Published on 27 March 2023
THIRD SECTION
Application no. 22083/19
Yuriy Sergeyevich ILYICHEV 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 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
Representative’s name and location
Detention facility
Period of detention
Specific circumstances
Other complaints under
well-established case-law
22083/19*
08/04/2019
Yuriy Sergeyevich ILYICHEV
1990
IK-25 Komi Republic
04/09/2017 - pending
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 to complain about inadequate conditions of transport and permanent video surveillance
Art. 3 - inadequate conditions of detention during transport - poor conditions of transport (train and van) on 05/03/2019 and 11/03/2019; Specific grievances: overcrowding, no access to toilet, no access to potable water, lack of fresh air; each transfer lasted 4 hours; 7 inmates were placed in a train compartment measuring 1.9 m by 1.8 m (0,48 sq.m. per person)
31099/19*
15/05/2019
Mikhail Valeryevich KUZNETSOV
1970
IK-5 Krasnoyarsk Region
19/12/2009 - 02/07/2021
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
15104/20*
02/03/2020
Household
Cheslav Cheslavich POPOV
1982
Lina Cheslavna ALEKSEYEVA
2013
Lev Cheslavich POPOV
2016
IVS Krasnoyarsk Region
17/05/2018 - 19/12/2019
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 8 (1) - restrictions on family visits in pre-trial facilities - The applicant has been detained in SIZO-1 Krasnoyarsk since 09/05/2017. Physical separation and supervision during short-term family visits, refusal of long-term family visits with his wife (until 19/05/2020 (divorce)) and three children
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. 13 - lack of any effective remedy in domestic law - in respect of refusals of long-term visits in pre-trial detention
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings at the Krasnoyarsk Regional Court during 18/02/2019-05/09/2019
24308/21
14/04/2021
Georgiy Romanovich BABAYAN
1990
IK-29 Komi Republic
IK-31 Komi Republic
24/08/2019 - 28/11/2020
29/11/2020 - 01/09/2021
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 and in respect of allocation to a remote detention facility
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - The applicant has been serving a prison sentence in IK-29 and IK‑31 in Komi Republic which is approximately 3,500 km away from the Stavropol Region where his parents reside
25906/21*
28/04/2021
Roman Andreyevich VOLKOV
1978
Andrey Yevgenyevich Golubenko
Krasnodar
SIZO-1 Tomsk
29/12/2017 - pending
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 in a metal cage during the hearings in the Leninskiy District Court of Tomsk from 20/01/2020 to 19/04/2021
Art. 3 - inadequate conditions of detention - Inadequate conditions of detention in SIZO‑1, Tomsk, since 29/07/2017 (2,5 sq. m of personal space, inadequate temperature, lack of fresh air, lack of privacy for toilet, lack of requisite medical assistance, mouldy or dirty cell, overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower, constant electric light)
Art. 8 (1) - restrictions on family visits in pre-trial facilities - physical separation and supervision during short-term family visits and no possibility to have long-term family visits in SIZO-1, Tomsk, since 29/12/2017
35438/21*
01/06/2021
Maksim Vladimirovich TSVIGUNOV
1982
SIZO-1 Komi Republic
06/2020 - 04/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of the complaints under Articles 3 and 8
Art. 3 - inadequate conditions of detention during transport - train, van; from 27/07/2021 to 28/07/2021 (12 hours); Specific grievances: insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, overcrowding, lack of or insufficient electric light.
41484/21*
27/07/2021
Ilya Valeryevich KAZNACHEYEV
1974
IK-8 Komi Republic
24/10/2019 - 23/06/2021
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 - from 14/04/2021 to 09/07/2021, Murmansk Regional Court, the applicant was placed in a metal cage when participating in court hearings by means of a video link
58843/21*
01/11/2021
Ruslan Aleksandrovich OSIPOV
2001
SIZO-1 Komi Republic
23/04/2020 - pending
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