Published on 30 May 2023
FIFTH SECTION
Application no. 47699/19
Artem Kamilyevich KHATYPOV against Russia
and 25 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 2023, 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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities which are the subject of well‑established case law of the Court (see Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 8 § 1 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Detention facility
Period of detention
Specific circumstances
Other complaints under well-established case-law
47699/19
08/08/2019
Artem Kamilyevich KHATYPOV
1990
SIZO-1 Komi Republic,
IK-1 Komi Republic
06/05/2021 -
15/07/2021
11/11/2020 - 11/02/2021
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of placement in a metal cage during court hearings
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - on 24/05/2021 the applicant was placed in a metal cage while he participated in a court hearing by means of a video link (the complaint was introduced on 08/06/2021)
Art. 3 - inadequate conditions of detention during transport - poor conditions of detention during transport by vans, trains on several occasions between 14/06/2019-06/08/2020: insufficient number of sleeping places, overcrowding, no or restricted access to toilet
34096/20*
04/06/2021
Dzharakhudzha Safarkhudzhayevich ABDULLOYEV
1987
IK-42 Krasnoyarsk Region
11/04/2019-18/02/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
44448/20*
05/10/2020
Artem Dmitriyevich PASICHENKO
1997
SIZO-1 St Petersburg
16/07/2020 - 16/01/2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 3 - inadequate conditions of detention during transport - transport by train from Bryansk to St Petersburg from 29 to 30/06/2020; lack or insufficient quality of food; in the letter received by the Court on 16/03/2021 the applicant. complains about transport on 16/01/2021 (St Petersburg - Vologda by train), 27/01/2021 (Vologda - Kirov by train), 06/02/2021 (2 hours in a van and Kirov - Yekaterinburg by train) raising overcrowding, passive smoking, lack of heating and ventilation
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings at 224th Garrison Military Court during 30/06/2020 - 11/08/2020
47007/20
17/03/2021
Dmitriy Viktorovich LEBEDINTSEV
1975
IK-5 Krasnoyarsk Region
19/02/2020 - ongoing on the date when the application was lodged
detention in different cells with video surveillance, opposite-sex operators
52653/20*
11/01/2021
Sergey Nikolayevich BUSHMANOV
1984
IZ-1
St Petersburg, psychiatric hospital no. 6 of St Petersburg
25/03/2020 - 02/09/2020; 02/09/2020 - 30/09/2020; 30/09/2020 - ongoing on the date when the application was lodged
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 - detention in a metal cage in the hearings from the Vyborgskiy District Court of St Petersburg between 25/03/2020 and 18/11/2020
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of placement in metal cage
Art. 5 (3) - excessive length of pre-trial detention - from 23/03/2020 - ongoing on the date when the application was lodged
(latest statement of appeal submitted was lodged on 25/09/2020)
55752/20
14/01/2021
Timur Amrailovich ALLAKHVERDIYEV
1991
IK-31 Komi Republic
20/04/2020-20/02/2021
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
9356/21
19/07/2021
Aleksey Vladimirovich TASKIN
1985
IK-5 Krasnoyarsk Region
29/06/2019 - ongoing on the date when the application was lodged
opposite-sex operators
Art. 3 - inadequate conditions of detention after conviction - IK-5 Krasnoyarsk Region, form 29/06/2016 to 17/03/2021, personal space 3.33 sq. m, 170 inmates in a brigade,
5 toilets, bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions during transport
Art. 3 - inadequate conditions of detention during transport - van, on numerous occasions from 17/03/2021 to 12/04/2021, lack of fresh air, no or restricted access to potable water, overcrowding, no or restricted access to toilet
22252/21*
14/04/2021
Artur Rafikovich RAGIMOV
1986
IK-18 Yamalo-Nenetsk Region, IK-6 Khabarovsk Region
17/11/2006 -ongoing on the date when the application was lodged
detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
30954/21
14/05/2021
Shakhban Sultanovich GERIMSULTANOV
1971
IK-25 Komi Republic
01/01/2020 - ongoing on the date when the application was lodged
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
30974/21*
14/05/2021
Abdurauf Ravshanovich SUVANOV
1990
IK-25 Komi Republic
16/09/2020 - ongoing on the date when the application was lodged
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
30976/21
10/05/2021
Narkuzi Abdusattarovich ANARKULOV
1976
IK-25 Komi Republic
01/06/2019 - ongoing on the date when the application was lodged
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
31272/21
26/05/2021
Asliddin Talabshoyevich NAZAROV
1988
IK-25 Komi Republic
2010 - ongoing on the date when the application was lodged
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
31584/21
24/07/2021
Oleg Yuryevich BOCHAROV
1981
IK-49 Komi Republic
18/08/2016 - 01/11/2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
32736/21*
28/05/2021
Aleksey Viktorovich BOGDANOV
1974
IK-6 Khabarovsk Region
26/06/2019 - ongoing on the date when the application was lodged
opposite-sex operators, detention in different cells with video surveillance
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the hearings (via video-link) in Sol-Iletskiy and Leninskiy District Courts of Orenburg from 04/02/2021 to 15/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
34147/21*
20/08/2021
Kirill Gennadyevich PERMINOV
1992
IK-25 Komi Republic
21/05/2018-ongoing on the date when the application was lodged
opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room
43124/21
22/04/2021
Stanislav Olegovich MARTYNENKO
1984
IK-25 Komi Republic
18/12/2019 –
ongoing on the date when the application was lodged
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
43535/21
09/08/2021
Vitaliy Gennadyevich SHMONIN
1987
IK-19 Komi Republic
09/08/2021 - ongoing on the date when the application was lodged
opposite-sex operators, video surveillance in a lavatory and/or shower room
43732/21
11/08/2021
Aleksandr Nikolayevich MILEKHIN
1995
IK-25 Komi Republic
17/12/2017 ongoing on the date when the application was lodged
opposite-sex operators, disciplinary cells
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
43749/21
06/08/2021
Vitaliy Yuryevich SAFONOV
1982
IK-49 Komi Republic
02/03/2017
ongoing on the date when the application was lodged
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
43899/21*
11/08/2021
Arayk Ashotovich TARPOSHYAN
1987
IK-25 Komi Republic
15/04/2018 - 27/03/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
10311/22*
18/03/2022
Sergey Nikolayevich MIGUNOV
1973
FKU Tyurma Krasnoyarsk Region
08/10/2021-ongoing on the date when the application was lodged
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
10647/22*
01/02/2022
Vadim Mikhaylovich ROZANOV
1977
SIZO-1 St Petersburg
18/05/2021 - 05/01/2022
video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of the inadequate conditions during transport
Art. 3 - inadequate conditions of detention during transport - multiple transfers between the remand prison and the courthouse between 15/05/2021 and 06/12/2021 in an overcrowded van. Transfers lasted 2 to 4 hours
10679/22
25/01/2022
Gamzat Umarovich ABDUSAMADOV
1991
IK-31 Komi Republic
11/05/2017-25/01/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
11652/22
16/02/2022
Vasiliy Alekseyevich FRANCHUK
1987
IK-29 Kirov Region
October 2020 - September 2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
11736/22
16/02/2022
Mikhail Andreyevich SEMYKIN
1990
IK-29 Kirov Region
03/08/2017-ongoing on the date when the application was lodged
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
13219/22*
09/02/2022
Oleg Olegovich LYUSHENKO
1988
IVS Vyshny Volochyok, SIZO-1 Tver Region, SIZO-1 Yaroslavl
10/12/2019 - 08/11/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities