Published on 24 April 2023
FIFTH SECTION
Application no. 35052/18
Vladimir Alekseyevich KRIVOSHEIN against Russia
and 13 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 March 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
35052/18*
12/09/2018
Vladimir Alekseyevich KRIVOSHEIN
1955
LIU-32 Krasnoyarsk Region
09/09/2020 - 17/03/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
47339/18*
21/09/2018
Konstantin Gennadyevich CHERNENKO
1978
IK-18
Yamalo-Nenetskiy Region
January 2017 - 27/12/2020
opposite-sex operators
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in a metal cage between 16/07/2021 and 20/12/2021 in various proceedings in courtrooms of Kuybyshevskiy District Court of Irkutsk, Pervomayskiy District Court of Kirov, Permskiy District Court of the Perm Region, Amursk Town Court, Nikolayevsk-on-Amur Town Court, Labytnangi Town Court, Khabarovsk Regional Court ( by video link from IK-6 Khabarovsk Region);
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 - inadequate conditions of detention after conviction - IK-18 Yamalo-Nenetskiy Region from 07/07/2007 to 14/08/2018, 3 sq. m personal space, overcrowding, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, passive smoking, lack of or insufficient natural light, inadequate temperature, lack of or insufficient electric light, poor quality of food, no or restricted access to shower, mouldy or dirty cell, infestation of cell with insects/rodents.
29789/19*
28/06/2019
Dmitriy Viktorovich KHLEBNIKOV
1988
IK-42 Krasnoyarsk Region
24/12/2019 - 02/02/2021
opposite-sex operators
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in metal cages during court hearings in the Oktyabrskiy District Court of Krasnoyarsk between 27/09/2018 and 30/04/2019;
Art. 3 - inadequate conditions of detention during transport - inadequate conditions of transport in a van on 24/12/2019, 550 km, 10 hours; 12 to 18 inmates per compartment measuring 3 sq. m; no heating, insufficient lighting;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
61214/19*
08/08/2019
Maksim Yuryevich SAMOFALOV
1986
IK-18 Yamalo-Nenetskiy Region
27/03/2007 – pending on the date when the applicant has lodged his application with the Court
opposite-sex operators
Art. 3 - use of metal cages and/or other security arrangements in courtrooms. placement in a metal cage during hearings in civil proceedings in which he participated by means of a video link on 22/07/2020, 07/08/2020 and 20/08/2020 in the Verkhnyaya Pyshma Town Court of the Sverdlovsk Region and the Salekhard Town Court of the Yamalo-Nenetskiy Region;
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.
64339/19*
18/11/2019
Vadim Sergeyevich KOMORNIKOV
1988
IK-1 Komi Republic
22/05/2020 – pending on the date when the applicant has lodged his application with the Court
opposite-sex operators
Art. 3 - inadequate conditions of detention during transport - train; 02-03/11/2019;
14-15/11/2019, 19-20/01/2020; overcrowding; lack of fresh air, restricted access to toilet, no individual sleeping place; trip lasted 32, 16 and 16 hours, respectively (introduction date - 14/02/2020); train 22-24/05/2020 and 26-27/08/2020, 0.4 sq. m., overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, lack of or insufficient electric light, lack of or insufficient natural light (introduced on 16/02/2021);
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, in respect of placement in a metal cage in court hearings and in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings at the Ukhta Town Court of the Komi Republic during 01/02/2019-24/10/2019.
15054/20*
10/03/2020
Ramil Gadzhimustafayevich IBRAGIMOV
1983
IK-6 Khabarovsk Region
09/04/2018 – pending on the date when the applicant has lodged his application with the Court
opposite-sex operators, detention in different cells with video surveillance
2748/21*
11/12/2020
Vladimir Vasilyevich KAZARINOV
1983
IK-25 Komi Republic
16/04/2010 – pending on the date when the applicant has lodged his application with the Court
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 3 - inadequate conditions of detention after conviction - in IK-25 Komi Republic since 16/04/2010 and ongoing on the date when the applicant has lodged his application with the Court (1.5 to 3 sq. m. per inmate, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, overcrowding, passive smoking, poor quality of food);
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities;
Art. 3 - inadequate conditions of detention during transport - transport by train from 14/08/2020 to 15/08/2020; lack of fresh air; lack of or insufficient electric light no or restricted access to toilet; insufficient number of sleeping places; overcrowding.
