Published on 27 March 2023
THIRD SECTION
Application no. 35012/19
Artem Markovich LUKASHCHUK against Russia
and 7 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 10 March 2022, 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 5 § 3 of the Convention relating to excessive length of pre-trial detention which are the subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Period of detention
Court which issued detention order/examined appeal
Length of detention
Specific defects
Other complaints under well-established case-law
35012/19*
21/06/2019
Artem Markovich LUKASHCHUK
2000
19/10/2018 - 29/06/2020
Shuyskiy Town Court of Ivanovo Region
Ivanovo Region Court
1 year and 8 months and 11 days
failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a glass cabin in the Shuyskiy Town Court of the Ivanovo Region and in a metal cage in the Ivanovo Regional Court between 17/05/2019 and 29/06/2020.
52734/19*
23/09/2019
Yuriy Anatolyevich YEKISHEV
1964
Svetlana Igorevna Dobrovolskaya
Moscow
11/04/2019 - pending
Khamovnicheskiy District Court of Moscow
Moscow City Court
First Court of Appeal
More than 2 years and 9 months and 17 days
failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Khamovnicheskiy District Court, pending since 13/04/2019.
47285/20*
05/10/2020
Nikolay Sergeyevich SMIRNOV
1985
03/07/2020 - 22/04/2021
15/10/2021 - pending
Perm Regional Court
Seventh Cassation Court of Common Jurisdiction
9 months and 20 days
More than 4 months and 8 days
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention
Art. 13 - lack of an effective remedy against refusals of short-term family visits;
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Perm Region - refusal of long-term family visits, refusal of short-term family visits, refusal of phone calls with the wife.
50738/20*
26/10/2020
Denis Yevgenyevich BONDAREV
1997
Irina Yuryevna Balysheva
Cherepanovo
22/05/2020 - pending
Pervomayskiy District Court of Novosibirsk
Novosibirsk Regional Court
More than 1 years and 8 months and 6 days
fragility of the reasons employed by the courts;
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
failure to examine the possibility of applying other measures of restraint
52777/20*
16/04/2021
Vitaliy Vladimirovich GURTOVOY
1982
04/11/2019 -26/07/2021
Norilsk Town Court
Tsentralnyy District Court of Krasnoyarsk
1 year and 8 months and 23 days
failure to conduct the proceedings with due diligence during the period of detention
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention –
Tsentralnyy District Court of Krasnoyarsk 03/02/2020 - Krasnoyarsk Regional Court 25/03/2021 (the appeal was lodged on 10/02/2021),
Tsentralnyy District Court of Krasnoyarsk 26/05/2021 - Krasnoyarsk Regional Court 27/07/2021 (the appeal was lodged on 31/05/2021);
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - On 29 occasions the applicant was held in a metal cage during the court hearings in the course of the criminal proceedings against him: Norilsk Town Court and Tsentralnyy District Court of Krasnoyarsk: from 04/11/2019 to 26/07/2021.
9041/21*
12/01/2021
Ivan Pavlovich YEZHOV
1987
Ayndi Khamzatovich Isayev
Krasnoyarsk
03/04/2020 - pending
Kirovskiy District Court of Krasnoyarsk
Zheleznodorozhnyy District Court of Krasnoyarsk
Krasnoyarsk Regional Court
Fifth Appellate Court of General Jurisdiction
More than 1 year and 9 months and 25 days
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;
failure to conduct the proceedings with due diligence during the period of detention
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court of General Jurisdiction, since 07/04/2020;
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;
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - refusal of long-term family visits. The applicant is in SIZO-1 Krasnoyarsk Region since 07/04/2020. He requested long-term visits on several occasions from the SIZO administration but to no avail; physical separation during short-term visits.
13046/21*
14/02/2021
Roman Nikolayevich TARASENKO
1987
16/11/2015 - pending
Arkhangelsk Regional Court,
Second Appeal Court
More than 6 years and 2 months and 12 days
failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of conditions of detention pending trial when the detention is currently ongoing;
Art. 3 - inadequate conditions of detention during transport - multiple transfers between the remand prison and the courthouse since 25/01/2017: inadequate temperature, lack of fresh air, overcrowding; the applicant is transported with 14 inmates while the maximum capacity of a prison van is 9 persons (0.3 sq. m. of personal space);
Art. 3 - inadequate conditions of detention - since 18/11/2015: overcrowding
(1-1,5 sq. m. of personal space), lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of privacy for toilet, lack of fresh air, infestation of cell with insects/rodents, insufficient number of sleeping places, sharing cells with inmates infected with contagious disease, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, passive smoking, lack of or insufficient physical exercise in fresh air.
15402/21*
07/03/2021
Aleksandr Alekseyevich KISELEV
1992
Vyacheslav Vasilyevich Savin
Stavropol
22/07/2020 - pending
Leninskiy District Court of Stavropol
Stavropol Regional Court
More than 1 year and 6 months and 6 days
use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint