THIRD SECTION
DECISION
Application no. 48013/16
Aleksey Gennadyevich KUDRYAVTSEV
against Russia
The European Court of Human Rights (Third Section), sitting on 14 May 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 May 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of effective remedies in that respect were communicated to the Russian Government (“the Government”).
THE LAWComplaints under Articles 3 and 13 of the Convention concerning detention in a remand prison
The applicant complained under Article 3 of the Convention about the conditions of detention in a remand prison (see the appended table) and the absence of effective domestic remedies in this respect. The Court observes that these complaints are substantially the same as those raised by the applicant in application no. 68362/14 and examined by the Court in the case of Maznev and Others v. Russia (nos. 48826/08 and 5 others, 22 June 2017).
Accordingly, these complaints must be rejected in accordance with Article 35 §§ 2 (b) and 4 of the Convention.Remaining complaint
The applicant also raised a complaint under Article 3 of the Convention concerning the conditions of his detention in a temporary detention facility (IVS) in the Pushkinskiy District of St Petersburg.
The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 4 June 2020.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 3 and Article 13 of the Convention
(inadequate conditions of detention)
Application no.
Date of introduction
Applicant’s name
Date of birth
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
48013/16
20/05/2016
Aleksey Gennadyevich KUDRYAVTSEV
01/12/1961
IZ-47/1 St Petersburg
12/05/2013 to
03/10/2016
3 year(s) and 4 months and 22 days
4 inmates
2.5 m²
overcrowding, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to warm water, poor quality of food
Full & Egal Universal Law Academy