25/12/2017
Anton Albertovich ZAMORKOV
1989
IK-11 Nizhniy Novgorod Region
06/02/2012 - pending
More than 10 year(s) and
6 month(s) and 28 day(s)
135 inmate(s)
2.3-2.5 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, poor quality of food, no warm clothes and footwear provided for wintertime
12,500
7977/18
24/01/2018
Olimdzhon Khomidovich SAIDAKHMADOV
1972
IK-11 Nizhny Novgorod Region
04/07/2016 - pending
More than 6 year(s) and
1 month(s) and 30 day(s)
2.1 m²
overcrowding, lack of or inadequate hygienic facilities, lack of requisite medical assistance, mouldy or dirty cell, infestation of cell with insects/rodents
12,500
8756/18
05/02/2018
Sadrutdin Sakhavatovich SAKHAVATOV
1971
IK-11 Nizhny Novgorod Region
01/07/2013 -pending
More than 9 year(s) and
2 month(s) and 2 day(s)
130 inmate(s)
2.1-2.3 m²
6 toilet(s)
overcrowding, inadequate number of toilets and wash basins
12,500
10092/18
29/01/2018
Andrey Sergeyevich ALESHIN
1971
IK-11 Nizhniy Novgorod Region
29/08/2011 -pending
More than
11 year(s) and 5 day(s)
130 inmate(s)
2.1-2.3 m²
6 toilet(s)
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents
12,500
10379/18
03/12/2017
Zaur Mursalovich ALIYEV
1989
IK-11 Nizhniy Novgorod Region
01/04/2014 - pending
More than 8 year(s) and
5 month(s) and 2 day(s)
2 m²
lack of fresh air, overcrowding, infestation of cell with insects/rodents
12,500
11742/18
20/02/2018
Viktor Konstantinovich KARSAKOV
1954
IK-11 Nizhniy Novgorod Region
01/02/2012 - pending
More than 10 year(s) and
7 month(s) and 2 day(s)
140 inmate(s)
2 m²
6 toilet(s)
overcrowding, lack of fresh air
12,500
13624/18
16/02/2018
Soslan Kazbekovich YESIYEV
1982
IK-11 Nizhniy Novgorod Region
10/11/2014 - pending
More than 7 year(s) and
9 month(s) and 24 day(s)
140 inmate(s)
2.3 m²
6 toilet(s)
poor quality of food, inadequate clothing
12,500
14219/18
05/03/2018
Mikhail Mikhaylovich GAGARIN
1988
IK-11 Nizhniy Novgorod Region
12/10/2017 - pending
More than 4 year(s) and
10 month(s) and 22 day(s)
2 m²
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air
12,500
14410/18
23/05/2018
Marat Rafitovich AKHTAMZYANOV
1973
IK-11 Nizhniy Novgorod Region
27/11/2007 - pending
More than 14 year(s) and
9 month(s) and 7 day(s)
135 inmate(s)
2.37 m²
6 toilet(s)
no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food
12,500
15851/18
13/03/2018
Yuriy Lvovich LANSHIN
1956
IK-11 Nizhniy Novgorod Region
20/02/2017 - pending
More than 5 year(s) and
6 month(s) and 14 day(s)
145 inmate(s)
2.1 m²
6 toilet(s)
overcrowding, lack of fresh air, poor quality of food, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents
12,500
16100/18
21/03/2018
Aleksandr Viktorovich ISAYEV
1973
IK-11 Nizhniy Novgorod Region
31/05/2016 -pending
More than 6 year(s) and
3 month(s) and 3 day(s)
140 inmate(s)
2 m²
6 toilet(s)
overcrowding, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell
12,500
17140/18
26/03/2018
Dmitriy Vladimirovich MAYSYUK
1992
IK-11 Nizhniy Novgorod
30/06/2016 - pending
More than 6 year(s) and
2 month(s) and 4 day(s)
140 inmate(s)
2 m²
6 toilet(s)
overcrowding, sharing cells with inmates infected with contagious disease, lack of fresh air, lack of requisite medical assistance
12,500
18779/18
02/04/2018
Ivan Ivanovich LENDEL
1988
IK-11 Nizhniy Novgorod Region
03/08/2015 - pending
More than
7 year(s) and 1 month(s)
137 inmate(s)
2.2 m²
6 toilet(s)
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of fresh air
12,500
19889/18
13/04/2018
Vladimir Vladimirovich GAVRILOV
1986
IK-11 Nizhniy Novgorod Region
04/07/2016 - pending
More than 6 year(s) and
1 month(s) and 30 day(s)
130 inmate(s)
2.3-2.5 m²
6 toilet(s)
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, failure to provide warm clothes and footwear for winter, insufficient number of toilets and wash basins
12,500
20437/18
11/04/2018
Fyarit Ravilyevich KARAYEV
1967
IK-11 Nizhniy Novgorod Region
19/06/2017 to 27/11/2017
5 month(s) and 9 day(s)
IK-11 Nizhniy Novgorod
25/12/2017 - pending
More than 4 year(s) and 8 month(s) and 9 day(s)
100 inmate(s)
2 m²
7 toilet(s)
100 inmate(s)
2 m²
7 toilet(s)
poor quality of food, overcrowding
overcrowding, poor quality of food
12,500
21498/18
25/04/2018
Igor Petrovich MAKAROV
1970
IK-11 Nizhniy Novgorod Region
28/08/2017 - pending
More than 5 year(s) and 6 day(s)
2 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food
12,500
22632/18
18/06/2018
Roman Viktorovich POPOV
1982
IK-11 Nizhniy Novgorod Region
25/11/2014 - pending
More than 7 year(s) and 9 month(s) and 9 day(s)
2 m²
6 toilet(s)
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light
12,500
23160/18
03/05/2018
Ilsur Ilkamovich ZARIPOV
1976
IK-11 Nizhniy Novgorod Region
27/02/2017 - pending
More than 5 year(s) and 6 month(s) and 7 day(s)
130 inmate(s)
2 m²
6 toilet(s)
lack of fresh air, sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, poor quality of food
12,500
23389/18
03/05/2018
Roman Viktorovich MOSKALEV
1985
IK-11 Nizhniy Novgorod Region
26/05/2017 - pending
More than 5 year(s) and 3 month(s) and 8 day(s)
120 inmate(s)
2.5 m²
6 toilet(s)
poor quality of food, overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents
12,500
31321/18
09/06/2018
Anton Vladimirovich ISAKOV
1984
IK-11 Nizhny Novgorod Region
17/11/2017 - pending
More than 4 year(s) and
9 month(s) and 17 day(s)
2.3 m²
overcrowding, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, cracking walls
12,500
31325/18
09/06/2018
Sergey Gennadiyevich NOVICHKOV
1994
IK-11 Nizhniy Novgorod Region
04/09/2017 - pending
More than 4 year(s) and 11 month(s) and 30 day(s)
2.3 m²
overcrowding, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food
12,500
31457/18
19/06/2018
Maksim Vladimirovich SAVCHENKO
1984
Zhiltsov Sergey Valeryevich
Bor
IK-11 Nizhniy Novgorod Region
23/02/2018 - pending
More than 4 year(s) and 6 month(s) and 11 day(s)
2 m²
overcrowding, lack of requisite medical assistance, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, poor quality of food, lack of or insufficient natural light, lack or inadequate furniture
12,500
31740/18
09/06/2018
Sergey Vladimirovich ILYIN
1972
IK-11 Nizhniy Novgorod Region
21/11/2016 - pending
More than 5 year(s) and 9 month(s) and 13 day(s)
130 inmate(s)
2.3 m²
6 toilet(s)
overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to running water, no or restricted access to toilet, poor quality of food, infestation of cell with insects/rodents
12,500
33133/18
27/06/2018
Dmitriy Yuryevich YABLOKOV
1972
IK-11 Nizhniy Novgorod Region
04/06/2018 - pending
More than 4 year(s) and 2 month(s) and 30 day(s)
28 inmate(s)
2 m²
overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, constant electric light, lack of or insufficient electric light
12,500
33494/18
27/06/2018
Zakar Ashotovich GALUSTYAN
1985
IK-11 Nizhniy Novgorod Region
02/04/2016 - pending
More than 6 year(s) and 5 month(s) and 1 day(s)
2 m²
lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food
12,500
34903/18
06/07/2018
Valentin Sergeyevich CHIZHENKOV
1986
IK-11 Nizhniy Novgorod Region
13/11/2011 - pending
More than 10 year(s) and
9 month(s) and 21 day(s)
130 inmate(s)
2.5 m²
6 toilet(s)
no or restricted access to warm water, poor quality of food, inadequate clothing
12,500
[1] Plus any tax that may be chargeable to the applicants.