THIRD SECTION
DECISION
Application no. 56541/17
Sergey Vladimirovich DOBRYNIN against Russia
and 37 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 1 July 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention and the complaints under Article 13 of the Convention concerning the lack of any effective remedy in domestic law in respect of inadequate conditions of detention, were communicated to the Russian Government (“the Government”).
THE LAWJoinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.Complaints under Article 3 of the Convention (inadequate conditions of detention) and under Article 13 of the Convention (lack of any effective remedy)
In the present applications, the applicants complained of conditions of their post-conviction detention in violation of the national requirements during periods which had already come to an end (for further details see the appended table). They also argued that they did not have an effective domestic remedy to complain about those conditions at the national level. Articles 3 and 13 read:
Article 3
Prohibition of torture
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 13
Right to an effective remedy
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
The Government submitted their observations, having disputed the violations alleged. On 10 January 2020 the Government submitted additional information about the new Compensation Act and asked to treat it as a new remedy in respect of conditions of detention complaints under Articles 3 and 13 of the Convention.
The Court has recently held that applicants are required to make use of the newly introduced compensatory remedy in respect of improper conditions of past correctional detention in breach of domestic standards (see Shmelev and Others v. Russia (dec.), no. 41743/17, §§ 153-57, 17 March 2020). In the present case, the applicants complained about the conditions of their post-conviction detention which were, as indicated by the applicants, below the national standard of two square metres per person. Therefore, there are no circumstances which could justify the applicants’ failure to have recourse to the new compensatory remedy.
It follows that the complaints under Article 3 of the Convention must be rejected for non-exhaustion of domestic remedies pursuant to Article 35 §§ 1 and 4 of the Convention.
In so far as the applicants refer to Article 13 of the Convention, the Court, having regard to its conclusion concerning Article 3, finds that no separate issue arises under this provision. It finds that this complaint is manifestly ill-founded within the meaning of Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 22 July 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
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
56541/17
30/10/2017
Sergey Vladimirovich DOBRYNIN
1985
IK-11 Nizhniy Novgorod Region
01/07/2014 to
15/09/2020
6 year(s) and 2 month(s) and
15 day(s)
46 inmate(s)
1.6 m²
Using of leisure room for sleeping, no works’ tables, no place in the rest room and overcrowding of the kitchen, stench, no or restricted access to toilet, no or restricted access to running water, lack of requisite medical assistance, insufficient number of sleeping places, lack of fresh air, infestation of cell with insects/rodents.
4036/18
21/06/2018
Vyacheslav Petrovich PROSVIRIN
1971
IK-2 Zabaykalskiy Region
03/10/2017 to
03/03/2021
3 year(s) and 5 month(s) and
1 day(s)
140 inmate(s)
1.5 m²
Overcrowding, lack or inadequate furniture, no or restricted access to warm water, lack of fresh air, lack of or restricted access to leisure or educational activities, lack of cell surface to move freely between furniture items, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking.
6005/18
09/01/2018
Aleksey Petrovich TIMOFEYEV
1980
IK-11 Nizhniy Novgorod Region
01/07/2014 to
07/08/2018
4 year(s) and 1 month(s) and
7 day(s)
60 inmate(s)
1.5 m²
8 toilet(s)
Overcrowding, infestation of cell with insects/rodents.
9392/18
09/02/2018
Vyacheslav Vitalyevich TSELKOVIKOV
1983
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
22/12/2013 to
21/08/2017
3 year(s) and 8 month(s)
less than 2 m²
Overcrowding, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, lack or insufficient quantity of food, poor quality of food.
9410/18
08/02/2018
Aleksandr Nikolayevich ROZHKOV
1979
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
13/04/2016 to
12/10/2017
1 year(s) and 6 month(s)
less than 2 m²
Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, lack or insufficient quantity of food, poor quality of food.
9565/18
06/02/2018
Maksim Aleksandrovich KRAKHMAL
1988
IK-11 Nizhniy Novgorod Region
25/09/2013 to
22/09/2020
6 year(s) and 11 month(s) and
29 day(s)
1.6 m²
Overcrowding, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, bad odour in dormitory, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food.
11737/18
22/02/2018
Andrey Sergeyevich DAMANOVSKIY
1983
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
30/12/2014 to
07/11/2017
2 year(s) and 10 month(s) and
9 day(s)
100 inmate(s)
0.6 m²
Overcrowding, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light.
13055/18
28/02/2018
Andrey Vladimirovich PAVLOVSKIY
1984
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
02/12/2011 to
01/12/2017
6 year(s)
125 inmate(s)
less than 2 m²
Infestation of cell with insects/rodents, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, no or restricted access to running water, poor quality of food.
13058/18
28/02/2018
Daniil Igorevich RYBAKOV
1993
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
30/03/2016 to
29/01/2018
1 year(s) and 10 month(s)
125 inmate(s)
less than 2 m²
Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to running water, poor quality of food.
