Communicated on 24 January 2020
Published on 10 February 2020
THIRD SECTION
Application no. 1275/17
Georgiy Aleksandrovich MARKELOV and others
against Russia
lodged on 24 December 2016
STATEMENT OF FACTS
A list of the applicants is set out in Appendix I below.
The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
The applicants were found guilty of administrative offences and sentenced to an administrative detention. The courts heard the cases in the absence of a prosecuting party.
The applicants served sentences in the detention centre for administrative offenders in appalling conditions. The cells were overcrowded. The number of inmates exceeded the number of beds in the cell. No bed sheets were provided and the inmates had to sleep on the mattresses which were old and dirty. There was no dining table. The toilet was separated from the living area of the cell by a cardboard panel which was 50 cm high and offered no privacy. The food and tea were distributed in dirty bowls and mugs. The cutlery was dirty too. The soup and the main course were served in the same bowl. The food was scarce and of low quality and little variety. The cell was poorly lit and had no ventilation. There was no shower. The inmates were allowed one-hour daily exercise and were confined in the cell for the rest of the day.
The details pertaining to each application appear in Appendices II and III below.
COMPLAINTS
The applicants complain under Article 3 of the Convention about the condition of their detention in the detention centre for administrative offenders.
The applicants complain under Article 6 of the Convention that the court which dealt with their cases was not impartial.
QUESTIONS TO THE PARTIES
1. Were the conditions of the applicants’ detention at the special detention centre for administrative offenders, in particular, allocation of personal space to the inmates, freedom of movement, out-of-cell activities and general appropriateness of the detention facility, compatible with Article 3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, §§ 91-173, 20 October 2016)?
2. Were the courts which dealt with the applicants’ cases impartial, as required by Article 6 § 1 of the Convention (see Karelin v. Russia, no. 926/08, §§ 38-85, 20 September 2016)?
APPENDIX I
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1
Georgiy Aleksandrovich MARKELOV
12/06/1974
Russian
Minskoye, Kostroma Region
2
Vyacheslav Yuryevich DANILIV
16/02/1962
Russian
Kostroma
3
Aleksandr Aleksandrovich LEBEDEV
29/03/1970
Russian
Kostroma
4
Yevgeniy Vladimirovich NAPALKOV
15/03/1959
Russian
Kostroma
APPENDIX II
Administrative proceedings in respect of the applicants
No.
Applicant
Administrative proceedings
Administrative charge
Date of the administrative offence and preparation of the administrative record
First level of jurisdiction
Sentence
1.
G. Markelov
Public intoxication
16 November 2016
17 November 2016, justice of the peace of judicial circuit no. 11 of the Leninskiy Judicial District of Kostroma
3 days’ administrative detention
2.
V. Daniliv
Public intoxication
Not known
31 August 2016, justice of the peace of judicial circuit no. 13 of the Dimitrovskiy Judicial District of Kostroma
9 days’ administrative detention
3.
A. Lebedev
Unauthorised use of drugs
21 September 2016
5 November 2016, justice of the peace of judicial circuit no. 9 of the Leninskiy Judicial District of Kostroma
10 days’ administrative detention
4.
Ye. Napalkov
Public intoxication
Not known
3 September 2016, justice of the peace of judicial circuit no. 13 of the Dimitrovskiy Judicial District of Kostroma
10 days’ administrative detention
APPENDIX III
Cell population during the applicants’ detention
No.
Applicant
Period of detention in 2016
Cell no.
Surface area (in square metres)
Number of beds
Number of inmates
1.
G. Markelov
From 16 to 19 November
8
6
2
3
2.
V. Daniliv
From 31 August to 8 September
8
6
2
3
3.
A. Lebedev
From 4 to 14 November
3
8
4
5-6
4.
Ye. Napalkov
From 3 to 13 November
8
6
2
3
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