Published on 26 June 2023
FOURTH SECTION
Application no. 10881/21
Anton Borisovich SOLDATOV against Russia
and 38 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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/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, 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/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
10881/21*
28/05/2021
Anton Borisovich SOLDATOV
1987
Alla Igorevna Dunayeva
Chelyabinsk
Fourth Appellate Court of General Jurisdiction
30/11/2020
10/11/2020
30/11/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
35403/21*
06/07/2021
Anna Tamazovna KVASHINA
1990
Sokolskiy District Court of the Vologda Region
03/02/2021
03/02/2021
03/02/2021
3399/22
20/12/2021
Yuriy Vitalyevich ADRIANOV
1975
Aleksandr Viktorovich Polonskiy
Volgograd
Kirovskiy District Court of Volgograd
15/09/2021
Pending on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
4077/22*
12/12/2021
Mikhail Yevgenyevich KOTLYAROV
1990
Tosno Town Court of the Leningrad Region, Leningrad Regional Court
05/03/2021
24/11/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;
Art. 5 (3) - excessive length of pre-trial detention - from 28/02/2020 - pending; Tosno Town Court of the Leningrad Region, Leningrad Regional Court; last extension of pre-trial detention - 13/07/2021, upheld by the Leningrad Regional Court on appeal on 19/08/2021; fragility of the reasons employed by the courts;, 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, collective detention orders;
Art. 5 (4) - excessive length of judicial review of detention - decision of 13/07/2021 extending the applicant’s detention on remand was upheld on appeal on 19/08/2021.
4477/22
30/12/2021
Artur Ilyasovich ABDULMUTALIBOV
1987
Andrey Yuryevich Finashkin
Kursk
Kurskiy District Court of the Kursk Region
29/12/2020
01/07/2021
Art. 3 - inadequate conditions of detention during transport - the applicant was transported on numerous occasions between the remand prison and the courthouse in a single-prisoner cubicle measuring 0,5 sq. m. Due to the absence of free convoy cells at the courthouse the applicant was held in the prison van until the start of the hearings and during court breaks. There was no toilet in the van, inadequate temperature, lack of fresh air.
4755/22
20/12/2021
Ilnur Amirovich FAYZULIN
1995
Natalya Vasilyevna Alekseyeva
Krasnoyarsk
Tsentralnyy District Court of Krasnoyarsk
17/08/2021
16/11/2021
4935/22*
02/04/2022
Vadim Valeryevich ANIKEYEV
1982
Arkhangelsk Regional Court,
Placement in a glass cabin with metal structure with
5 other co-defendants,
0.67 sq. m. of personal space. The applicants has to endure the court hearings in these conditions for several hours five days a week for a period of about 5 years. Furthermore, the applicant’s trial was closely followed by the national mass media, permanently exposing him to the public
25/01/2017
Pending on the date when the application was lodged with the Court
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 between the remand prison and the Arkhangelsk Regional Court on 456 occasions between 25/01/2017 and 27/12/2022, 0,32 sq. m. of personal space, van ceiling height 1.5 m, handcuffing, absence of safety belts, inadequate temperatures, transport took 50 minutes one way, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, passive smoking;
Art. 6 (1) - excessive length of criminal proceedings - Proceedings pending since 14/11/2014; the applicant challenged the length of the proceedings before the domestic courts and was awarded RUB 70,300 (approximately EUR 800), final decision 15/09/2022.
5234/22*
03/04/2022
Pavel Petrovich PETROVSKIY
1964
Kirovskiy District Court of St Petersburg, Kuybyshevskiy District Court of St Petersburg, St Petersburg City Court
03/12/2018
Pending on the date when the application was lodged with the Court
Art. 3 - inadequate conditions of detention during transport - Transport on multiple occasions between 24/01/2019 and 31/03/2022, between 0.2 and 0.25 sq. m. of personal space, transport time - 2 hours per one-way trip, absence of toilet; poor conditions in assembly cells on the days of transport (20 to 30 inmates confined in the cell measuring 15 sq. m., no ventilation in the cell, the window could not be opened, no hot food on the days of transport, poor sanitary conditions).
5737/22
26/12/2021
Vitaliy Vyacheslavovich KOREPANOV
1992
Severodvinsk Town Court of the Arkhangelsk Region
17/01/2022
14/12/2021
17/01/2022
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 - by van and train, 06/05/2021 - 17/12/2021, overcrowding (0.49 sq. m. per person in the van and 0.29 sq. m. per person on the train), absence of toilet on a 20 hours’ train ride, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air, passive smoking.
