Published on 11 March 2024
THIRD SECTION
Application no. 60846/15
Leonid Valeryevich RUDIK and Sergey Aleksandrovich PISKUNOV against Russia
and 8 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 3 of the Convention relating to use of metal cages and/or 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, nos. 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/or 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
60846/15*
28/11/2015
Leonid Valeryevich RUDIK
1987
Sergey Aleksandrovich PISKUNOV
1981
Presidium of the Supreme Court of the Russian Federation
(video link)
08/07/2015
05/11/2014
08/07/2015
Art. 3 - inadequate conditions of the second applicant’s detention under strict imprisonment regime - IK-18 of the Yamalo-Nenets Autonomous Region: isolation, limited outdoor exercise, lack of any purposeful activity; 14/12/2014 – pending as of 16/09/2022,
Art. 6 (1) - and Art. 6 (3) (c) - absence of confidential exchange with representative during the hearing of the first applicant’s criminal case by the Presidium of the Supreme Court of Russia due to the latter’s participation in that hearing by means of a video link,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-18 of the Yamalo-Nenets Autonomous Region, from January 2017 onwards, opposite-sex operators,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings, permanent video surveillance in detention facilities and interference with the prisoners’ voting rights (the latter complaint concerns the first applicant only);
Art. 14 - prohibition of discrimination - In conjunction with Article 3 of Protocol No. 1 - disenfranchisement of the first applicant on the ground of his status of a convicted prisoner subjected him to discrimination,
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - the first applicant, as a convicted prisoner, debarred from voting during the elections in the State Duma on 18/09/2016
13889/17*
15/02/2017
Timur Rashitovich GILMANOV
1987
Aleksey Nikolayevich Laptev
Moscow
Supreme Court of the Russian Federation (video link)
15/08/2016
15/08/2016
15/08/2016
Art. 3 - inadequate conditions of detention after conviction - after having been found guilty of a triple murder and sentenced to life imprisonment, pending the appeal hearing and transfer to a correctional colony, from 12/12/2015 to 23/12/2016 the applicant was held in solitary confinement (see Gorbulya v. Russia, no. 31535/09, 6 March 2014; Borodin v. Russia, no. 41867/04, 6 November 2012),
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 detention in solitary confinement
5663/18*
20/12/2017
Ilnaz Midkhatovich FASKHUTDINOV
1978
Kazan Garrison Military Court
08/12/2017
31/08/2017
08/12/2017
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - studying of the case file inside the metal cage: 13/10/2016-20/06/2017 in SIZO-2 of the Republic of Tatarstan; 04/09/2017-18/09/2017 and 04/07/2018-05/10/2018 in the courtroom of the Kazan Garrison Military Court,
Art. 3 - inadequate conditions of detention during transport - Inadequate condition of transportation in van from remand prison to courthouse between 04/07/2018 and 05/10/2018, overcrowding, transportation in a single-prisoner cubicle, lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 of Kazan, Republic of Tatarstan: limitation on the frequency of short-term family visits, physical separation and supervision during short-term family visits,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and refusals of short-term family visits
8716/18*
08/03/2018
Timur Faridovich AKBEROV
1976
Mariya Nikolayevna Sernovets
Moscow
Tverskoy District Court of Moscow, Moscow City Court (video link)
25/07/2019
24/03/2016
25/07/2019
Art. 5 (3) - excessive length of pre-trial detention - Tverskoy District Court of Moscow, Moscow City Court; 22/03/2016-08/12/2017; fragility and repetitiveness of the reasoning employed by the courts as the case progressed, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice,
Art. 5 (4) - excessive length of judicial review of detention - the Moscow City Court reviewed the detention orders of the Tverskoy District Court of Moscow of 14/09/2017 and 02/12/2017 on 09/11/2017 and 01/02/2018, respectively,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-2 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 was transferred to the correctional colony on 05/12/2019,
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and refusals of short-term family visits
47611/18*
24/09/2018
Dmitriy Vasilyevich KOSOLAPOV
1995
Syktyvkar Town Court, Supreme Court of the Republic of Komi (video link)
04/04/2018
26/01/2017
04/04/2018
35777/19*
27/09/2019
Kirill Aleksandrovich RADICHEV
1977
Verkhnyaya Pyshma Town Court of the Sverdlovsk Region (personal presence and video link), Sverdlovsk Regional Court (video link)
09/03/2019
Proceedings were pending on the date when the application was lodged with the Court
Art. 5 (1) (c) - Lawful arrest or detention/reasonable suspicion of having committed an offence - The applicant was arrested on 05/03/2019 (record of arrest drawn up by the police on the same day); on 07/03/2019 the applicant was conveyed to the investigator, who on 08/03/2019 drew up the record of his arrest as a suspect; the applicant was detained on remand on 09/03/2019: the applicant thus spent over 48 hours under arrest until the custodial measure was applied to him by the court. The applicant raised this issue in his appeal against the detention order of 09/03/2019, however his complaint was dismissed on 24/05/2019.
19428/20
16/03/2020
Irek Ilshatovich SADRIYEV
1994
Supreme Court of the Republic of Tatarstan (video link)
18/09/2019
18/09/2019
18/09/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
28425/20*
18/04/2020
Aleksey Leonidovich CHERNOV
1968
Karen Kimovich Gigolyan
Moscow
Moscow City Court
18/10/2019
05/09/2019
18/10/2019
Art. 3 - inadequate conditions of detention during transport - transport by van from 05/09/2019 to 18/10/2019,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-2 Moscow, from 20/09/2015 to 21/12/2020, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room
10012/21
17/01/2021
Alaudin Savarbekovich BOKOV
1983
Ostankinskiy District Court of Moscow, Moscow City Court (video link)
30/10/2019
Proceedings pending on the date when the application was lodged with the Court