Published on 27 March 2023
THIRD SECTION
Application no. 41090/18
Andrey Igorevich RESIN against Russia
and 6 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
41090/18*
17/08/2018
Andrey Igorevich RESIN
1974
Tatyana Robertovna Yesina
Sevastopol
IK-6 Khabarovsk Region
01/10/2017 – pending
opposite-sex operators
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Multiple proceedings in various courts (Kirovskiy District Court of Khabarovsk, Industrialnyy District Court of Khabarovsk, Amursk Town Court of the Khabarovsk Region, Khabarovsk Regional Court, Kuybyshevskiy District Court of Irkutsk, Angarsk Town Court, Irkutsk Regional Court, Verkh-Isetskiy District Court of Yekaterinburg, Moscow City Court, First Appellate Court, Ninth Cassation Court, Supreme Court of the Russian Federation) between 16/01/2020 and 31/07/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
21641/19*
29/03/2019
Yevgeniy Viktorovich PROSVETOV
1976
IK-5 Vologda Region
IK-6 Khabarovsk Region
17/12/2015 – 13/10/2018
17/11/2018 – pending
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
58623/19*
06/12/2019
Petr Nikolayevich KOROLEV
1993
IK-31 Komi Republic
27/03/2021 – 06/08/2021
05/09/2021 – pending
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport:
(1) van (0.2 m2 per inmate), train (0.4 m2 per inmate) on 27/03/2021 (8 hours), overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, lack or insufficient quantity of food, lack or inadequate furniture, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet
(2) train, van, on 06/08/2021 and 05/09/2021, 0,3 sq. m. per inmate, lack of fresh air, no or restricted access to toilet, overcrowding, lack of or insufficient natural light, lack of or insufficient electric light
18132/20
01/04/2020
Roman Yuryevich IGNATOV
1989
IK-25 Komi Republic
15/11/2017 – pending
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Art. 3 - inadequate conditions of detention during transport - transport by van and train, form 01/12/2019 to 02/12/2019; overcrowding (0.4 to 0.5 sq.m.), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen; no or restricted access to toilet, lack of privacy for toilet; no or restricted access to potable water, inadequate temperature
33775/20*
17/07/2020
Nikolay Vladimirovich MOROZOV
1986
IK-25
Komi Republic
18/01/2016 – pending
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 inadequate conditions of detention and in respect of permanent video surveillance in detention facilities
Art. 3 - inadequate conditions of detention after conviction - IK-25 Komi Region, since 01/01/2016, personal space less than 1 sq.m, detained with 40 inmates
15112/21*
25/02/2021
Aleksey Sergeyevich SHATALOV
1983
IK-6 Khabarovsk Region
09/12/2017 – pending
video surveillance in a lavatory and/or shower room
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
Art. 3 - inadequate conditions of detention - The applicant is a lifer; he complains about lack of access to natural light, unavailability of natural or forced ventilation, absence of warm water in the cell, to which he is confined 22.5 hours per day. The cell measure 6 sq.m. and houses 2 inmates
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - On multiple occasions between 06/03/2019 and 19/01/2021, the applicant was placed in a metal case when participating in civil proceedings by means of a video link; Prokhladnenskiy District Court; Stavropol Regional Court; Oktyabrskiy District Court; Pyatigorsk Town Court
15727/21*
22/01/2021
Oleg Nikolayevich VESELENKO
1977
LIU-37 Krasnoyarsk Region, brigade no. 4
03/08/2020 – 07/05/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport - and in respect of permanent video surveillance in LIU-37, Krasnoyarsk Region
Art. 3 - inadequate conditions of detention during transport - Since 17/10/2020; transfers from the correctional colony to a farm and back (work); six times per week, van, 6 sq.m. (two compartments measuring 6 sq.m. in total, housing from 28 to 45 persons. No heating, while the outside temperature was below 30 degrees