Published on 24 April 2023
FOURTH SECTION
Application no. 14228/18
Denis Vladimirovich PANIN against Russia
and 37 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 March 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 3 of the Convention relating to use of metal cages and other security arrangements in courtrooms which are the subject of well-established case law of the Court (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention
(use of metal cages and other security arrangements in courtrooms)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the court
Date of the relevant judgment
Start date
End date
Other complaints under well-established case-law
14228/18*
06/03/2018
Denis Vladimirovich PANIN
1978
Valeriy Vladimirovich Shukhardin
Moscow
Supreme Court of the Russian Federation
video link from SIZO-5, Kashira
26/10/2017
26/10/2017
26/10/2017
21314/18*
16/04/2018
Ivan Aleksandrovich FEDORYAK
1989
Natalya Viktorovna Yastrebova
Rostov-on-Don
Oktyabrskiy District Court of
Rostov-on-Don
26/12/2017
26/12/2017
26/12/2017
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
37081/18*
23/07/2018
Yevgeniy Leonidovich PAYUSOV
1978
Isakogorskiy District Court of Arkhangelsk;
Arkhangelsk Regional Court
27/03/2018
24/01/2018
27/03/2018
46898/18*
17/09/2018
Yevgeniy Viktorovich GLEBOV
1978
Vologda Town Court, Vologda Regional Court
26/03/2018
06/12/2017
26/03/2018
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
53355/18*
29/10/2018
Aleksandr Nikolayevich ZAVYALOV
1983
Chistopol Town Court
04/05/2018
27/04/2018
04/05/2018
Art. 3 - inadequate conditions of detention during transport - on 18/07/2018: van, lack of fresh air, overcrowding - transported with 20 inmates; the transfer lasted three hours;
Art. 3 - inadequate conditions of detention after conviction - IK-11 Nizhniy Novgorod Region, since 01/09/2018 – ongoing on the date of lodging the application with the Court, 1.8. sq. m of personal space, lack of fresh air, no or restricted access to running water, no or restricted access to toilet;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
53394/18*
26/10/2018
Igor Vladimirovich USHAKOV
1982
Ramenskoye Town Court
05/05/2018
20/04/2017
05/05/2018
Art. 3 - inadequate conditions of detention during transport - (1) from 20/04/2017 to 05/05/2018; more than 20 transfers, van, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, restricted access to toilet, insufficient quantity of food, inadequate temperature; the applicant was placed in a single compartment measuring 0.3 sq. m., on certain occasions another inmate was placed in the same compartment with the applicant; transfers lasted 6 hours,
(2) from 05/05/2018 to 03/09/2018 by train from the pre-trial detention facility to the colony via numerous transit facilities: overcrowding, insufficient number of sleeping places, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, passive smoking, poor quality of food, lack of privacy for toilet, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
59246/18
26/11/2018
Viktor Igorevich ABRAMOV
1990
Verkhneuslonskiy District Court of the Republic of Tatarstan
16/07/2018
04/03/2018
16/07/2018
59610/18
26/11/2018
Azamat Vagizovich MIRKHAYDAROV
1971
Nikolay Aleksandrovich Vtorushin
Tyumen
Verkhneuslonskiy District Court of the Republic of Tatarstan
18/07/2018
15/03/2018
18/07/2018
59865/18*
26/11/2018
Denis Igorevich KAZANOVSKIY
1996
Nikolay Aleksandrovich Vtorushin
Tyumen
Surgut Town Court
28/05/2018
20/08/2017
28/05/2018
269/19*
20/04/2019
Aleksandr Aleksandrovich KRAVCHENKO
1978
Pskov Regional Court (via a video link from the remand prison)
09/01/2019
09/01/2019
09/01/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
1475/19*
20/12/2018
Sergey Sergeyevich BORISIKHIN
1974
Roman Nikolayevich Petrov
Cheboksary
Leninskiy District Court of Astrakhan
29/06/2018
22/04/2018
29/06/2018
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van, on 20/09/2018 to 13/10/2018, 0.2‑0.5 sq. m per inmate, overcrowding, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to potable water, lack or insufficient quantity of food.
1494/19*
07/12/2018
Ramil Failevich KALIYEV
1980
Tsentralnyy District Court of Tyumen
03/09/2018
13/09/2016
03/09/2018
2124/19*
01/12/2018
Dmitriy Andreyevich KUZNETSOV
2000
Moscow District Court of Kaliningrad
06/07/2018
01/02/2017
06/07/2018
2253/19*
17/12/2018
Aleksey Vyacheslavovich NOSKOV
1994
Belovo Town Court of Kemerovo Region
16/08/2018
17/11/2017
16/08/2018
4039/19*
04/01/2019
Ilgar Elshan ogly GUSEYNOV
1987
Nikolay Aleksandrovich Vtorushin
Tyumen
Moscow District Court of Kaliningrad
20/11/2018
07/05/2018
20/11/2018
6727/19*
08/01/2019
Vitaliy Aleksandrovich PRISHIBSKIY
1991
Valeriy Vladimirovich Shukhardin
Moscow
Sovetskiy District Court of Orsk, Orenburg Regional Court
video link from SIZO-2, Orsk
09/07/2018
11/05/2018
09/07/2018
11677/19*
06/02/2019
Denis Yuryevich VYSOTSKIY
1989
Aleksandr Vladimirovich Kiryanov
Taganrog
Taganrog Town Court of the Rostov Region
08/05/2019
11/03/2019
08/05/2019
Art. 5 (3) - excessive length of pre-trial detention - from 25/11/2018 to 25/05/2019 based exclusively on the gravity of the charges (drug dealing); fragility of the reasons employed by the courts;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;
Art. 8 (1) - secret surveillance - phone tapping pursuant to the order of the Taganrog Town Court of 17/09/2018. Specific defects: the courts did not verify the existence of a “reasonable suspicion” and did not apply the “necessity in a democratic society test”. The applicant learnt about phone tapping on 18/01/2019 at the latest. He was allowed to study the relevant documents in July 2019.
13173/19*
17/02/2019
Liliya Aleksandrovna MARINICHEVA
1970
Stanislav Igorevich Zhuravlev
Moscow
Zheleznodorozhnyy District Court of Samara, Samara Regional Court
03/12/2020
04/06/2014
04/09/2018
Art. 3 - inadequate conditions of detention during transport - train, van; from 04/06/2014 to 04/09/2018, 0.2 sq. m per inmate; overcrowding, passive smoking, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, inadequate temperature;
Art. 5 (1) - unlawful detention - 4 days of unlawful detention. On 03/12/2020 the Samara Regional Court reviewed the applicant’s sentence on appeal and ruled for release of the applicant. The applicant was released only on 07/12/2020 due to administrative formalities (she was participating in the appeal hearing via video link, prison administration waited for a certified copy of the decision; the distance between the court and the facility is around 200 km) – (see Butkevich v. Russia no. 5865/07 § 67
13 February 2018).
14055/19*
20/12/2018
Igor Gennadyevich CHEPCHIN
1980
Marina Aleksandrovna Belinskaya
St Petersburg
Primorskiy District Court of St Petersburg, Leningrad Regional Court
10/07/2018
28/06/2018
10/07/2018
Art. 3 - inadequate conditions of detention during transport - van, from 17/12/2015 to 10/07/2018,
0.4 sq. m. per inmate, inadequate temperature, lack of seat belts, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, no food. The transfers lasted up to 8 hours;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport.
17426/19
13/03/2019
Sergey Aysarovich KONOVALOV
1984
Nizhnekamsk Town Court of the Republic of Tatarstan
09/06/2017
26/12/2018
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
19319/19*
27/03/2019
Vyacheslav Vladimirovich STETSIK
1995
Sukhobuzimskiy District Court of the Krasnoyarsk Region
09/11/2018
23/10/2018
09/11/2018
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
32916/19*
13/06/2019
Boris Muzarachevich KALMYKOV
1960
Natalya Germanovna Goncharenko
Chita
Zabaykalskiy Regional Court
11/01/2019
11/01/2019
11/01/2019
34376/19*
06/06/2019
Dmitriy Valentinovich MIKHAYLOV
1990
Sovetskiy District Court of Krasnoyarsk (placement in a glass cabin measuring 2.09 sq. m together with 2-4 other persons)
25/12/2017
11/01/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
34586/19
19/06/2019
Dinar Fanitovich SADIROV
1993
Verkhniy Uslon District Court of the Republic of Tatarstan
21/12/2018
03/11/2017
21/12/2018
46611/20*
30/09/2020
Pavel Andreyevich MELNIKOV
1994
Ulrich Sommer
Köln
Syktyvdvinskiy District Court; Supreme Court of the Komi Republic
01/06/2020
10/06/2019
01/06/2020
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Syktyvkar Komi Republic, 08/11/2018 – ongoing on the date when the application was lodged; 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 - transport by train on 07/06/2020 and 12/07/2020 - overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, transport for more than 24 hours.
46237/21
30/08/2021
Maksim Vladimirovich SHLEGEL
1977
Leninskiy District Court of Stavropol, Stavropol Regional Court
(via video link)
21/06/2021
11/03/2021
21/06/2021
Art. 3 - inadequate conditions of detention during transport - in vans from 29/03/2021 to 04/06/2021, overcrowding, 0.3 sq. m. of personal space, passive smoking, lack of fresh air, no or restricted access to toilet; the journeys lasted approximately 3 to 6 hours.
46509/21
22/08/2021
Nikolay Valentinovich KONDRATYUK
1978
Onezhsk Town Court of the Arkhangelsk Region, Arkhangelsk Regional Court, Justice of the Peace no. 2 of the Onezhskiy Judicial District of Arkhangelsk Region
29/10/2021
07/03/2021
29/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
47606/21*
07/09/2021
Yevgeniy Vladimirovich FINOGENOV
1969
Khabarovsk Regional Court (video link from the remand prison)
18/03/2021
Sol-Iletskiy District Court of Orenburg Region
25/03/2021
18/03/2021
30/12/2020
18/03/2021
25/03/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
57503/21*
02/11/2021
Dmitriy Vasilyevich NOSKOV
1977
Tatyana Valeryevna Noskova
Irkutsk
Kirovskiy District Court
Video link from SIZO-1 Irkutsk Region
Irkutsk Garrison Military Court
Kirovskiy District Court of Irkutsk
23/04/2021
13/08/2021
18/08/2021
23/08/2021
25/10/2021
13/08/2021
28/10/2021
28/12/2021
Art. 3 - inadequate conditions of detention during transport - conditions of the applicant’s transport by van from SIZO-1 Irkutsk Region to the Kirovskiy District Court of Irkutsk in a single-prisoner cubicle on numerous occasions in the period from 23/01/2020 to 26/10/2021, lack of fresh air, 0.5 sq. m. of personal space, inadequate temperature, no or restricted access to potable water, lack of or insufficient natural light;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 5 (3) - excessive length of pre-trial detention - 12/12/2019-21/10/2021, Kirovskiy District Court of Irkutsk, Irkutsk Regional Court, fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Irkutsk Region; 13/12/2019 – ongoing on the date when the application was lodged with the Court; detention in different cells with video surveillance.
60247/21*
23/11/2021
Eduard Anatolyevich SMOLNIKOV
1966
Syktyvkar District Court, Supreme Court of Komi Republic
23/04/2021
11/11/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
3038/22*
08/12/2021
Maksim Aleksandrovich VASILYEV
1982
Petrogradskiy District Court of St Petersburg (in the courthouse); St Petersburg City Court (video link from SIZO-1, St Petersburg
04/06/2021
09/02/2022
3347/22*
23/12/2021
Aleksandr Serafimovich KIRSEYEV
1954
Second Court of Appeal (video link from SIZO-1, Komi Republic)
01/09/2021
01/09/2021
01/09/2021
4451/22
16/12/2021
Makar Maksimovich RUFOV
2000
Syktyvkar Town Court of Komi Republic
13/07/2021
13/07/2021
13/07/2021
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Komi Republic, 16/02/2020 - 15/11/2021, detention in different cells with video surveillance, opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of permanent video surveillance in detention facilities.
5773/22*
01/12/2021
Oleg Mikhaylovich KOROLEV
1979
Kirovskiy District Court of Krasnoyarsk,
Krasnoyarsk Regional Court (video-link from SIZO-1 Krasnoyarsk Region)
30/06/2021
20/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
6177/22
23/03/2022
Nikolay Vasilyevich TARATYNKO
1989
Ezhvinskiy District Court of Komi Republic
01/12/2021
Katayevskiy District Court of Komi Republic
18/03/2022
11/10/2021
26/10/2021
01/12/2021
18/03/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
18565/22*
14/03/2022
Yevgeniy Vladimirovich VASILYEV
1976
Justice of the Peace of Judicial Circuit no. 141 of the Nizhneingashskiy District of the Krasnoyarsk Region
15/03/2019
25/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions to the court hearings and for studying his casefile in the period from 25/01/2017 to 25/02/2022 in a single-prisoner cubicle (“stakan”), duration of transport of about 2.5 to 5 hours on each occasion, applicant transported on numerous occasions, no or restricted access to toilet, poor quality of food, insufficient personal space.
33410/22*
17/06/2022
Vyacheslav Iosifovich CHIZHINOK
1982
Supreme Court of Komi Republic
24/12/2021
20/12/2021
24/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
56493/22*
18/11/2022
Ioann Valeryevich KURMOYAROV
1968
Leonid Leonidovich Krikun
St Petersburg
St Petersburg City Court
video link from SIZO-1, St Petersburg
20/07/2022
Art. 10 (1) - various restrictions on the right to freedom of expression - criminal prosecution under Article 207.3 § 2 - d for publishing anti-war video recordings in social network Vkontakte between 06/03/2022 and 05/04/2022;
Art. 5 (4) - excessive length of judicial review of detention - the St Petersburg City Court reviewed the detention orders of the Kalininskiy District Court of St Petersburg of 28/07/2022 and 28/08/2022 on 31/08/2022 and 28/09/2022, respectively;
Art. 5 (3) - excessive length of pre-trial detention - pre-trial detention is pending since 08/06/2022; detention orders issued by the Kalininskiy District Court of St Petersburg, St Petersburg City Court. Specific defects: use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint.