Published on 30 May 2023
FOURTH SECTION
Application no. 15304/19
Olesya Viktorovna YELISEYEVA against Russia
and 39 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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
15304/19*
04/03/2019
Olesya Viktorovna YELISEYEVA
1979
Aleksey Vladimirovich Yezerskiy
Samara
Samarskiy District Court of Samara; Samara Regional Court
04/09/2018
19/09/2017
04/09/2018
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
1739/20*
18/12/2019
Aleksey Aleksandrovich PULYALIN
1986
Anton Alekseyevich KOROSTELEV
1987
Ukhta Town Court of the Republic of Komi;
Supreme Court of the Republic of Komi, Second Court of Appeal, Third Cassation Court;
Supreme Court of Russia:
by means of a video link from remand prisons IK-6 Orenburg (1st applicant) and SIZO-2 the Republic of Komi
(2nd applicant).
21/03/2019
28/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
40664/20
24/02/2021
Vitaliy Valeryevich KOTCHENKO
1982
Krasnoyarsk Regional Court, Fifth Appeal Court
10/06/2021
21/10/2019
10/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
50736/21
04/10/2021
Ilya Mikhaylovich TONKIKH
2001
Syktyvkar Town Court of the Republic of Komi
29/07/2021
06/01/2021
29/07/2021
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 ineligibility to vote in or stand for elections;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-1 Republic of Komi (detention in different cells with video surveillance, opposite-sex operators) from 06/01/2021 to 02/09/2021;
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - Impossibility for the applicant as a prisoner to vote in elections, including elections to the lower chamber of the Russian Parliament on 19/09//2021;
Art. 14 - prohibition of discrimination - in conjunction with
Prot. 1 Art. 3
53112/21
06/10/2021
Viktor Nikolayevich SHCHEGLOV
1975
Kupinskiy District Court of the Novosibirsk Region
17/05/2021
09/03/2021
17/05/2021
58425/21
28/10/2021
Eduard Vyacheslavovich NIKOLAYEV
1992
Sysolskiy District Court of the Republic of Komi
13/07/2021
13/07/2021
13/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
58434/21
01/11/2021
Sergey Konstantinovich SHMELEV
1994
Tsentralnyy District Court of Krasnoyarsk
05/07/2021
11/03/2020
05/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
58665/21*
03/11/2021
Anvar Urazgaleyevich KALDAMANOV
1987
Onega Town Court of the Arkhangelsk Region
20/10/2021
20/10/2021
20/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
58731/21*
11/11/2021
Takhir Rashitovich AKHMETSHIN
1976
Second Appeal Court
13/07/2021
13/07/2021
13/07/2021
59214/21*
11/11/2021
Maksim Aleksandrovich GUSHCHIN
1990
Slobodskoy District Court of the Kirov Region
29/09/2021
29/09/2021
29/09/2021
59559/21
22/10/2021
Aleksandr Ivanovich DEVYATOV
1976
Argayashskiy District Court of the Chelyabinsk Region
(by means of video conference from a metal cage in the detention facility)
06/08/2021
07/06/2021
06/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
59575/21
21/01/2022
Anatoliy Aleksandrovich BESSONOV
1991
Kirovskiy District Court of Krasnoyarsk
29/12/2021
11/05/2021
29/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
59729/21
16/02/2022
Nikolay Sergeyevich KLEMETS
1978
Kirovskiy District Court of Krasnoyarsk
10/12/2021
30/06/2021
10/12/2021
60502/21
20/11/2021
Pavel Vladimirovich AGAFUROV
1984
Leninskiy District Court of Barnaul, Altay Regional Court
(in the later court the applicant participated by means of the video link from the remand prison)
30/07/2021
06/04/2021
30/07/2021
60503/21
07/11/2021
Olga Aleksandrovna LOGINOVA
1995
Dzerzhinskiy District Court of Novosibirsk, Novosibirsk Regional Court
(in the later court the applicant participated by means of the video link from the remand prison)
17/05/2021
22/12/2020
17/05/2021
60504/21
17/11/2021
Maksim Vadimovich TROFIMENKO
1993
Dzerzhinskiy District Court of Volgograd
06/07/2021
End date is unknown, placement in metal cage was ongoing on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
60505/21
25/11/2021
Fenil Minnereisovich SMENOV
1978
Batyrevskiy District Court of the Republic of Chuvashia, Supreme Court of the Republic of Chuvashia
(in the later court the applicant participated by means of the video link from the remand prison)
19/08/2021
02/02/2021
19/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
60844/21
29/11/2021
Aleksandr Anatolyevich ARTEYEV
1970
Supreme Court of the Republic of Komi
31/05/2021
26/01/2021
31/05/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
61017/21
25/02/2022
Nikita Sergeyevich FEDOROV
1998
Pervomayskiy District Court of Kirov
17/02/2022
09/05/2021
17/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
61023/21*
17/02/2022
Yevgeniy Vladimirovich KUZMINYKH
1982
Sovetsk Town Court of the Kirov Region
13/12/2021
10/11/2021
13/12/2021
61081/21
29/11/2021
Vitaliy Valentinovich OVCHINNIKOV
1969
