Published on 24 July 2023
FOURTH SECTION
Application no. 38217/19
Aleksey Ivanovich MELNIK against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 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 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
38217/19*
03/07/2019
Aleksey Ivanovich MELNIK
1990
IK-31 Komi Republic
01/11/2020 – pending on the date when the application was lodged with the Court
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - transfers by van and train during the period between 19/03/2019 and 19/04/2019: transfer lasting up to 6 hours in a single-occupancy compartment (“stakan”), no or restricted access to toilet, no individual sleeping place during transport by train (up to 23 hours).
33559/21*
24/05/2021
Andrey Borisovich SAMOKHIN
1974
Alla Borisovna Yevenko
Novokuznetsk
IK-2 OIK-2 Perm Region
19/02/2002 - pending on the date when the application was lodged with the Court
detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
33590/21*
16/06/2021
Vladimir Aleksandrovich BASTRAKOV
1982
IK-25 Komi Republic
30/05/2018 –
pending on the date when the application was lodged with the Court
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 in respect of permanent video surveillance in detention facilities;
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).
33699/21*
16/06/2021
Maksim Aleksandrovich GABOV
1990
IK-25 Komi Republic
26/11/2017 - pending on the date when the application was lodged with the Court
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 in respect of permanent video surveillance in detention facilities;
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).
34481/21*
19/06/2021
Yakov Vladimirovich TSOY
1973
Alla Borisovna Yevenko
Novokuznetsk
IK-2 OIK-2 Perm Region
13/03/2001 - pending on the date when the application was lodged with the Court
detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
34535/21*
19/06/2021
Fedor Sergeyevich KOVALCHUK
1981
SHIZO in
IK-25 Komi Republic
16/04/2021 - 18/04/2021
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;
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is detained in IK-25, Komi Republic since 19/02/2010. The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).
41167/21
21/07/2021
Fuad Polad ogly ISKENDEROV
1983
IK-25 Komi Republic
07/06/2018 - pending on the date when the application was lodged with the Court
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
43437/21*
13/08/2021
Arif Abdulla ogly SHABANOV
1992
IK-25 Komi Republic
07/12/2015- pending on the date when the application was lodged with the Court
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;
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013)
4711/22
18/12/2021
Igor Borinoslavovich YEVDOKIMOV
1970
IK-29 Kirov Region
December 2016 - 07/09/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
45075/22*
29/08/2022
Arslan Faritovich SAYFUTDINOV
1986
IK-6 Khabarovsk Region
19/10/2017 - pending on the date when the application was lodged with the Court
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of the conditions of detention;
Art. 3 - inadequate conditions of detention under strict imprisonment regime - The applicant, a lifer, is detained 22 hours per day in a cell with no possibility of outdoor exercise, employment or contacts with other inmates. His relevant claims were dismissed by national courts.