FOURTH SECTION
CASE OF ZAVGORODNIY AND OTHERS v. RUSSIA
(Applications nos. 28355/18 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 Zavgorodniy 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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, 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).
12. In the light of the findings above, the Court considers that there is no need to deal separately with the remaining complaints raised by the applicants in relation to the well-established case-law of the Court (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. Regard being had to the documents in its possession and to its case‑law (see, in particular, N.T., 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 that it is not necessary to examine separately the remaining complaints raised by the applicants; 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]
28355/18
04/06/2018
Yuriy Viktorovich ZAVGORODNIY
1970
Kharitonovskaya Yelena Leonidovna
Vologda
IK-2 Vologda Region
02/10/2002 – 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;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-2 Vologda Region, 02/10/2002 – pending on the date when the application was lodged with the Court, opposite-sex operators
4,000
30449/18
21/05/2018
Anton Vasilyevich BOLSHESHAPOV
1985
IK-6 Khabarovsk Region
26/09/2017 – 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 - during several hearings by video link from IK-6 Khabarovsk region before Ivdelsk Town Court, Amur Town Court, Kuybyshevskiy District Court of Irkutsk, Kirovskiy District Court of Khabarovsk (02/10/2020 - 11/02/2021), civil proceedings on conditions of detention. The applicant is a life prisoner
5,000
42594/18
25/08/2018
Petr Aleksandrovich TARASOV
1988
Yesina Tatyana Robertovna
Sevastopol
IK-6 Khabarovsk Region
01/04/2018 – 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 inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - train, 10/03/2018 - 25/03/2018, 0.6 sq. m. of personal space; insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, overcrowding, passive smoking, poor quality of potable water
5,000
42684/18
20/08/2018
Anatoliy Bogdanovich AYRIKH
1985
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
05/03/2013 -
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 inadequate conditions of detention during transport 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 - IK-6 Khabarovsk Region, 11/03/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators;
Art. 3 - inadequate conditions of detention during transport - six transfers by train 11/02/2018 - 09/03/2018, 0.5-1 sq. m., five inmates per train compartment, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to running water, lack of ventilation
5,000
42876/18
28/08/2018
Vladimir Aleksandrovich SOFRONOV
1986
Yesina Tatyana Robertovna
Sevastopol
IK-6 Khabarovsk Region
26/04/2018 - 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 inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - train, transit cells, 11/03/2018 - 26/04/2018; no or restricted access to warm water, overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in IK-6 Khabarovsk Region during court hearings on 30/08/2019, 09/10/2019 and 21/10/2019
5,000
52472/18
17/10/2018
Anatoliy Yuryevich ZHAKUN
1965
IK-18 Yamalo-Nenets Autonomous Region
15/12/2008 - pending on the date when the application was lodged with the Court
3,000
36284/19
21/06/2019
Sergey Yuristovich ZARIPOV
1966
Drobyshev Oleg Petrovich
St Petersburg
IK-18 Yamalo-Nenets Autonomous Region
10/10/2011 - pending on the date when the application was lodged with the Court
first 10 years expired on 10/10/2021
3,000
47280/19
23/03/2020
Vyacheslav Vladimirovich MATVEYEV
1990
IK-2 Perm Region
06/2015 - pending on the date when the application was lodged with the Court
3,000
47331/19
27/08/2019
Denis Aleksandrovich KARAKOV
1982
IK-56 Sverdlovsk Region,
14/05/2010 - 14/05/2020
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention under the strict regime;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ivdel Town Court of Sverdlovsk Region, at the hearings on 20/01/2021, 23/03/2021
5,000
51517/19
18/09/2019
Sergey Borisovich KUTNYUK
1969
Yesina Tatyana Robertovna
Sevastopol
IK-6 Khabarovsk Region
09/04/2018 - pending on the date when the application was lodged with the Court
3,000
62577/19
21/11/2019
Valeriy Petrovich PIDGURSKIY
1994
IK-6 Khabarovsk Region
10/09/2018- pending on the date when the application was lodged with the Court
3,000
2431/20
10/12/2019
Artem Aleksandrovich PROKHORENKO
1985
Mager Viktor Aleksandrovich
Pushkin
IK-6 Khabarovsk Region
26/01/2018 - 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 metal cage during the hearings of his multiple civil cases by the Third Cassation Court, St Petersburg City Court, Khabarovsk Regional Court, Ivdel Town Court, Kirovskiy District Court of Khabarovsk, Kolpinskiy District Court of St Petersburg, Frunzenskiy District Court of St Petersburg in the period from 02/02/2022 to 25/04/2022. All hearings were held by video link from IK-6 Khabarovsk Region
5,000
6229/20
10/01/2020
Vasiliy Vasilyevich STROKOV
1979
IK-6 Khabarovsk Region
17/01/2017 - 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 inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - van and train, 10/08/2019 - 25/08/2019, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding (0,5 sq. m. of personal space per inmate), no or restricted access to toilet, lack of or poor quality of bedding and bed linen, poor quality of potable water, poor quality of food
5,000
26642/20
30/03/2020
Zhamil Zhavitovich BIKAYEV
1973
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
24/07/2009 - pending on the date when the application was lodged with the Court
On 11/02/2019 the applicant applied for change of imprisonment regime, but remained under strict regime
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Khabarovsk Region, 26/01/2018 - pending on the date when the application was lodged with the Court, detention in different cells with video surveillance, opposite-sex operators
4,000
26663/20
30/03/2020
Khushnud Tursunovich TURAKULOV
1988
IK-18 Yamalo-Nenets Autonomous Region
16/01/2011-16/01/2021
3,000
26852/20
19/05/2020
Artem Aleksandrovich AKSENCHIK
1985
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
04/11/2010 - pending on the date when the application was lodged with the Court
3,000
27059/20
26/03/2020
Sergey Pavlovich KOLESNIKOV
1985
IK-6 Khabarovsk Region
09/12/2018 (transferred from IK-5 Volgograd Region) - pending on the date when the application was lodged with the Court
first 10 years expire on 31/10/2026
3,000
36580/20
15/07/2020
Oleg Vladimirovich LEVCHUK
1972
Laptev Aleksey Nikolayevich
Moscow
IK-6 Orenburg Region
14/03/2001 - 15/10/2019
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Orenburg Region, 14/03/2001 - 15/10/2019, opposite-sex operators, video surveillance in a lavatory
4,000
42190/20
04/09/2020
Yuriy Sergeyevich KRYUKOV
1994
IK-6 Khabarovsk Region
26/11/2017 - pending on the date when the application was lodged with the Court
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Khabarovsk Region, 26/11/2017 - pending on the date when the application was lodged with the Court, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
4,000
43051/20
09/09/2020
Sergey Aleksandrovich FEDOROV
1980
Fedorova Natalya Borisovna
Fryanovo
IK-2 Perm Region
30/07/2012 – pending on the date when the application was lodged with the Court
Art. 3 - inadequate conditions of detention - The applicant has been detained in IK-2 Perm Region since 30/07/2012. He complained of overcrowding, stating that the living space of his cell is 1.35 sq. m. per person. He has also complained of handcuffing him despite the fact that he is a disabled individual with injured left hand. He has been detained at the underground level where the bars at the window did not allow to clean it to let the natural light into the cell;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
5,000
43511/20
14/09/2020
Sergey Vasilyevich RASSOLOV
1958
Yesina Tatyana Robertovna
Sevastopol
IK-56 Sverdlovsk Region,
IK-6 Khabarovsk Region
13/08/2010 -
pending on the date when the application was lodged with the Court
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Khabarovsk Region, 09/02/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
4,000
48054/20
10/10/2020
Vasiliy Valentinovich SATINOV
1979
Gaynutdinova Yuliya Sergeyevna
Kazan
IK-6 Khabarovsk Region,
IK-56 Sverdlovsk Region
15/04/2016 - pending on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy 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 - IK-6 Khabarovsk Region, 09/03/2018 - pending on the date when the application was lodged with the Court, detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - between 14/05/2020 and 10/08/2020 in the Ivdelskiy Town Court of the Sverdlovsk Region, Sverdlovsk Regional Court
5,000
26391/22
04/05/2022
Tyulegen Mingishevich KHABBASOV
1984
IK-2 Perm Region
06/03/2008 - 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 - during the hearing at the Perm Regional Court via video link on 19/01/2022 (the proceedings concerned his transfer to a correctional facility with a more lenient regime)
5,000
[1] Plus any tax that may be chargeable to the applicants.