THIRD SECTION
DECISION
Application no. 33856/17
Ilgiz Yagafarovich KHALIKOV against Russia
and 4 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 15 September 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, 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 after conviction were communicated to the Russian Government (“the Government”). Some of the applicant further referred to Article 13 of the Convention.
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Articles 3 and 13 of the Convention (inadequate conditions of detention after conviction and alleged lack of a domestic remedy in that regard)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). Some of them 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 as follows:
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 the 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 13 October 2022.
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
Other complaints
33856/17
09/08/2017
Ilgiz Yagafarovich KHALIKOV
1969
IK-1 Sverdlovsk Region
11/07/2015 - 05/07/2019
3 year(s) and 11 month(s) and 25 day(s)
overcrowding, lack of fresh air, no or restricted access to shower, sharing cells with inmates infected with contagious disease, lack of or insufficient physical exercise in fresh air, disruption of sleep by facility officials, poor ecological situation of the facility
33931/17
18/04/2017
Yuriy Aleksandrovich RYBAKIN
1984
IK-5 Krasnoyarsk Region
10/06/2016 - 17/01/2022
5 year(s) and 7 month(s) and 8 day(s)
180 inmate(s)
1.3 m²
7 toilet(s)
lack of privacy for toilet, no or restricted access to running water, inadequate temperature, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack or inadequate furniture
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
14366/18
06/03/2018
Dilovar Kamarovich GULOMOV
1985
IK-11 Nizhniy Novgorod Region
01/12/2014 - 27/08/2018
3 year(s) and 8 month(s) and 27 day(s)
20 inmate(s)
1.8 m²
use of educational room for habitation, lack of tables, no ventilation, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, overcrowding during the walk, lack of requisite medical assistance, poor quality of food, lack or inadequate furniture, mouldy or dirty cell
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
18338/18
03/08/2017
Leonid Aleksandrovich KARMANNIKOV
1985
OIK-36 IK-5 Krasnoyarsk Region
26/09/2016 - 29/05/2017
8 month(s) and 4 day(s)
155 inmate(s)
1-1.2 m²
7 toilet(s)
no or restricted access to toilet, lack of or inadequate hygienic facilities
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
27882/18
15/05/2018
Andrey Yuryevich CHUYKOV
1979
Sergey Vasilyevich Belous
Nizhekamsk
IK-6 Chuvashia Republic
22/10/2000 - 20/04/2018
17 year(s) and 5 month(s) and 30 day(s)
1-1.5 m2
overcrowding, lack of requisite medical assistance, inadequate temperature, no or restricted access to running water, lack of privacy for toilet, no or restricted access to warm water, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of ventilation, poor quality of food, no access to sport’s facilities