Published on 30 October 2023
FIRST SECTION
Application no. 28355/18
Yuriy Viktorovich ZAVGORODNIY against Russia
and 22 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 inadequate conditions of detention under strict imprisonment regime which are the subject of well-established case law of the Court (see N.T. v. Russia, no. 14727/11, 2 June 2020).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention under strict imprisonment regime)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date of detention under strict regime
Other complaints under well-established case-law
28355/18*
04/06/2018
Yuriy Viktorovich ZAVGORODNIY
1970
Yelena Leonidovna Kharitonovskaya
Vologda
IK-2 Vologda Region
02/10/2002 – pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-2 Vologda Region, 02/10/2002 - pending on the date when the application was lodged, opposite-sex operators
30449/18*
21/05/2018
Anton Vasilyevich BOLSHESHAPOV
1985
IK-6 Khabarovsk Region
26/09/2017 - pending on the date when the application was lodged
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during several hearings by video link from IK-6 Khabarovsk region before the Ivdelsk Town Court, Amur Town Court, Kuybyshevskiy District Court of Irkutsk, Kirovskiy District Court of Khabarovsk (02/10/2020 - 11/02/2021), civil proceedings on conditions of detention. The applicant is a life prisoner.
42594/18*
25/08/2018
Petr Aleksandrovich TARASOV
1988
Tatyana Robertovna Yesina
Sevastopol
IK-6 Khabarovsk Region
01/04/2018 - pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - train, 10/03/2018 - 25/03/2018, 0.6 sq. m. of personal space; insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, overcrowding, passive smoking, poor quality of potable water
42684/18*
20/08/2018
Anatoliy Bogdanovich AYRIKH
1985
IK-56 Sverdlovsk Region
IK-6 Khabarovsk Region
05/03/2013 - 11/02/2018;
11/03/2018 - pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Khabarovsk Region, 11/03/2018 - pending on the date when the application was lodged, opposite-sex operators;
Art. 3 - inadequate conditions of detention during transport - six transfers by train 11/02/2018 - 09/03/2018, 0.5-1 sq. m., five inmates per train compartment, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to running water, lack of ventilation
42876/18*
28/08/2018
Vladimir Aleksandrovich SOFRONOV
1986
Tatyana Robertovna Yesina
Sevastopol
IK-6 Khabarovsk Region
26/04/2018 - pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;
Art. 3 - inadequate conditions of detention during transport - train, transit cells, 11/03/2018 - 26/04/2018; no or restricted access to warm water, overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in IK-6 Khabarovsk Region during court hearings on 30/08/2019, 09/10/2019 and 21/10/2019;
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - the applicant serving his sentence more than 6,500 km away from his family in Sverdlovsk Region
52472/18*
17/10/2018
Anatoliy Yuryevich ZHAKUN
1965
IK-18 Yamalo-Nenets Autonomous Region
15/12/2008 - pending on the date when the application was lodged
36284/19*
21/06/2019
Sergey Yuristovich ZARIPOV
1966
Oleg Petrovich Drobyshev
St Petersburg
IK-18 Yamalo-Nenets Autonomous Region
10/10/2011 - pending
first 10 years expired on 10/10/2021
47280/19*
23/03/2020
Vyacheslav Vladimirovich MATVEYEV
1990
IK-2 Perm Region
06/2015 - pending on the date when the application was lodged
Art. 8 - allocation or transfer to a remote penal facility irrespective of family life considerations - allocation to a remote facility around 700 km away from the place of residence of the applicant’s family (mother, grandmother and daughter living in Novoursayevo, Bashkortostan Republic); restrictions on long-term visits
47331/19*
27/08/2019
Denis Aleksandrovich KARAKOV
1982
IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region
14/05/2010 - 14/05/2020
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ivdelskiy Town Court of Sverdlovsk Region, 20/01/2021, 23/03/2021
51517/19*
18/09/2019
Sergey Borisovich KUTNYUK
1969
Tatyana Robertovna Yesina
Sevastopol
IK-6 Khabarovsk Region
09/04/2018 - pending on the date when the application was lodged
62577/19*
21/11/2019
Valeriy Petrovich PIDGURSKIY
1994
IK-6 Khabarovsk Region
10/09/2018- pending on the date when the application was lodged
2431/20*
10/12/2019
Artem Aleksandrovich PROKHORENKO
1985
Viktor Aleksandrovich Mager
Pushkin
IK-6 Khabarovsk Region
26/01/2018 - pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of the applicant’s placement in metal cage during the hearings of his civil cases by video link;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant’s placement in metal cage during the hearings of his multiple civil cases by the Third Cassation Court, St Petersburg City Court, Khabarovsk Regional Court, Ivdel Town Court, Kirovskiy District Court of Khabarovsk, Kolpinskiy District Court of St Petersburg, Frunzenskiy District Court of St Petersburg in the period from 02/02/2022 to 25/04/2022. All hearings were held by video link from IK-6 Khabarovsk Region
6229/20*
10/01/2020
Vasiliy Vasilyevich STROKOV
1979
IK-6 Khabarovsk Region
17/01/2017 - pending on the date when the application was lodged
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - van and train, 10/08/2019 - 25/08/2019, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding (0.5 sq. m. of personal space per inmate), no or restricted access to toilet, lack of or poor quality of bedding and bed linen, poor quality of potable water, poor quality of food
26642/20*
30/03/2020
Zhamil Zhavitovich BIKAYEV
1973
IK-56 Sverdlovsk Region;
IK-6 Khabarovsk Region
24/07/2009 - pending (on 11/02/2019 the applicant applied for change of imprisonment regime, but remained under strict regime)
Art. 13 - lack of an effective remedy against refusals of short-term family visits;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Khabarovsk Region, 26/01/2018 - pending on the date when the application was lodged, detention in different cells with video surveillance, opposite-sex operators;
Art. 8 (1) - refusal of leave to prisoner for attending funeral of close relatives
26663/20*
30/03/2020
Khushnud Tursunovich TURAKULOV
1988
IK-18 Yamalo-Nenets Autonomous Region
16/01/2011-16/01/2021
26852/20*
19/05/2020
Artem Aleksandrovich AKSENCHIK
1985
IK-56 Sverdlovsk Region;
IK-6 Khabarovsk Region
04/11/2010 -
pending on the date when the application was lodged
27059/20*
26/03/2020
Sergey Pavlovich KOLESNIKOV
1985
IK-6 Khabarovsk Region
09/12/2018 (transferred from IK-5 Volgograd Region) - pending; first 10 years expire on 31/10/2026.
36580/20*
15/07/2020
Oleg Vladimirovich LEVCHUK
1972
Aleksey Nikolayevich Laptev
Moscow
IK-6 Orenburg Region
14/03/2001 - 15/10/2019
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Orenburg Region, 14/03/2001 - 15/10/2019, opposite-sex operators, video surveillance in a lavatory
42190/20*
04/09/2020
Yuriy Sergeyevich KRYUKOV
1994
IK-6 Khabarovsk Region
26/11/2017 - pending on the date when the application was lodged
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Khabarovsk Region, 26/11/2017 - pending on the date when the application was lodged, opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
43051/20*
09/09/2020
Sergey Aleksandrovich FEDOROV
1980
Natalya Borisovna Fedorova
Fryanovo
IK-2 Perm Region
30/07/2012 - pending on the date when the application was lodged
Art. 3 - inadequate conditions of detention - The applicant is detained in IK-2 of the Perm Region since 30/07/2012. He complains of overcrowding, stating that the living space of his cell is 1.35 sq. m. per person. He also complains of handcuffing him despite the fact that he is a disabled individual with injured left hand and claims that he is detained at the underground level and the bars at the window do not allow to clean it to let the natural light into the cell.
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
43511/20*
14/09/2020
Sergey Vasilyevich RASSOLOV
1958
Tatyana Robertovna Yesina
Sevastopol
IK-56 Sverdlovsk Region;
IK-6 Khabarovsk Region
13/08/2010 -
pending on the date when the application was lodged
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-6 Khabarovsk Region, 09/02/2018 - pending on the date when the application was lodged, opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
48054/20*
10/10/2020
Vasiliy Valentinovich SATINOV
1979
Yuliya Sergeyevna Gaynutdinova
Kazan
IK-6 Khabarovsk Region, IK-56 Sverdlovsk Region
15/04/2016 - pending 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 , in respect of permanent video surveillance in detention facilities and in respect of placement in a penal facility irrespective of family considerations;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Khabarovsk Region, 09/03/2018 - pending on the date when the application was lodged, detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - between 14/05/2020 to 10/08/2020 in the Ivdel Town Court of the Sverdlovsk Region, Sverdlovsk Regional Court;
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - the applicant serving his sentence more than 7,000 km away from his father’s residence in Ukhta
26391/22*
04/05/2022
Tyulegen Mingishevich KHABBASOV
1984
IK-2 Perm Region
06/03/2008 - pending on the date when the application was lodged
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the hearing at the Perm Regional Court via video link on 19/01/2022 (the proceedings concerned his transfer to a correctional facility with a more lenient regime)
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