5808/22
14/01/2022
Aleksandr Borisovich OZEL
1991
Leonid Leonidovich Krikun
St Petersburg
Tver Regional Court
14/07/2021
14/07/2021
14/07/2021
5880/22*
30/05/2022
Roman Alekseyevich MOKRUSHNIKOV
1992
Norilsk Town Court
13/08/2020
23/05/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
10838/22*
19/02/2022
Vladimir Valeryevich ZAVALIY
1975
Andrey Yevgenyevich Golubenko
Nea Skiony
Murmansk Regional Court
10/12/2021
28/11/2021
10/12/2021
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Murmansk, 21/05/2021 - 29/01/2022, opposite-sex operators, detention in different cells with video surveillance, 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 facilities.
11410/22
31/01/2022
Ivan Sergeyevich LISICHNIKOV
1978
Mikhail Maisovich Tsarenkov
Molodezhnyy
Tsentralniy District Court of Chita, Zabaykalskiy Regional Court
14/10/2020
Pending on the date when the application was lodged with the Court
Art. 5 (3) - excessive length of pre-trial detention - detention on remand, 14/10/2020 - pending, Tsentralniy District Court of Chita, Zabaykalskiy Regional Court: fragility of the reasons employed by the courts, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, 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.
11775/22*
16/02/2022
Aynur Azatovich YAKUPOV
1989
Elik Yevgenyevich Abdrashitov
Orel
Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
22/12/2021
07/04/2020
22/12/2021
Art. 5 (3) - excessive length of pre-trial detention - 07/04/2020 -22/12/2021; Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appellate Court of General Jurisdiction:
fragility of the reasons employed by the courts, failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding, fragility and repetitiveness of the reasoning employed by the courts as the case progressed, failure to examine the possibility of applying other measures of restraint, failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial, collective detention orders;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
12538/22
26/04/2022
Aleksandr Ivanovich BURAVENKO
1994
Ezhvinskiy District Court of Syktyvkar
31/01/2022
28/10/2021
31/01/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
13837/22*
10/02/2022
Yuriy Vladimirovich GRUDININ
1959
Aleksandr Vladimirovich Kiryanov
Taganrog
Leninskiy District Court of Rostov-on-Don
24/12/2021
24/12/2021
24/12/2021
14047/22
04/02/2022
Yevgeniy Aleksandrovich DEMCHENKO
1980
Sysolskiy District Court of the Republic of Komi, Priluzskiy District Court of the Republic of Komi
03/02/2021
13/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
18252/22*
17/03/2022
Aleksandr Sergeyevich ZAYCHENKO
1989
Sverdlovskiy District Court of Krasnoyarsk
24/01/2022
11/09/2021
24/01/2022
19962/22
28/03/2022
Pavel Vladimirovich GORINOV
1982
Kanashskiy District Court of the Republic of Chuvashia
01/10/2021
18/06/2021
01/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
20220/22
20/03/2022
Nurlan Vyacheslavovich USHAKOV
1988
Belozerskiy District Court of the Vologda Region;
Oktyabrskiy District Court of Orsk, the Orenburg Region, by way of a video conference from a detention facility
24/02/2022
27/01/2022
24/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
20728/22*
29/03/2022
Leonid Yegorovich DENDOBRENKO
1988
Slantsy Town Court of the Leningrad Region
01/09/2021
18/09/2020
01/09/2021
21519/22*
28/03/2022
Vladimir Yuryevich CHEKULDAYEV
1977
Ivdel Town Court, Sorskiy District Court of the Republic of Khakassiya, Abakan Town Court, by way of a video conference from a detention facility
09/08/2021
24/03/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
21802/22*
12/04/2022
Natalya Yuryevna TOMILOVA
1964
Elik Yevgenyevich Abdrashitov
Orel
Kirovskiy District Court of Kazan
27/12/2021
11/01/2021
27/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
21968/22
23/03/2022
Leonid Vasilyevich FILIPPOV
1990
Roman Nikolayevich Petrov
Cheboksary
Shumerlinskiy District Court of the Republic of Chuvashia, Supreme Court of the Republic of Chuvashia
28/12/2021
28/09/2021
28/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
24229/22
21/03/2022
Andrey Sergeyevich VELICHKO
1989
Syktyvdinskiy District Court of the Republic of Komi
27/12/2021
01/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
24928/22
27/04/2022