Oktyabrskiy District Court of Arkhangelsk
24/08/2021
03/06/2021
24/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
61378/21*
27/11/2021
Aleksandr Leonidovich SAFRONOV
1974
Dzerzhinskiy District Court of Novosibirsk
28/07/2021
12/01/2021
28/07/2021
61384/21*
23/11/2021
Anton Alekseyevich MOKROUSOV
1980
Leninskiy District Court of Novosibirsk, Novosibirsk Regional Court
(in the later court the applicant participated by means of the video link from the remand prison)
15/06/2021
20/11/2020
30/08/2021
61390/21*
30/11/2021
Maksim Vladimirovich SHADRIN
1990
Dzerzhinskiy District Court of Novosibirsk;
Novosibirsk Regional Court
(in the later court the applicant participated by means of the video link from the remand prison)
13/09/2021
29/07/2021
13/09/2021
61592/21
07/12/2021
Nikolay Nikolayevich BOGOLYUBOV
2000
Aleksey Igorevich Korneyev
Bryansk
Leninskiy District Court of Kursk
24/06/2021
09/03/2021
24/06/2021
61654/21*
04/12/2021
Faridun Yatimovich DOSTIYEV
1991
Trusovskoy District Court of Astrakhan, Leninskiy District Court of Astrakhan, Astrakhan Regional Court
(in the later court the applicant participated by means of the video link from the remand prison)
08/09/2021
31/08/2019
08/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
111/22
22/11/2021
Roman Nikolayevich STARKOV
1993
Justice of the Peace of the 70-th Judicial District of Kirov
03/08/2021
03/08/2021
03/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
179/22*
13/12/2021
Denis Aleksandrovich RYZHOV
1987
Supreme Court of the Republic of Komi
15/06/2021
15/06/2021
15/06/2021
Art. 3 - inadequate conditions of detention during transport - van, train, from 28/10/2021 to 20/12/2021, 0.2‑0.4 sq. m. of personal space, overcrowding, lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet;
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
180/22*
07/12/2021
Denis Vladimirovich FADEYEV
2000
Kazan Garrison Military Court
21/06/2021
21/06/2021
21/06/2021
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IZ-1 Republic of Tatarstan, 13/03/2021-16/07/2021, detention in different cells with video surveillance, opposite-sex operators
466/22
30/11/2021
Aleksey Alekseyevich DYUZHEV
1988
Aleksandr Viktorovich Polonskiy
Volgograd
Dzerzhinskiy District Court of Volgograd
10/03/2021
25/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
597/22*
23/11/2021
Albert Dinariyevich SAYFULLIN
1982
Elvira Ilgizovna Khaziyeva
Almetyevsk
Supreme Court of Russia
(in the later court the applicant participated by means of the video link from the remand prison)
02/09/2021
02/09/2021
02/09/2021
613/22*
14/03/2022
Sergey Viktorovich OKHAPKIN
1989
Pervomayskiy District Court of Kirov
07/02/2022
09/03/2022
793/22*
20/12/2021
Aleksandr Aleksandrovich MATYASKIN
1994
Elik Yevgenyevich Abdrashitov
Orel
Zheleznodorozhnyy District Court of Samara, Sovetskiy District Court of Samara, Vakhitovskiy District Court of Kazan, Novo-Savinovskiy District Court of Kazan
27/07/2021
28/04/2017
27/07/2021
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 - detention from 27/04/2017 to 27/07/2021, collective detention orders; 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; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial
835/22*
26/11/2021
Denis Gennadyevich KRUGLYANIN
1979
Kirovskiy District Court of Irkutsk, Irkutsk Regional Court
28/11/2017
End date is unknown, placement in metal cage was ongoing on the date when the application was lodged
Art. 5 (3) - excessive length of pre-trial detention - detention since 28/10/2017 and ongoing at the time when the application was lodged with the Court, Specific defects: as the case progressed, 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
985/22*
15/12/2021
Sergey Vladimirovich YEGOROV
1967
Yelena Nikolayevna Panshina
Moscow
Moscow City Court
16/06/2021
16/06/2021
16/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
1077/22*
15/12/2021
Aleksandr Yuryevich GONCHAROV
1982
Vorkuta Town Court of the Republic of Komi
18/02/2021
29/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
2243/22
13/12/2021
Yevgeniy Nikolayevich AGAFONOV
1984
Supreme Court of the Republic of Komi
(by way of a video link from the detention facility)
15/06/2021
08/06/2021
15/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
2245/22
10/12/2021
Denis Aleksandrovich SOLOVYEV
1982
Syktyvdinskiy District Court of the Republic of Komi
18/06/2021
18/12/2020
18/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
2246/22*
13/12/2021
Marat Radifovich KHANNANOV
1987
Privolzhskiy District Court of Kazan
30/09/2021
08/12/2020
30/09/2021
2247/22
21/12/2021
Grigoriy Aleksandrovich ZINOVYEV
1992
Sysolskiy District Court of the Republic of Komi
03/08/2021
Sysolskiy District Court of the Republic of Komi
21/01/2022
26/07/2021
13/10/2021
03/08/2021
21/01/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings