Published on 27 March 2023
THIRD SECTION
Application no. 45485/18
Bulach Musashayikhovich NURGISHIYEV against Russia
and 5 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
45485/18*
07/07/2018
Bulach Musashayikhovich NURGISHIYEV
1969
IK-29 Kirov Region
05/2010 - 10/08/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance.
14686/21*
24/02/2021
Ruslan Dzhamal ogly ALIYEV
1985
IK-31 Komi Republic
13/02/2021 - pending
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 3 - inadequate conditions of detention during transport - from 13/02/2021 to 17/05/2021 and from 14/08/2021 to 18/08/2021, train, 0.4 - 0.5 m2 per inmate, bunk beds, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of ventilation, lack of or insufficient electric light, lack of fresh air, lack of or insufficient natural light, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to running water;
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - IK-25 Komi Republic, from 22/02/2016 to 13/02/2021, place of residence of father - Nenets Autonomous Region, 1,000 km distance;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and allocation to a remote detention facility.
22844/21
16/04/2021
Artem Andreyevich GOLUB
1992
IK-1 Komi Republic,
IK-31 Komi Republic
08/04/2021 - 30/06/2021
01/07/2021 – pending
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, inadequate medical treatment in detention and inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transportation in a van and train from 05/04/2021 until 06/04/2021 for 11 hours, 0.3 sq. m. per person, no individual sleeping place, restricted access to toilets and portable water, cold temperature, passive smoking, etc;
Art. 3 - inadequate medical treatment in detention - HIV/AIDS, hepatitis, osteochondrosis, dental problems; lack of/delay in medical examination, lack of/delay in consultation by a specialist, lacking/delayed drug therapy; From 22/03/2016 – pending.
25298/21*
10/04/2021
Vadim Fedorovich POSTONOGOV
1988
Yuliya Sergeyevna Gaynutdinova
Kazan
IK-6 Khabarovsk Region
09/03/2018 - pending
detention in different cells with video surveillance, 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 - on 21/04/2021 the applicant was placed in a metal cage in IK-6 Khabarovsk Region to participate in a hearing at the Khabarovsk Regional Court via video link;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention after conviction;
Art. 3 - inadequate conditions of detention - in IK-6 in Khabarovsk Region since 09/03/2018: overcrowding, lack of or insufficient natural light, constant electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air, 2 sq. m per person.
34991/21
18/06/2021
Anatoliy Yuryevich KALENCHUK
1990
SIZO-1 Komi Republic
27/04/2021- 01/06/2021
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.
36396/21*
25/06/2021
Alim Suleymanovich BATCHAYEV
1972
IK-25 Komi Republic
03/2021 - pending
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 - Means of transport: train; From 20/08/2021 to 21/08/2021 (overall the journey lasted 13.5 hours); Specific grievances: no or restricted access to potable water, lack of or insufficient electric light, lack of fresh air, inadequate temperature, overcrowding (0.5 sq. m per person, the compartment measuring 3.04 sq. m housing 6 inmates), lack of privacy for toilet.