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - Inability to take part in the parliamentary elections (State Duma) in 2021;
Art. 14 - prohibition of discrimination in conjunction with Article 3 of Protocol No. 1.
13289/21*
08/02/2021
Yevgeniy Grigoryevich SHULAYEV
1980
IK-6 Khabarovsk Region
22/09/2011 - pending
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 various occasions the applicant participated in court proceedings via video link and also being placed each time in the detention facility in a cage (Minusinsky District Court of the Krasnoyarsk Region, from 15/09/2020 to 08/10/2020; Ivdel Town Court of the Sverdlovsk Region, on 08/10/2020, Sovyetskiy District Court of Ulan-Ude, from 09/09/2020 to 14/10/2020, Sol-Iletsky District Court of the Orenburg Region, from 09/11/2020 to 11/01/2021, Supreme Court of the Republic of Buryatia, on 21/01/2021, Krasnoyarsk Regional Court, from 15/02/2021 to 03/03/2021, Oktyabrskiy District Court of Ulan-Ude on 19/04/2021 and 12/05/2021, Minusinsk Town Court on 14/05/2021, 8-th Cassation Court on 03/06/2021, Supreme Court of Buryatia on 28/07/2021, Supreme Court of Buryatia (via video link from IK-6, Khabarovsk Region) on 07/10/2021;
Art. 3 - inadequate conditions of detention under strict imprisonment regime - conditions of detention under strict regime in IK-6 Khabarovsk Region between 22/09/2011 - 31/07/2019 and 26/08/2019 - 22/09/2021 (N.T. v. Russia, no. 14727/11, 2 June 2020).
33417/21*
16/06/2021
Yakov Dmitriyevich TOLSTIKHIN
1991
IK-42 Krasnoyarsk Region, IK-5 Krasnoyarsk Region
07/08/2015-18/02/2021
16/03/2021 – pending on the date when the applicant has lodged his application 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.
46021/21*
25/08/2021
Yevgeniy Aleksandrovich TERENTYEV
1987
IK-19 Komi Republic
30/12/2020-19/08/2021
detention in different cells with video surveillance, 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.
58443/21
11/11/2021
Petr Sergeyevich TALONPOYKO
1995
IK-1 Komi Republic
23/03/2021 – pending on the date when the applicant has lodged his application with the Court
opposite-sex operators
Art. 3 - inadequate conditions of detention during transport - van, train from 20/11/2021 to 24/11/2021; overcrowding (<0.5 m²), inadequate temperature, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient quantity of food, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to warm water;
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 of detention during transport.
61655/21*
29/11/2021
Sergey Andreyevich PARFENOV
1984
IZ-1 Irkutsk
08/10/2021 – pending on the date when the applicant has lodged his application with the Court
detention in different cells with video surveillance
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 - (refusal of family visits and telephone calls pending criminal proceedings against the applicant);
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Irkutsk Region since 08/10/2021 – and on-going on the date when the applicant has lodged his application with the Court; refusals of long-term and short-term family visits and telephone calls. The last request was dismissed on 25/03/2022. Telephone calls were also not allowed;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - 08/10/2021, 02/12/2021 Oktyabrskiy District Court of Irkutsk, Kirovskiy Regional Court of Irkutsk 29/10/2021, 24/12/2021 video-link from SIZO-1 Irkutsk Region;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
1498/22
03/12/2021
Vladimir Arkadyevich ZHURAVLEV
1961
SIZO-1 Irkutsk
01/03/2020 – pending on the date when the applicant has lodged his application with the Court
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 and in respect of the use of metal cages in court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - hearings on extension of detention at court premises, 01/03/2020-18/11/2021, Oktyabrskiy District Court of Irkutsk, Irkutsk Regional Court;
Art. 5 (3) - excessive length of pre-trial detention - from 28/02/2020 and ongoing on the date when the applicant has lodged his application with the Court; detention orders issued by the Oktyabrsky District Court of Irkutsk, upheld by the Irkutsk Regional Court: fragility of reasons employed by the court, failure to consider alternative measures.
12208/22
15/01/2022
Oksana Andreyevna MAKSIMOVA
1991
SIZO-1 Novosibirsk Region
16/11/2018-pending on the date when the applicant has lodged his application 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;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in the Zheleznodorozhnyy District Court of Novosibirsk, 16/11/2018 - pending on the date when the applicant has lodged his application with the Court.