13088/18
20/02/2018
Andrey Sergeyevich NEMKOV
1987
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
20/03/2017 to
17/11/2017
7 month(s) and 29 day(s)
100 inmate(s)
0.6 m²
Lack of or insufficient electric light, infestation of cell with insects/rodents, overcrowding, poor quality of food, lack of fresh air.
13228/18
02/03/2018
Sergey Aleksandrovich DEVOCHKIN
1985
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
21/03/2017 to
28/02/2018
11 month(s) and 8 day(s)
100 inmate(s)
less than 2 m²
Overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.
13246/18
02/03/2018
Yaroslav Alekseyevich KAMYSHEV
1980
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
26/05/2013 to
03/11/2017
4 year(s) and 5 month(s) and
9 day(s)
less than 2 m²
Infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, overcrowding, mouldy or dirty cell.
13670/18
17/02/2018
Yuriy Nikolayevich KUDRYAVTSEV
1961
Shirokov Oleg Valeryevich
Nizhniy Tagil
IK-3 Sverdlovsk Region
28/05/2013 to
01/03/2019
5 year(s) and 9 month(s) and
2 day(s)
less than 2 m2
Bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient electric light, poor quality of food, lack of fresh air, inadequate temperature.
14222/18
05/03/2018
Irina Pavlovna KUCHINA
1987
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-8 Kostroma Region
17/10/2016 to
02/02/2018
1 year(s) and 3 month(s) and
17 day(s)
less than 2 m²
Inadequate temperature, infestation of cell with insects/rodents, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, lack of privacy for toilet, lack of toiletries, lack of or inadequate hygienic facilities, shower once a week.
14495/18
12/03/2018
Andrey Nikolayevich UTKIN
1981
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
01/12/2016 to
06/03/2018
1 year(s) and 3 month(s) and
6 day(s)
1.7 m²
Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, poor quality of food, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease.
14522/18
12/03/2018
Vitaliy Yuryevich YERSHOV
1990
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
20/09/2017 to
21/02/2018
5 month(s) and 2 day(s)
125 inmate(s)
1.8 m²
Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to running water, poor quality of food, lack of requisite medical assistance.
14529/18
16/03/2018
Yevgeniy Viktorovich CHUMAKOV
1983
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
10/09/2017 to
09/03/2018
6 month(s)
less than 2 m²
Infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, no or restricted access to potable water, poor quality of food.
14643/18
12/03/2018
Nikolay Vladimirovich SHATROV
1988
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
24/02/2015 to
22/02/2018
2 year(s) and 11 month(s) and
30 day(s)
120 inmate(s)
1.9 m²
Dilapidated construction, humidity and mustiness, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, lack of fresh air, overcrowding during the walk, dirty courtyard, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to running water, poor quality of food.
14690/18
12/03/2018
Beslan Shamsudinovich KHAGIYEV
1977
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-7 Kostroma Region
10/09/2011 to
09/01/2018
6 year(s) and 4 month(s)
120 inmate(s)
1 m²
No or restricted access to toilet, lack of privacy for toilet, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, small dirty courtyard, no or restricted access to potable water, poor quality of food, sharing cells with inmates infected with contagious disease.
14871/18
12/03/2018
Rufim Anatolyevich SIDOROV
1981
IK-2 Zabaykalskiy Region
24/10/2017 to
24/12/2020
3 year(s) and 2 month(s) and
1 day(s)
144 inmate(s)
1.5 m²
8 toilet(s)
Lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, lack of privacy for toilet, inadequate clothing.
14873/18
12/03/2018
Aleksandr Sergeyevich PONOMAREV
1975
Shirokov Oleg Valeryevich
Nizhniy Tagil
IK-19 Sverdlovsk Region
04/07/2016 to
29/12/2017
1 year(s) and 5 month(s) and
26 day(s)
IK-19 Sverdlovsk Region
22/01/2018 to
03/09/2019
1 year(s) and 7 month(s) and
13 day(s)
less than 2 m²
less than 2 m²
Lack of privacy for toilet, lack of or inadequate hygienic facilities, inadequate temperature, sharing cells with inmates infected with contagious disease, poor quality of food, lack of or insufficient electric light, no or restricted access to running water, passive smoking, lack of or insufficient physical exercise in fresh air.
14971/18
16/03/2018
Vladimir Nikolayevich YEVDOKIMOV
1988
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
26/07/2011 to
11/12/2017
6 year(s) and 4 month(s) and
16 day(s)
less than 2 m²
Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food.
15299/18
10/02/2018
Andrey Aleksandrovich KHORKOV
1979
Valeyev Albert Rafailovich
Nizhniy Tagil
IK-12 Sverdlovsk Region
05/11/2016 to
05/02/2019
2 year(s) and 3 month(s) and
1 day(s)
less than 2 m²
Lack of privacy for toilet, lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, sharing cells with inmates infected with contagious disease, overcrowding, lack of toiletries, no or restricted access to toilet.
