Published on 11 March 2024
THIRD SECTION
Application no. 3215/20
Azamat Alvertovich NURLYGAYANOV against Russia
and 6 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 15 February 2024, 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
3215/20
27/12/2019
Azamat Alvertovich NURLYGAYANOV
1989
IK-1 Komi Republic
pending as of 16/09/2022, since 01/02/2015
opposite-sex operators
Art. 3 - inhuman and degrading treatment of "outcast" inmates as a result of segregation, humiliating practices and abuse in their daily life while in detention, heightened risk of inter-prisoner violence (prison hierarchy) - (raised under Articles 3, 8, 14 and 17): The applicant has been serving a prison sentence in IK-1, Komi Republic, since February 2015. He belongs to a group of "outcast" prisoners. As a result, he is allowed to use dishes/cutlery that might be used by other prisoners; he can use toilet/other facilities only when there are no other prisoners; he has no access to the kitchen, he cannot sit by the dining table or use kitchen equipment / utensils/dishes/cutlery. The administration of the colony is aware of the applicant’s situation but takes no action in that respect;
Art. 3 - inadequate conditions of detention after conviction - IK-1, Komi Republic, pending as of 16/09/2022, since 01/02/2015; 1.5 sq. m of personal space, 40 inmates per dormitory, 4 toilets, overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities
8980/20
07/10/2020
Viktor Viktorovich OVCHINNIKOV
1991
IK-5 Krasnoyarsk Region
09/11/2018 to 12/10/2021
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
20334/21*
31/03/2021
Igor Andreyevich SAMARIN
1982
IK-25 Komi Republic
pending as of 16/09/2022, since January 2013
opposite-sex operators
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 was unable to vote in the elections to the State Duma held on 19/09/2021
22060/21*
28/07/2021
Vladimir Ilyich KOLMYKOV
1972
IK-18 Yamalo-Nenetskiy Region,
IK-6 Khabarovsk Region
pending as of 16/09/2022, since 08/04/2005
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
29139/21*
17/05/2021
Sergey Vladimirovich KHOROSHILOV
1975
Alla Borisovna Yevenko
Novokuznetsk
IK-6 Khabarovsk Region
pending as of 16/09/2022, since 26/08/2019
detention in different cells with video surveillance
Art. 3 - inadequate conditions of detention after conviction - inadequate conditions of detention in IK-6 Khabarovsk Region since 26/08/2019 - pending as of 16/09/2022 (the applicant is confined to his cell which he shares with another inmate for 22 hours a day; 3 sq. m of personal space, constant electric light, deterioration in conditions of detention, cumulative effect of lack of physical exercise, lack of contact with the outside world and uncertainty, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water),
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention after conviction (life imprisonment)
62/22*
22/11/2021
Aleksandr Vasilyevich SASHKOV
1959
IK-6 Khabarovsk Region
pending as of 16/09/2022, since 07/10/2017
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
22845/23*
25/02/2023
Yuriy Anatolyevich KOZLOV
1964
IZ-1 Syktyvkar, Komi Republic,
IZ-2 Sosnogorsk, Komi Republic
from 01/03/2021 to 26/06/2020
from 26/06/2020 to 21/09/2020
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 in detention facilities,
Art. 3 - torture or inhuman or degrading treatment - The applicant was detained in solitary confinement from May 2012 to 15/09/2020. The domestic courts discerned no violation of the applicant’s rights referring to him being a flight risk and a negative influence the applicant had on other inmates as a leader of a criminal group. The final decision on the matter was taken by the Supreme Court of the Russian Federation on 27/01/2023