FOURTH SECTION
CASE OF YEMANOV AND OTHERS v. RUSSIA
(Applications nos. 42771/19 and 22 others –
see appended list)
JUDGMENT
STRASBOURG
15 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Yemanov 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 25 January 2024,
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 detention under strict imprisonment regime. 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 detention under strict imprisonment regime. They relied, expressly or in substance, on Article 3 of the Convention.
8. In the leading case of N.T. v. Russia, no. 14727/11, 2 June 2020, 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 strict imprisonment regime applied to the applicants as life prisoners has been incompatible with the requirements of Article 3 of the Convention on account of the severe and excessive statutory measures inherent in that regime, as well as ordinary and facilitated regimes, all aggravated by routine handcuffing.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. 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 findings in Svinarenko and Slyadnev v. Russia [GC] (nos. 32541/08 and 43441/08, ECHR 2014 (extracts)), Idalov v. Russia [GC] (no. 5826/03, 22 May 2012), Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019), Polyakova and Others v. Russia (nos. 35090/09 and 3 others, 7 March 2017), Shlykov and Others v. Russia (nos. 78638/11 and 3 others, 19 January 2021).
APPLICATION OF ARTICLE 41 OF THE CONVENTION12. Regard being had to the documents in its possession and to its case‑law (see, in particular, N.T. v. Russia, 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 concerning the inadequate conditions of detention under strict imprisonment regime;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 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 period plus three percentage points.
Done in English, and notified in writing on 15 February 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
(inadequate conditions of detention under strict imprisonment regime)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date of detention under strict regime
Other complaints under
well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
42771/19
28/10/2019
Pavel Nikolayevich YEMANOV
1976
IK-6 Orenburg Region
25/03/2004-04/07/2019
3,000
50661/19
09/12/2019
Petr Gennadyevich SHADRIN
1974
IK-6 Orenburg Region,
IK-6 Khabarovsk Region
14/03/2001 - until unspecified date when the applicant was transferred to ordinary regime
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-6, Orenburg Region between 14/03/2001 to 10/07/2019, Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in different cells with video surveillance, opposite-sex operators in IK-6 Orenburg Region between 14/03/2001 and 10/07/2019 and in IK-6 Khabarovsk Region since 09/08/2019,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - placement to a penal facility thousands of kilometres away from the residence of his family
5,000
6523/20
09/01/2020
Leonid Leonidovich ISAYEV
1975
IK-18
Yamalo-Nenets Autonomous Region
21/03/2008 to 16/08/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport –
1) Two prison train trips between 16/08/2019 and 25/08/2019. Specific grievances: lack of fresh air, lack of or poor quality of bedding and bed linen, bunk beds, no or restricted access to toilet, no or restricted access to potable water;
2) Multiple prison van trips from 03/09/2019 to 23/01/2020 in extremely overcrowded conditions
5,000
31437/20
08/07/2020
Viktor Mikhaylovich KUZMIN
1968
Kharionovskaya Yelena Leonidovna
Vologda
IK-5 Vologda Region
10/11/1994 - 28/03/2002 - strict regime
28/03/2002 - 23/05/2012 - ordinary regime
23/05/2012 - pending on the date when the application was lodged with the Court - facilitated regime
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing at the IK-5 Volodga Region since 10/11/1994 - pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77‑93, 19 January 2021)
5,000
46109/20
30/09/2020
Vladimir Stepanovich GEORGIYEV
1960
Kharionovskaya Yelena Leonidovna
Vologda
IK-5 Vologda Region
01/08/1994 - 10/02/2002 - strict regime
10/02/2002 - 30/01/2013 - ordinary regime
30/01/2013 - pending on the date when the application was lodged with the Court - facilitated regime
3,000
50059/20
29/10/2020
Igor Petrovich FADEYEV
1972
IK-6 Orenburg Region,
IK-6 Khabarovsk Region
03/11/2000 – unspecified date when the applicant was transferred to the ordinary regime
3,000
53109/20
23/10/2020
Vadim Fedorovich POSTONOGOV
1988
Gaynutdinova Yuliya Sergeyevna
Kazan
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
13/07/2010 - 14/02/2019 - strict regime
14/09/2019 - pending on the date when the application was lodged with the Court - ordinary regime
3,000
54469/20
16/11/2020
Ayrat Kavyyevich GIMRANOV
1961
IK-5 Vologda Region
21/06/2006 - 07/06/2017 strict regime
07/06/2017 - pending on the date when the application was lodged with the Court - ordinary regime
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region
5,000
2556/21
23/11/2020
Oleg Vyacheslavovich TSYBULKIN
1962
IK-5 Vologda Region
10/11/1994 - 24/01/2001 - strict regime
24/01/2001 - 28/03/2011 - ordinary regime
28/03/2011 - pending on the date when the application was lodged with the Court - facilitated regime
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-6 Vologda Region, pending since 10/11/1994 and on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others,
