Published on 8 January 2024
THIRD SECTION
Application no. 20864/18
Nikolay Yuryevich KISLOV against Russia
and 8 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 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 3 of the Convention relating to inadequate conditions of detention after conviction which are the subject of well-established case law of the Court (see Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013).
APPENDIX – STATEMENT OF FACTS
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
Domestic award (in euros)
Other complaints under well-established case-law
20864/18*
15/06/2018
Nikolay Yuryevich KISLOV
1989
IK-5 Krasnoyarsk Region
27/03/2016 to
11/11/2020
4 year(s) and 7 month(s) and 16 day(s)
110 inmate(s)
2.1-2.5 m²
4 toilet(s)
overcrowding, mouldy or dirty cell, inadequate temperature, lack of or insufficient electric light, insufficient number of toilets and wash basins, lack of privacy for toilet, lack of fresh air, poor quality of food, lack or insufficient quantity of food, insufficient space of the TV and dining rooms
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, conditions of detention during transport and in respect of torture or inhuman or degrading treatment,
Art. 3 - inadequate conditions of detention during transport - transfer for 2 hours on 30/10/2020 from IK-5 Krasnoyarsk Region to Transit Unit of IK-6 Krasnoyarsk Region by van; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air; 0.3 sq.m; transfer on 04/10/2021 by train - 10 inmates held in the compartment; the transfer lasted 15 hours; no individual sleeping place; restricted access to toilet,
Art. 14 - prohibition of discrimination - in respect of Art. 3 - prisoner hierarchy,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - The applicant also claims that during his detention starting from 11/09/2021 in SIZO-1 Krasnoyarsk, IK-5 and IK-6 Krasnoyarsk Region, UKP-31 and KP-41 he was under constant video surveillance (detention in different cells with video surveillance, opposite-sex operators),
Art. 3 - inhuman and degrading treatment of "outcast" inmates as a result of segregation, humiliating practices and abuse in their daily life while in detention, heightened risk of inter-prisoner violence (prison hierarchy) (S.P. and Others v. Russia, 36463/11).
The applicant complains of the informal hierarchy in detention facilities since 11/09/2021 (SIZO-1 in Krasnoyarsk, IK-5 and IK-6 in Krasnoyarsk Region, UKP-31, KP‑41) and his discrimination by his inmates and personnel of the detention facilities because of his status as “red” (вязаный). In particular, he claims that he has been forced on multiple occasions to clean cells and other prison territories and has been prevented from using the same facilities as his inmates belonging to the privileged group of prisoners (was not allowed to eat at the allocated place, could not watch TV when the “men” were there). He also alleges that he has been beaten by the latter on several occasions, however, has not produced any evidence thereof or copies of his complaints regarding that matter. The applicant also claims that in all of these detention facilities he was under constant video surveillance (detention in different cells with video surveillance, opposite-sex operators).
44775/18*
06/08/2018
Vugar Salekhovich GUMBATOV
1987
IK-23 Irkutsk Region
18/01/2018 to
04/01/2019
11 month(s) and 18 day(s)
100 inmate(s)
10 toilet(s)
overcrowding, no or restricted access to warm water, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of wash basins, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and conditions of transport,
Art. 3 - inadequate conditions of detention during transport - Transfer to the colony by van from 14/11/2018 to 17/11/2018 (two transfers, each lasted about 11 hours): overcrowding, no or restricted access to toilet
6166/19*
27/12/2018
Ivan Anatolyevich NIKITIN
1981
Yevgeniy Valeryevich Kulakov
Arkhangelsk
IK-1 Arkhangelsk
08/12/2011 to
28/09/2019
7 year(s) and 9 month(s) and 21 day(s)
80 inmate(s)
1.7 m²
5 toilet(s)
lack of privacy for toilet, overcrowding, infestation of cell with insects/rodents, inadequate temperature
223
Supreme Court of the Russian Federation, 17/01/2022
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
1647/20
16/12/2019
Vitaliy Aleksandrovich NAZARENKO
1982
IK-5 Krasnoyarsk Region
23/04/2015 to
13/09/2019
4 year(s) and 4 month(s) and 22 day(s)
100 inmate(s)
3.2-3.8 m²
4 toilet(s)
lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
2936/20*
10/12/2019
Eduard Viktorovich LAPSHOV
1983
IK-25 Komi Republic
07/11/2014 to
18/04/2022
7 year(s) and 5 month(s) and 12 day(s)
150 inmate(s)
bunk beds, overcrowding, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote (elections to the State Duma of 17‑19/09/2021)
13817/20
26/02/2020
Denis Gennadyevich KONSTANTINOV
1988
Valeriya Alekseyevna Konstantinova
Dolgoprudnyy
FKU-T Ulyanovsk Region
26/01/2018
pending as of 16/09/2022
More than 4 year(s)
3.25 m²
overcrowding, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of clothes, lack of fresh air, inadequate temperature, lack of or insufficient quantity of food, lack of or insufficient natural light
49513/21
21/09/2021
Dmitriy Aleksandrovich PASHIYEV
1990
IK-10 Yekaterinburg
02/03/2015 to
02/07/2019
4 year(s) and 4 month(s) and 1 day(s)
1.1-1.6 m²
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of requisite medical assistance
549,
Supreme Court of the Russian Federation, 04/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
14034/22*
17/02/2022
Ivan Borisovich KIRENKOV
1987
IK-8 Komi Republic
06/06/2018 pending as of 16/09/2022
4 year(s) and 3 month(s) and 11 day(s)
130 inmate(s)
1.4 m²
4 toilet(s)
lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention and in respect of the conditions of detention,
Art. 3 - inadequate medical treatment in detention – since 06/06/2018 and pending as of 16/09/2022; period of
4 year(s) and 3 month(s) and 11 day(s)
tuberculosis, HIV/AIDS, heart condition, hepatitis, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy
On 05/2020 the Syktyvkar Town Court of the Komi Republic found that the medical assistance provided to the applicant was not adequate and awarded him RUB 20,000.
28951/23
05/07/2023
Aleksandr Nikolayevich KIRILLOV
1976
Roman Nikolayevich Petrov
Cheboksary
IK-11 Nizhniy Novgorod Region
13/03/2017 to
14/09/2021
4 year(s) and 6 month(s) and 2 day(s)
120 inmate(s)
1.5 m²
5 toilet(s)
infestation of cell with insects/rodents, lack of or insufficient electric light, lack of fresh air, poor quality of food
850,
Supreme Court of the Russian Federation, 06/03/2023
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