Published on 26 February 2024
THIRD SECTION
Application no. 50599/16
Larisa Vladimirovna CHAPODZE and Yermalo Grigoryevich CHAPODZE against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 February 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 8 § 1 of the Convention relating to restrictions on family visits in pre-trial detention facilities which are the subject of well-established case law of the Court (see Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, Resin v. Russia, no. 9348/14, 18 December 2018, Chaldayev v. Russia, no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020 and Mukhametov and Others v. Russia, nos. 53404/18 and 3 others, 14 December 2021).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 8 § 1 of the Convention
(restrictions on family visits in pre-trial detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/
Representative’s name and location
Detention facility
Type of restriction
Other relevant information
Other complaints under well-established case-law
50599/16*
17/08/2016
Household
Larisa Vladimirovna CHAPODZE
1964
Yermalo Grigoryevich CHAPODZE
1969
SIZO-1 Krasnoyarsk Region
physical separation and supervision during short-term family visits, refusal of long-term family visits, limitation on the frequency of short-term family visits
the second applicant was detained in SIZO-1 from 14/08/2013 to 20/07/2016
17891/18*
28/03/2018
Household
Oleg Mikhaylovich LOKTIONOV
1977
Vyacheslav Mikhaylovich LOKTIONOV
1970
Irina Vladimirovna LOKTIONOVA
1972
Svetlana Ivanovna LOKTIONOVA
1949
Valeriya Yuryevna Prikhodkina
Chelyabinsk
SIZO-3 Chelyabinsk
refusal of long-term family visits
The first applicant was detained in SIZO-3 from 31/02/2015 to 07/11/2019
Art. 13 - lack of any effective remedy in domestic law - in conjunction with art. 8,
Art. 14 - in conjunction with art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits,
Art. 3 - torture or inhuman or degrading treatment - On 12/04/2018 and 13/04/2018 the first applicant was held handcuffed in a glass cabin during the pronouncement of the judgment in his case. The applicant’s relevant complaint was reviewed repeatedly by courts at four levels of jurisdiction. The final decision on the matter dismissing the applicant’s complaint was taken by the Supreme Court of the Russian Federation on 23/07/2021. The courts reasoned that handcuffing was necessary for security reasons
2339/19*
24/11/2018
Konstantin Aleksandrovich CHERNOV
1975
Semen Borisovich Isachenkov,
Madrid
SIZO-1 Krasnoyarsk
refusal of short-term family visits
The applicant and his family were refused visits from 06/04/2018 to 04/07/2018
Art. 14 - in conjunction with art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
8452/19*
15/01/2019
Emil Fanilevich SHANGAREYEV
1993
SIZO-1 Tatarstan Republic
refusal of short-term family visits
From 03/08/2018 to 26/04/2019
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - belated review of the extension of the applicant’s pre-trial detention of 28/01/2019 - appeal by the Privolzhskiy Circuit Military Court on 06/03/2019 (the complaint was lodged on 15/04/2019),
Art. 3 - inadequate conditions of detention during transport - The applicant was transported about 50 times between the remand prison and the courthouse pending criminal proceedings against him between 08/02/2019 and 26/04/2019: no or restricted access to toilet, overcrowding, inadequate temperature, no or restricted access to potable water, lack of or insufficient quantity of food, lack of or insufficient electric light, lack of or insufficient natural light. Each of the trips took about 3 to 4 hours (lodged on 19/10/2019),
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of the placement in a metal cage during court hearings,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was held in a metal cage during the hearings at the Privolzhskiy Circuit Military Court on numerous occasions between 08/02/2019 and 26/04/2019
51956/19
26/09/2019
Marat Mukhamadeyevich GALEYEV
1982
Oleg Ilfatovich Kamalov
Kazan
SIZO-2 Kazan
refusal of short-term family visits
The applicant was remanded in custody on 01/02/2018. While in custody, he was allowed only one short-term family visit on 18/02/2019
Art. 13 - lack of an effective remedy against refusals of short-term family visits
53207/19
25/09/2019
Household
Sona Magatamovna SHAMSHILOVA
1983
Rustam Alisovetovich SHAMSHILOV
1980
Yuliya Vyacheslavovna Mitrokhina
Novosibiisk
SIZO-1 Novosibirsk
refusal of short-term family visits
The second applicant was detained in SIZO-1 from 18/05/2018 to 13/05/2019
Art. 13 - lack of an effective remedy against refusals of short-term family visits;
Art. 14 - in conjunction with art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
49742/20
13/10/2020
Household
Danis Miratovich FAYZRAKHMANOV
1988
Elnara Muradovna AMIROVA
1989
Mirat Magfuryanovich FAYZRAKHMANOV
1962
Amira Danisovna FAYZRAKHMANOVA
2014
Guzaliya Magsumovna FAYZRAKHMANOVA
1959
SIZO-3 Sterlitamak, Bashkortostan Republic
refusal of long-term family visits
Five applicants, all family members (parents, wife and a child of the detainee).
The first applicant was detained in SIZO-3 from 04/02/2015 to 21/09/2020. He was convicted of terrorism on 30/07/2018 (final decision – Supreme Court of Russia, 21/09/2020).
The applicants were allowed only one long-term family visit.
Art. 13 - lack of an effective remedy against refusals of short-term family visits
50071/20*
18/10/2020
Kikito Dzhanikovich KUPREISHVILI
1970
SIZO-4, the Arkhangelsk Region
refusal of long-term family visits
The applicant is in detention since 2014
Art. 13 - lack of any effective remedy in domestic law - in respect of long-term family visits in remand prison and in respect of inadequate conditions of detention during transport,
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits,
Art. 5 (4) - excessive length of judicial review of detention - Arkhangelsk Regional Court 16/09/2021 - Second Appellate Court of General Jurisdiction 21/10/2021 (appeal lodged on 21/09/2021); Arkhangelsk Regional Court 24/12/2021 - Second Appellate Court of General Jurisdiction 03/02/2022,
Art. 3 - inadequate conditions of detention during transport - Transfers between the remand prison and the courthouse during the criminal proceedings against the applicant (since 25/01/2017): applicant transported on numerous occasions, overcrowding, inadequate temperature
32509/21*
14/06/2021
Vladimir Vladimirovich SALOVATOV
1989
SIZO-1 Krasnoyarsk
physical separation and supervision during short-term family visits, refusal of long-term family visits
The applicant was detained in SIZO-1 from 30/10/2020 to 26/02/2022
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
39874/21*
21/07/2021
Yaroslav Vladimirovich SUMBAYEV
1990
Valeriy Vladimirovich Shukhardin
Moscow
SIZO-1 Moscow
refusal of short-term family visits, refusal of long-term family visits, refusal of phone calls to family members
The period under consideration is from 24/10/2019 to 16/09/2022.
Art. 13 - lack of an effective remedy against refusals of short-term family visits,
Art. 5 (4) - excessive length of judicial review of detention - Detention order issued by the Moscow City Court on 25/01/2021 was reviewed by the First Appellate Court of General Jurisdiction on 04/03/2021
59791/21
17/11/2021
Natalya Andreyevna CHAPLYGINA
1982
SIZO-1 Tver Region
refusal of long-term family visits
The applicant’s husband served a life sentence in IK-18 Yamalo-Nenetsky Autonomous Region. On 25/07/2019 he was transferred to SIZO-1 Tver Region, in connection with another set of the criminal proceedings. The applicant’s husband was detained in SIZO-1 as of 03/11/2021.
Art. 13 - lack of an effective remedy against refusals of long-term family visits