Communicated on 4 October 2018
THIRD SECTION
Application no. 19775/18
Aleksandr Yevgenyevich YEFIMOV against Russia
and 5 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Russian nationals. The relevant details concerning each applicant are set out in the appended table.
A. Summary of the circumstances of the cases
In the course of the criminal proceedings against them the applicants were confined in metal cages before the courts. The relevant details pertaining to each of the applicants, such as the names of the courts concerned, the dates of the relevant judgments and the frequency of the instances of confinement in metal cages, are set out in the appended table.
B. Relevant domestic law and practice and relevant international material and practice
For a summary of relevant domestic law and practice and relevant international material and practice see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 53-76, ECHR 2014 (extracts).
COMPLAINTS
The applicants complain that their confinement in metal cages in courtrooms during the criminal proceedings against them amounted to treatment proscribed by Article 3 of the Convention.
QUESTIONS TO THE PARTIES
1. Were the applicants subjected to degrading treatment, in breach of Article 3 of the Convention, on account of their confinement in metal cages during the criminal proceedings against them (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts))?
2. The Government are furthermore invited to provide the Court with up-to-date information as regards the current situation concerning metal cages in the courts of general jurisdiction of the Russian Federation. In particular, what measures did the Government undertake or plan to undertake in order to address the situation identified in Svinarenko and Slyadnev case? In particular:
(a) Have there been any changes in the rules regulating the design and layout of courthouses for courts of general jurisdiction?
(b) How many courtrooms were refurbished in order to remove metal cages or replace them with other security arrangements?
(c) How many courtrooms, as a percentage ratio, still need to be refurbished in order to remove metal cages or replace them with other security arrangements?
(d) Is there a specific schedule or plan for the removal or replacement (with other security arrangements) of the remaining metal cages in courtrooms?
(e) Have there been any changes in the practice of using metal cages in courtrooms to take account of the level of danger posed by a person to be subjected to such treatment or the type of the court hearing in question (public/closed)?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
Date of birth
Place of residence
Representative name and location
Name of the court
Date of the relevant judgment
Number of instances of confinement in a metal cage
19775/18
09/04/2018
Aleksandr Yevgenyevich YEFIMOV
05/11/1958
St Petersburg
Konstantin Sergeyevich KUZMINYKH
St Petersburg
Vsevolzhsk Town Court of the Leningrad Region
09/03/2018
One
20509/18
03/04/2018
Asgat Khasanovich KHAFIZOV
04/05/1985
Chistopol
Igor Nikolayevich SHOLOKHOV
Kazan
Military Court of the Privolzhskiy Garrison
08/12/2017
Multiple instances between 5 September 2017 and 8 December 2017
21017/18
06/04/2018
Dmitriy Igorevich RADNEV
22/08/1986
Nizhniy Novgorod
Justice of the Peace of the 1st Court Circuit of the Chistopolskiy District of the Republic of Tatarstan
11/12/2017
Three instances between 20 November and 11 December 2017
23182/18
03/05/2018
Nikolay Nikolayevich BORISENKO
26/03/1973
Chita
Zabaikalskiy Regional Court
21/02/2018
Several instances between 15 January and 8 February 2018
23267/18
04/05/2018
Lyubov Vitalyevna MALOFEYEVA
05/04/1987
Smolensk
Fedor Aleksandrovich DARYENKO
17/10/1980
Smolensk
Zadneprovskiy District Court of Smolensk
24/07/2017, 20/09/2017, 17/10/2017, 1/12/2017
Smolensk Regional Court
02/08/2017, 29/09/2017, 25/10/2017
Several instances between 24 July and 1 December 2017
24423/18
02/05/2018
Andrey Gennadyevich SUSARIN
14/01/1981
Kazan
Novo-Savinovskiy District Court of the Republic of Tatarstan (from 20/09/2017 onwards)
Supreme Court of the Republic of Tatarstan
03/04/2018
Multiple instances
Once
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