Yevgeniya Igorevna MAKARENKO
1996
Solntsevskiy District Court of Moscow
19/04/2022
19/04/2022
19/04/2022
25216/22*
26/04/2022
Vasiliy Leonidovich GUZ
1985
Supreme Court of the Republic of Komi
28/12/2021
02/11/2021
28/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
25271/22*
13/04/2022
Aleksandr Anatolyevich SOKOLYUK
1981
Oktyabrskiy District Court of Arkhangelsk, Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court
14/10/2021
29/11/2018
14/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
25386/22*
18/04/2022
Yevgeniy Gennadyevich GERASIMOV
1982
Sverdlovskiy District Court of Krasnoyarsk, Sovetskiy District Court of Krasnoyarsk
17/03/2021
16/02/2022
17/03/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
25461/22*
22/04/2022
Denis Ruslanovich SULEYMANOV
1995
Valeriy Viktorovich Kanayev
Diveyevo
Arzamas Town Court of the Nizhniy Novgorod Region
13/01/2022
13/01/2022
Pending on the date when the application was lodged with the Court
26001/22*
04/05/2022
Dmitriy Yuryevich ISAYEV
1974
Perm Regional Court, by way of a video conference from a detention facility
18/01/2022
18/01/2022
18/01/2022
Art. 3 - inadequate conditions of detention under strict imprisonment regime - applicant serving his life imprisonment under strict regime from 25/10/1999 - pending: confined to his cell (along with one or two other inmates) for twenty-two-and-a-half hours a day, lack of purposeful activity, extremely limited outside exercise, isolation from the rest of the prison community. Brought proceedings in order to have the regime of his detention altered with a milder one, but the domestic courts held that the domestic law did not provide for the possibility for those sentenced to life imprisonment to have the regime of their detention reviewed;
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.
27548/22
03/03/2022
Mikhail Vsevolodovich SPIRIN
1995
Justice of the Peace of the Dimitrovskiy Court Circuit of Syktyvkar
15/09/2021
11/08/2021
15/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
28788/22
10/05/2022
Sergey Anatolyevich BROZYANSKIY
1982
Krasnoyarsk Regional Court
18/01/2022
Pending on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
32085/22
03/06/2022
Maksudbek Dilshadovich KHUSANBAYEV
2001
Pavel Nikolayevich Zubitskiy
Moscow
Naro-Fominsk Town Court of Moscow Region, Moscow Regional Court
22/02/2022
Pending on the date when the application was lodged with the Court
Art. 5 (4) - excessive length of judicial review of detention - Naro-Fominsk Town Court of Moscow Region, detention order on 22/02/2022 - reviewed by the Moscow Regional Court on 29/03/2022; Naro-Fominsk Town Court of Moscow Region, detention order on 01/04/2022 - reviewed by the Moscow Regional Court, on 17/05/2022; Procedural deficiencies: lack of speediness of review of detention (Idalov v. Russia [GC], no. 5826/03, §§ 154‑158, 22 May 2012)
Art. 5 (3) - lack of relevant and sufficient reasons for detention - the applicant was arrested on suspicion of extortion on 12/01/2022 and detained on remand on 14/01/2022. Alleges: fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility of applying other measures of restraint.
33684/22*
20/06/2022
Andrey Olegovich DUBROVIN
1986
Sovetskiy District Court of Krasnodar, Krasnodar Regional Court
02/04/2020
Pending on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
34237/22*
22/06/2022
Yevgeniy Igorevich AFANASIYEV
1983
Narine Pavlovna Ayrapetyan
Stavropol
Kochyubeyevskiy District Court of the Stavropol Region, Stavropol Regional Court
23/03/2022
22/12/2021
23/03/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
41329/22*
12/08/2022
Ivan Sergeyevich PRIKHODKOV
1991
Marina Sergeyevna Sheykina
Chita
Eighth Cassation Court of General Jurisdiction
12/04/2022
12/04/2022
12/04/2022
42453/22*
12/08/2022
Yegor Sergeyevich AFANASYEV
1989
Marina Sergeyevna Sheykina
Chita
Eighth Cassation Court of General Jurisdiction
12/04/2022
12/04/2022
12/04/2022
44999/22*
10/09/2022
Aleksandr Vasilyevich KASARAKIN
1970
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
Oktyabrskiy District Court of Ulan-Ude, Supreme Court of the Republic of Buryatia, by way of a video conference from the detention facility
12/05/2022
22/02/2022
12/05/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.