Published on 30 May 2023
THIRD SECTION
Application no. 12205/18
Sergey Aleksandrovich PONOMAREV against Russia
and 44 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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 restrictions on family visits in pre-trial detention facilities which are the subject of well-established case law of the Court (see Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, Resin v. Russia, no. 9348/14, 18 December 2018, Chaldayev v. Russia, no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020 and Mukhametov and others v. Russia, nos. 53404/18 and 3 others, 14 December 2021).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 8 § 1 of the Convention
(restrictions on family visits in pre-trial detention facilities)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Detention facility
Type of restriction
Other relevant information
Other complaints under well-established case-law
12205/18*
09/02/2018
Sergey Aleksandrovich PONOMAREV
1978
SIZO-2 Moscow
refusal of long-term family visits
The applicant was detained in a remand prison between March 2014 and 19/12/2017
13413/18*
07/03/2018
Andrey Yuryevich KULEV
1977
SIZO-2 Volgograd Region
limitation on the frequency of short-term family visits, physical separation and supervision during short-term family visits, refusal of long-term family visits
10/06/2017 – ongoing on the date when the application was lodged with the Court
18894/18*
05/04/2018
Yevgeniy Anatolyevich GUSEV
1983
SIZO-2
Vologda Region, SIZO-3
Vologda Region
limitation on the frequency of short-term family visits, limitation on the length of short-term family visits, glass partition, poor quality of phone lines, refusal of long-term family visits, lack of ventilation
On many occasions the applicant had short-term visits. On 12/05/2017 a court authorised a long-term visit, but the SIZO-3 administration refused to provide it. The period concerned ends on 15/04/2018 when the applicant left SIZO-3 Vologda Region
Art. 3 - inadequate conditions of detention during transport - 14/03/2012-07/12/2017 and 14/04/2018-24/04/2018, multiple transfers between to/from the courthouse pending criminal proceedings (conditions of transport and detention in a holding cell in the courthouse): transfers in a single-occupancy compartment in a prison van, lack of fresh air, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
26925/18*
08/05/2018
Vladislav Ravilevich NIZAMUTDINOV
1971
SIZO-1 Republic of Tatarstan
refusal of long-term family visits, refusal of short-term family visits
the period at least until 11/12/2018
40655/18
22/07/2018
Albina Niyazovna GABBAZOVA
1986
SIZO-1 in St Petersburg and Leningrad Region
refusal of short-term family visits
the applicant is a partner of a detainee; she repeatedly requested a visit since 26/01/2018, but to no avail. She appealed against the refusal under Art. 125 of the Code of the Criminal Procedure and on 22/05/2018, the St Petersburg City Court upheld the refusal
Art. 13 - lack of an effective remedy against refusals of short-term family visits.
4881/19
25/12/2018
Nikita Vladimirovich SAMOYLENKO
1997
SIZO-1 Kazan
limitation on the frequency of short-term family visits
Limitation on the frequency of short-term family visits between 18/07/2017 and 07/09/2018 (during the proceedings in the court of appeal)
Art. 13 - lack of an effective remedy against refusals of short-term family visits
5291/19*
26/12/2018
Aleksey Leonidovich UDOVIK
1972
SIZO-1 Arkhangelsk Region
physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits
The applicant has been in pre-trial detention since 2015, mother, daughter and brother were allegedly prohibited from visiting him in 2015-2016. Scarce documents. It appears that since 2016, when the case was transferred to the trial court, the ban was upheld only in respect of his mother: the applicant was denied phone calls and visits from her, because at some point during the trial he passed her a letter, stating his view on his criminal prosecution.
8739/19
01/02/2019
Aleksandr Dmitriyevich POLKOVNIKOV
1989
Aleksandr Vasilyevich Artamonov
Moscow
SIZO-5 Moscow Region
refusal of short-term family visits
On 04/08/2018 the applicant’s counsel requested a short-term visit for the applicant’s mother. On 06/07/2018 the investigator refused. The applicant challenged the refusal under the CAS and under Article 125 of the Code of Criminal Procedure but to no avail.