§§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-6 Vologda Region, pending since 10/11/1994 and on the date when the application was lodged with the Court
5,000
5068/21
14/12/2020
Vladimir Valeryevich ORESHKOV
1970
IK-2 Perm Region
05/08/2004 - on unspecified date the applicant was transferred to ordinary regime
Art. 3 - inadequate conditions of detention - in IK-2 Perm Region (overcrowding, 2,2 sq. m of personal space per inmate) since 05/08/2004 and on the date when the application was lodged with the Court,
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-2 Perm Region since 05/08/2004 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021)
5,000
8418/21
16/12/2020
Sergey Yuryevich DYACHKOV
1969
IK-5 Vologda Region
20/03/1995 - 20/04/2002 - strict regime
20/04/2002 - pending on the date when the application was lodged with the Court - ordinary regime
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in cells with video surveillance in IK-5 Vologda Region since 20/03/1995 and pending on the date when the application was lodged with the Court,
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region since 20/03/1995 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others,
§§ 77-93, 19 January 2021)
5,000
13934/21
11/01/2021
Pavel Vladimirovich FEDOROV
1963
IK-5 Vologda Region
01/08/1994 – unspecified date in the late 2020 when the applicant was transferred to ordinary regime
Art. 3 - torture or inhuman or degrading treatment - inhuman and degrading treatment – routine handcuffing in IK 5, Vologda Region since 01/08/1994 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region since 01/08/1994 and pending on the date when the application was lodged with the Court
5,000
20346/21
27/03/2021
Bogdan Mikhaylovich UZENOV
1969
Yesina Tatyana Robertovna
Sevastopol
IK-6 Orenburg Region,
IK-6 Khabarovsk Region
20/06/2002 - pending on the date when the application was lodged with the Court
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant’s placement in a metal cage during the hearing in the Amur Town Court on 12/11/2020 (via video-link)
5,000
21916/21
31/03/2021
Yuriy Yuryevich DENISOV
1963
Kharionovskaya Yelena Leonidovna
Vologda
IK-5 Vologda Region
01/08/1994 - pending on the date when the application was lodged with the Court
3,000
22061/21
05/05/2021
Sergey Ivanovich IONOV
1980
Yesina Tatyana Robertovna
Sevastopol
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
11/12/2009 - 04/06/2020 - strict regime
05/06/2020 - pending on the date when the application was lodged with the Court - ordinary regime
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-6 Khabarovsk Region since 09/01/2018 and pending on the date when the application was lodged with the Court,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
4,000
22681/21
24/04/2021
Nikolay Sergeyevich YUSUPOV
1952
IK-5 Vologda Region
14/07/1998 - 23/04/2004 - strict regime
24/04/2004 - pending on the date when the application was lodged with the Court - ordinary regime
3,000
30759/21
11/05/2021
Ruslan Kazymovich KUBASHEV
1985
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
03/12/2009 - 19/04/2018 - strict regime
20/04/2018 - pending on the date when the application was lodged with the Court – ordinary regime
3,000
41332/21
23/07/2021
Vitaliy Anatolyevich SUKHININ
1969
IK-5 Vologda Region
25/08/1994 – and pending on the date when the application was lodged with the Court
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing at IK 5 Vologda Region since 23/08/1994 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others,
§§ 77-93, 19 January 2021)
5,000
52772/21
13/10/2021
Dmitriy Leonidovich GRIDIN
1968
Kharionovskaya Yelena Leonidovna
Vologda
IK-5 Vologda Region
29/07/1996 - and pending on the date when the application was lodged with the Court
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region between 29/07/1996 and 10/2021 (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region since 29/07/1996 - and pending on the date when the application was lodged with the Court,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant’s placement in a metal cage during the hearing in the Vologda Regional Court on 29/04/2021
5,000
2948/22
06/12/2021
(3 applicants)
Yuriy Sergeyevich KRYUKOV
1994
Anatoliy Bogdanovich AYRIKH
1985
Zufar Zakiyevich KULMUKHAMETOV
1983
IK-6 Khabarovsk Region
20/09/2015- pending on the date when the application was lodged with the Court
3,000
14081/22
19/02/2022
Leonid Aleksandrovich KOSTAREV
1962
IK-2 Perm Region
22/01/2001 - pending on the date when the application was lodged with the Court
Art. 3 - torture or inhuman or degrading treatment - the applicant’s routine handcuffing in the IK-2 Perm Region since 22/01/2001 - and pending on the date when the application was lodged with the Court
5,000
32483/22
24/03/2022
Arasul Pavlovich KHUBIYEV
1977
IK-2 Perm Region
15/01/2003 - pending on the date when the application was lodged with the Court
3,000
40690/22
08/07/2022
(4 applicants)
Sergey Borisovich KUTNYUK
1969
Aleksey Sergeyevich IVANOV
1995
Vadim Aleksandrovich MAKAROV
1984
Anton Sergeyevich MALYUTIN
1987
Gaynutdinova Yuliya Sergeyevna
Kazan
IK-6 Khabarovsk Region
1) Kutnyuk
09/04/2018 - pending on the date when the application was lodged with the Court;
2) Molyutin
09/12/2018 - pending on the date when the application was lodged with the Court;
3) Ivanov
17/10/2017 - pending on the date when the application was lodged with the Court;
4) Makarov
09/04/2018 - pending on the date when the application was lodged with the Court
3,000
[1] Plus any tax that may be chargeable to the applicants.