15305/18
02/03/2018
Sergey Vitalyevich UGLOV
1978
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
08/06/2017 to
07/02/2018
8 month(s)
100 inmate(s)
less than 2 m²
Mouldy or dirty cell, overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air.
15802/18
14/03/2018
Aleksey Gennadyevich GLUSHICHKIN
1984
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
20/05/2011 to
20/02/2018
6 year(s) and 9 month(s) and 1 day(s)
100 inmate(s)
0.5 m²
Mouldy or dirty cell, overcrowding, poor quality of food, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient electric light.
15863/18
14/03/2018
Yelena Aleksandrovna ARISTOVA
1993
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-3 Kostroma Region
14/10/2014 to
13/12/2017
3 year(s) and 2 month(s)
100 inmate(s)
0.6 m²
Inadequate temperature, infestation of cell with insects/rodents, overcrowding, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food.
15864/18
16/03/2018
Ilya Leonidovich MIKHAYLOV
1982
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
12/07/2013 to
11/01/2018
4 year(s) and 6 month(s)
130 inmate(s)
less than 2 m²
Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease.
16964/18
23/03/2018
Aleksandr Anatolyevich KERZHENTSEV
1967
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
14/09/2012 to
25/12/2017
5 year(s) and 3 month(s) and
12 day(s)
0.6-0.9 m²
Overcrowding, infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, shower once a week, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.
17493/18
27/03/2018
Andrey Anatolyevich MALYSHEV
1980
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
22/12/2014 to
19/01/2018
3 year(s) and 29 day(s)
0.9 m²
Lack of fresh air, lack of or insufficient electric light, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease.
17496/18
27/03/2018
Nikolay Aleksandrovich MOROZOV
1967
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
06/04/2016 to
05/10/2017
1 year(s) and 6 month(s)
0.9 m²
Infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, poor quality of food, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, sharing cells with inmates infected with contagious disease.
17497/18
27/03/2018
Denis Sergeyevich KUZMIN
1987
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
10/01/2013 to
09/01/2018
5 year(s)
1.9 m²
Mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, constant electric light, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, poor quality of food.
17656/18
27/03/2018
Aleksandr Vladimirovich KEPOV
1985
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-7 Kostroma Region
14/07/2011 to
04/12/2017
6 year(s) and 4 month(s) and
21 day(s)
120 inmate(s)
1.9 m²
3 toilet(s)
Overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, sharing cells with inmates infected with contagious disease, poor quality of food.
19746/18
03/04/2018
Svyatoslav Aleksandrovich GORBUNOV
1981
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
19/09/2017 to
07/03/2018
5 month(s) and 17 day(s)
100 inmate(s)
0.6 m²
Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, no or restricted access to running water.
21009/18
10/04/2018
Ivan Aleksandrovich GERASIMOV
1982
Vinogradov Aleksandr Vladimirovich
Kostroma
IK-1 Kostroma Region
05/06/2017 to
04/04/2018
10 month(s)
130 inmate(s)
less than 2 m²
Infestation of cell with insects/rodents, overcrowding, mouldy or dirty cell, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food.
22149/18
17/04/2018
Yevgeniy Siyadovich TUMPAROV
1981
IK-11 Nizhniy Novgorod Region
01/12/2015 to
29/12/2020
5 year(s) and 29 day(s)
1.1 m²
Lack of or inadequate hygienic facilities, lack or insufficient quantity of food, lack of fresh air.
28452/18
16/05/2018
Vitaliy Vitalyevich KLYUYEV
1976
IK-11 Nizhniy Novgorod Region
17/08/2015 to
30/03/2021
5 year(s) and 7 month(s) and
14 day(s)
130 inmate(s)
1.35 m²
6 toilet(s)
Overcrowding, infestation of cell with insects/rodents, no or restricted access to shower, lack of toiletries, lack of requisite medical assistance, poor quality of food.
32333/18
29/06/2018
Igor Borisovich SAVIN
1963
IK-11 Nizhniy Novgorod Region
08/11/2016 to
16/06/2020
3 year(s) and 7 month(s) and
9 day(s)
140 inmate(s)
1.6 m²
6 toilet(s)
Overcrowding, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, no facilities for washing clothes, lack of proper conditions for eating, poor quality of potable water, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient electric light, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease, scarce space for walking in fresh air, delayed and unregular removal of food waste, poor quality of food, insufficient time for eating, lack and poor quality of supplied clothing, no or restricted access to shower, critical condition of the colony building, lack or insufficient quantity of food, lack of fresh air, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to potable water, mouldy and dirty shower.
11654/19
20/01/2019
Roman Nikolayevich DENEZHKIN
1981
IK-8 Komi Republic
05/08/2014 to
07/04/2021
6 year(s) and 8 month(s) and
3 day(s)
60 inmate(s)
< 1,2 m²
Overcrowding, no or restricted access to toilet, no or restricted access to warm water.
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