Art. 13 - lack of an effective remedy against refusals of short-term family visits
21927/19
02/04/2019
Zinaida Timofeyevna YUSHKINA
1960
SIZO-3 Volgograd Region,
refusal of any type of family visits (up until 2019), physical separation and supervision during short-term family visit provided in 2019 (following a decision of 24/12/2018)
the applicant is a mother of a detainee, 02/11/2017 - 19/03/2019
Art. 13 - lack of an effective remedy against refusals of short-term family visits - in relation to refusal of family visits in pre-trial detention facility up until 2019 and restrictions on such visits (physical separation) in 2019
30417/19
20/05/2019
Artur Anatolyevich VALOV
1987
SIZO-1 Tatarstan Republic
refusal of short-term family visits
Between 25/04/2018 and 22/02/2019 the applicant was refused visits from his wife without any explanation. He challenged at least one of the refusals under Article 125 (first cassation appeal of 18/01/2019), his complaints we refused.
32238/19
07/06/2019
Mikhail Olegovich YEZHAKOV
1983
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
SIZO-8 Sergiyev‑Posad
refusal of any type of family visits
no visits allowed for the applicant’s mother, 14/09/2018-22/04/2019
Art. 13 - lack of an effective remedy against refusals of short-term family visits - in pre-trial detention facility
43888/19*
03/08/2019
Renat Gumarovich GALIMOV
1987
SIZO-1 Kazan
refusal of long-term family visits
The applicant was held in pre-trial detention and requested a visit from his mother and wife (dd 10/12/2018). On 20/12/2018, the investigator refused. The applicant appealed against the decision. On 22/01/2019 the Vakhitovskiy District Court dismissed his claims. The applicant requested a visit and appealed several times. The latest: investigator’s refusal dated 22/03/2019; Vakhitovskiy District Court, 09/04/2019; Supreme Court of the Republic of Tatarstan, 21/05/2019.
Art. 13 - 1 - lack of any effective remedy in domestic law in respect of refusal of long-term family visits
57826/19*
05/11/2019
Dmitriy Aleksandrovich BEK
1992
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
SIZO-1 Krasnodar
physical separation and supervision during short-term family visits, refusal of long-term family visits
The applicant was detained in SIZO-1 Krasnodar from 16/06/2017 to 28/09/2019. On 04/10/2019, the applicant was transferred to the correctional facility, following his conviction. Family members: wife and son.
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Krasnodar, 16/03/2017 to 28/09/2019, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law - in respect of restrictions on visits in remand prisons
64521/19
29/11/2019
Islam Magomed-Salyakhovich BIGAYEV
1994
Khava Lomelyevna TASUYEVA
1975
Sergey Aleksandrovich Minenkov
Moscow
IZ-4 Moscow
refusal of family visits
The applicants are the wife and a son of B., who has been a defendant in criminal proceedings and has been in pre-trial detention since 29/03/2019. On 29/05/2019 B.’s counsel submitted an application for a family visit on behalf of the applicants. On the same day the investigator refused the request stating, inter alia, that B. could use the visit to obstruct the investigation and that the investigator had discretion to authorise visits but was not obliged to do so. On 29/08/2019 the Tverskoy District Court of Moscow dismissed the applicants’ complaint.
Art. 13 - lack of an effective remedy against refusals of short-term family visits
5191/20*
20/12/2019
Aleksandr Viktorovich YERKHOV
1983
Yekaterina Vladimirovna YERKHOVA
1990
Viktor Aleksandrovich YERKHOV
1960
Nadezhda Ivanovna YERKHOVA
1960
Olga Germanovna Podoplelova
Moscow
IZ-4 Rostov-on-Don
refusal of any type of family visits
the applicants are a detainee (in pre-trial detention since 02/02/2019), his parents and wife
Art. 13 - lack of an effective remedy against refusals of short-term family visits - in respect of refusals of family visits in pre-trial detention facility
5879/20*
16/01/2020
Tatyana Vasilyevna KORABELNIKOVA
1964
Sergey Vasilyevich Brovchenko
Moscow
SIZO-5,
Moscow
refusal of short-term family visits
The applicant is a wife of a detainee. Refusals of short-term family visits on 04/12/2018, 13/12/2018, 21/12/2018, 31/01/2019. On 27/03/2019 the Basmannyy District Court of Moscow dismissed the applicant’s complaint (upheld on appeal on 17/07/2019, Moscow City Court).
Art. 13 - lack of an effective remedy against refusals of short-term family visits
6588/20*
17/01/2020
Yelena Yevgenyevna GUSAKOVA
1956
SIZO-1
St Petersburg
refusal of long-term family visits
The applicant is a detainee’s mother.
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
8864/20*
03/02/2020
Viktoriya Viktorovna SKRIPNIK
1985
SIZO-1
St Petersburg
refusal of short-term family visits
09/02/2019 - 15/10/2019. At the relevant time the applicant was a fiancée of a detainee. She was also a witness in his criminal case. Her visits to the pre-trial detention facility were refused based on the fact that her communication with the accused could influence the investigation. The visits were refused for at least a year, which appears to be excessive, even though she is a witness in the case.
Art. 13 - lack of an effective remedy against refusals of short-term family visits
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
9971/20*
04/02/2020
Ramil Ravilevich ABDULLIN
1986
SIZO-5 Tatarstan Republic
refusal of short-term family visits
Refusal of visits of a partner; Grounds for refusal to provide visits: no registered marriage, the applicant’s unwillingness to admit his guilt and to co-operate with the investigation. Attempts to challenge the refusals in courts were to no avail.
13147/20
25/02/2020
Daniil Timurovich AKBEROV
1997
SIZO-2 Moscow, SIZO-5 Moscow, SIZO-2 Kaluga Region, SIZO-1 Yaroslavl Region, SIZO-1 Republic of Tatarstan
physical separation and supervision during short-term family visits, refusal of long-term family visits, impossibility of phone communications
The applicant’s father remained in pre-trial detention facilities till 17/11/2019.
Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of long terms visits
25909/20*
11/06/2020
Irina Anatolyevna ANIKEYEVA
1956
SIZO-1 Arkhangelsk Region
refusal of long-term family visits, physical separation and supervision during short-term family visits
The applicant is a detainee’s mother
Art. 13 - lack of an effective remedy against refusals of short-term family visits - without the glass barrier and of long terms visits
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
27083/20*
19/03/2020
Yelena Anatolyevna VYSOTSKAYA
1970
Denis Yuryevich VYSOTSKIY
1989
Aleksandr Vladimirovich Kiryanov
Taganrog
SIZO-2, Rostov Region
refusal of long-term family visits
the applicant is the mother of a detainee, 11/11/2019-22/02/2020
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
32403/20*
07/06/2020
Yevgeniya Victorovna ANIKEYEVA
1982
SIZO-1 Arkhangelsk Region
physical separation and supervision during short-term family visits, refusal of long-term family visits
The applicant is the wife of detainee
Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of long-term visits
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visit
34205/20*
22/07/2020
Vasiliy Vyacheslavovich DVIRNIK
1990
SIZO-5 Moscow
SIZO-1 Tatarstan Republic
SIZO-5 Tatarstan Republic
physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits
From 29/10/2015 to 11/02/2021
From 2018 to 2020 there was a limitation on the frequency of the short-term visits (partner and child).
2658/21
17/12/2020
Svetlana Petrovna MIROSHNICHENKO
1980
SIZO-1 Republic of Mordovia
refusal of short-term family visits
The applicant is a detainee’s wife. He has been in pre-trial detention since 10/08/2021 (only two visits were granted). Her relevant complaints were dismissed by domestic courts.
Art. 13 - lack of an effective remedy against refusals of short-term family visits
8681/21*
09/01/2021
Mariya Aleksandrovna SHILOVA
1985
SIZO-1
St Petersburg
physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits
The applicant’s husband was detained in SIZO between 30/03/2016 and 09/09/2020 . Visits were allegedly limited to one hour, there had been a glass barrier preventing any physical contact, and in the presence of the SIZO staff member.
20628/21*
01/04/2021
Yelena Adolfovna VASHUKOVA
1963
SIZO-1 Arkhangelsk Region
refusal of long-term family visits
the applicant is a detainee’s mother
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
Art. 13 - lack of any effective remedy in domestic law - in respect of refusals of long-term family visits in pre-trial detention
32409/21*
24/05/2021
Ilnaz Ildusovich ZABBAROV
1994
Elik Yevgenyevich Abdrashitov
Orel
IZ-1 Orenburg
limitation on the frequency of short-term family visits, refusal of short-term family visits, physical separation and supervision during short-term family visits
Since April 2020 - restrictions in visits,
since November 2020 - no visits.
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Privolzhskiy District Court of Kazan, Supreme Court of the Kazakhstan Republic (video link), from 09/04/2020 to 23/03/2021
34680/21*
28/06/2021
Komil Karimovich MATIYEV
1980
SIZO-2 Tatarstan Republic
refusal of long-term family visits, physical separation and supervision during short-term family visits
The applicant has been detained since 14/03/2017. On 05/02/2021 he was convicted by the Privolzhskiy Circuit Military Court. On 05/04/2021 the Appellate Military Court refused to grant the request of the applicant’s wife for a long-term visit in
SIZO-2.
36406/21*
28/06/2021
Elkhan Novruz ogly SHIRIYEV
1994
SIZO-1 Krasnoyarsk Region
physical separation and supervision during short-term family visits, refusal of long-term family visits
The applicant requested long-term visits on several occasions from the SIZO administration and judges but to no avail. He is in detention on remand since 01/01/2020.
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
36524/21
09/07/2021
Irina Ivanovna DOMANOVA
1984
Aleksey Leonidovich KRISHTOPA
1980
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
SIZO-1 Stavropol Region
limitation on the frequency of short-term family visits
The applicants are partners. The second applicant has been in detention since 04/03/2021.
The applicants were allowed short-term visits on 10/03/2021 and 18/03/2021. Later, on 25/03/2021, 28/04/2021, 06/05/2021, 18/05/2021, 27/05/2021, they were refused with no meaningful explanation
Art. 13 - lack of an effective remedy against refusals of short-term family visits - in respect of restrictions on visits in remand prison
43710/21*
09/08/2021
Artem Arslanovich KHAMIDULLIN
1981
SIZO-2, Kazan, Tatarstan Republic
refusal of short-term family visits
Refusals of short-term family visits with his mother, wife, sister. Several refusals of investigator, last one on 15/12/2020 (upheld on 30/07/2021 by the Supreme Court of the Tatarstan Republic)
Art. 13 - lack of an effective remedy against refusals of short-term family visits
49163/21
29/09/2021
Svetlana Petrovna PYATANOVA
1985
SIZO-1 Republic of Mordovia
refusal of short-term family visits
The applicant’s husband is detained in SIZO-1 Republic of Mordovia since 06/02/2019.
51492/21*
27/09/2021
Kirill Valentinovich KUCHINSKIY
1986
SIZO-4 Arkhangelsk Region
refusal of long-term family visits, physical separation and supervision during short-term family visits
The applicant is in pre-trial detention since 26/05/2015 - ongoing on the date when the application was lodged with the Court. He complains about refusal of long-term visits from his mother and about modalities of short-term meetings with her
Art. 14 - prohibition of discrimination - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards modalities of short-term family visits and absence of long-term family visits
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and against refusals of long-term family visits and modalities of short-term family visits
Art. 5 (4) - excessive length of judicial review of detention - Appeal against the decision by the Arkhangelsk Regional Court of 16/09/2021 considered by the Second Appellate Court on 21/10/2021; Appeal against the decision of the Arkhangelsk Regional Court, 24/12/2021 was considered by the Second Appellate Court on 03/02/2022
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-4 Arkhangelsk Region, 01/10/2021- ongoing on the date when the application was lodged with the Court, opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room
51669/21*
04/10/2021
Valentina Anatolyevna DANILOVA
1959
SIZO-1 Arkhangelsk Region
physical separation and supervision during short-term family visits, refusal of long-term family visits
The applicant is the mother of a detainee. Her requests to see her son were to no avail. The latest reply from FSIN was on 29/06/2021; 28/05/2015 - ongoing on the date when the application was lodged with the Court
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
Art. 13 - lack of an effective remedy against refusals of short-term family visits.
58607/21
14/09/2021
Aleksandr Aleksandrovich AGEYEV
1978
SIZO-1,
Tver Region
refusal of long-term family visits
The app. is serving life sentence in IK-18, Yamalo-Nenetsk Autonomous Region.
In August 2019 the applicant was transferred to SIZO-1, Tver Region, for court proceeding in respect of other crimes he had been charged with. On 02/08/2021 the applicant lodged a request to grant a long-term visit with his wife, who lives in Tver. The request was dismissed.
Art. 13 - lack of any effective remedy in domestic law - lack of an effective remedy against refusals of family visits in remand prisons
4078/22
30/12/2021
Ilnur Amirovich FAYZULIN
1994
Natalya Vasilyevna Alekseyeva
Krasnoyarsk
SIZO-1 Krasnoyarsk
refusal of long-term family visits
no long-term family visits were allowed pending criminal proceedings. The applicant has been in detention since 12/03/2021.
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
7144/22*
12/01/2022
Sabina Sergeyevna KARETNIKOVA
1989
SIZO-1 Arkhangelsk Region
refusal of short-term family visits, refusal of long-term family visits, physical separation and supervision during short-term family visits
The applicant is the wife of a detainee.
Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
17635/22*
09/03/2022
Georgiy Vladimirovich LADARIYA
1979
SIZO-4 Arkhangelsk Region
refusal of long-term family visits, physical separation and supervision during short-term family visits
Detention since 15/01/2015
Art. 13 - lack of an effective remedy against refusals of short-term family visits
Art. 14 - in conjunction with Article 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
21811/22*
08/04/2022
Aleksandr Andreyevich VASHUKOV
1989
SIZO-1 Arkhangelsk Region
refusal of long-term family visits, physical separation and supervision during short-term family visits
The applicant is a brother of a detainee. On 18/01/2022 the FSIN refused a long-term family visit.
Art. 14 - in conjunction with Article 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
25229/22
28/04/2022
Nadezhda Viktorovna GERASIMOVA
1961
SIZO-1, Arkhangelsk Region
refusal of long-term family visits
The applicant is the mother of a detainee
Art. 13 - lack of any effective remedy in domestic law – in respect of refusals of long-term family visits
Art. 14 - in conjunction with Article 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
29351/22
20/05/2022
Andrey Sergeyevich ZHIGULSKIY
1996
SIZO-1 Krasnoyarsk,
refusal of long-term family visits, physical separation and supervision during short-term family visits
visits from parents and a partner, since 08/08/2019
Art. 14 - in conjunction with Article 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits
30067/22*
10/05/2022
Dmitriy Yevgenyevich SUKHORUKOV
1968
Yaroslavna Nikolayevna Sukhorukova
Myskhako
SIZO-3, Novorossiysk
physical separation and supervision during short-term family visits
Conviction on 24/03/2021, Oktyabrskiy District Court of Novorossiysk, upheld on appeal, 18/11/2021 by the Krasnodar Regional Court
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Krasnodar Regional Court between 20/07/2021 and 18/11/2021 via video-link from SIZO-3, Novorossiysk; relevant judgment date 18/11/2021, Krasnodar Regional Court
30978/22*
16/06/2022
Yuliya Olegovna TARKHANOVA
1983
SIZO-1 Moscow
refusal of long-term family visits, refusal of short-term family visits, refusal of telephone conversations, physical separation and supervision during short-term family visits
the applicant is a wife of a detainee, since 17/02/2021 – ongoing on the date when the application was lodged with the Court
35019/22
20/05/2022
Andrey Igorevich IVANOV
1996
SIZO-1 Krasnoyarsk
refusal of long-term family visits, physical separation and supervision during short-term family visits
visits from the mother, brother and grandmother, since 07/08/2019
Art. 14 - in conjunction with Article 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits