SECOND SECTION
DECISION
Application no. 14227/18
Yevgeniy Aleksandrovich SANIN against Russia
and 5 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 July 2023 as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention after conviction were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Having examined the complaints under Article 3 of the Convention concerning conditions of the applicants’ detention, the Court is of the view that there is no longer any justification for examining these complaints for the reasons set out below.
The Court notes that, as matters stand, the material facts complained of by the applicants have ceased to exist. They are no longer detained in the conditions complained of. It further notes that it was open to the applicants to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of their complaints concerning the conditions of detention in breach of the national legislation (see Shmelev and Others v. Russia ((dec.), nos. 41743/17 and 16 others, 17 March 2020).
Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), and having regard to the fact that following their release the applicants did not inform the Court of their whereabouts, the Court considers it is no longer justified to continue the examination of this part of the applications (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of those complaints under Article 37 § 1 in fine.
Accordingly, this part of the applications should be struck out of the list.
As regards the remainder of the complaints lodged by the applicants, the Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the part of the applications out of its list of cases as regards the complaints about poor conditions of detention;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 7 September 2023.
Viktoriya Maradudina Lorraine Schembri Orland
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date
Duration
Inmates per brigade
Sq. m per inmate
Number of toilets per brigade
Alleged grievances
14227/18
11/05/2018
Yevgeniy Aleksandrovich SANIN
1980
IK-2 Zabaykalskiy Region
22/03/2014 to
13/01/2021
6 year(s) and 9 month(s) and
23 day(s)
1.6 m²
inadequate temperature, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to shower, overcrowding in the kitchen, sharing cells with inmates infected with contagious disease, poor quality of food
35094/18
26/09/2018
Aleksandr Anatolyevich KOLOSOV
1983
IK-2 Zabaykalskiy Region
29/11/2017 to
27/10/2020
2 year(s) and 10 month(s) and
29 day(s)
1.5 m²
lack of or inadequate hygienic facilities, lack of or insufficient electric light, mouldy or dirty cell, overcrowding, no or restricted access to warm water
35588/18
04/09/2018
Vasiliy Aleksandrovich GUSEV
1980
IK-2 Zabaykalskiy Region
12/11/2009 to
02/08/2021
11 year(s) and
8 month(s) and
22 day(s)
150 inmate(s)
1.4 m²
2 toilet(s)
overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, mouldy or dirty cell, lack of or insufficient electric light, no or restricted access to warm water, no or restricted access to shower
40784/18
03/12/2018
Roman Leonidovich SUKHORUCHKIN
1985
IK-2 Zabaykalskiy Region
01/01/2010 to
17/06/2021
11 year(s) and
5 month(s) and
17 day(s)
140 inmate(s)
1.5 m²
overcrowding, narrow passages in the cell, lack of privacy for toilet
54326/18
06/11/2018
Andrey Aleksandrovich CHOVLEV
1966
IK-2 Zabaykalskiy Region
10/11/2017 to
06/07/2021
3 year(s) and 7 month(s) and
27 day(s)
1.5 m²
overcrowding, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower
56341/18
06/11/2018
Kirill Vladimirovich KOPTELOV
1983
Uvarov
Aleksandr Leonidovich
Nizhniy Tagil
IK-54 Sverdlovsk Region
16/01/2015 to
03/05/2020
5 year(s) and 3 month(s) and
18 day(s)
100 inmate(s)
less than 2 m²
5 toilet(s)
overcrowding, high humidity level, insufficient number of toilets and wash basins, poor quality of food, insufficient space and inadequate state of the exercise yard, unpleasant odour from the nearby sewage manhole, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell