Published on 30 October 2023
FOURTH SECTION
Application no. 12166/19
Roman Sergeyevich ZHDANOV against Russia
and 41 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 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, nos. 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
12166/19*
07/02/2019
Roman Sergeyevich ZHDANOV
1977
Tsentralniy District Court of Krasnoyarsk
25/02/2019
31/10/2018
25/02/2019
Art. 3 - inadequate conditions of detention during transport: train; 17/06/2019 - 18/06/2019; 0.35 sq. m of personal space, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, overcrowding, insufficient number of sleeping places;
Art. 3 - inhuman and degrading treatment of "outcast" inmates as a result of segregation, humiliating practices and abuse in their daily life while in detention, heightened risk of inter-prisoner violence (prison hierarchy) (S.P. and Others v. Russia, nos. 36463/11 and 10 other applications, 2 May 2023).
The applicant belongs to a "middle cast" - "the red" (technical staff) since 2007 when serving his sentence in penal facilities of the Krasnoyarsk region (IZ-1, LIU-37, IK-42, IK-5) between 27/12/2019 and 24/09/2021. He complains about his prison status and hardships he had to endure in everyday life, discriminative attitude on the ground of his degrading status and a reluctance of the penal facilities’ administration to change the existing order and their active support of the existing system of informal hierarchy;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
33267/19*
19/06/2019
Islombek Dilshatbekovich KAMALOV
1997
Memorial Human Rights Centre
Moscow
Military Appeal Court (video link)
08/10/2020
30/09/2020
08/10/2020
Art. 5 (1) (c) - unlawful pre-trial detention - On 27/12/2018 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - The applicant was detained in SIZO. His counsel petitioned to transfer him from SIZO for participation in a hearing. The court considered the counsel’s requests except the applicant’s transfer from SIZO. None of them participated in the appeal hearing on 28/01/2019;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was deprived of a possibility to cross-examine during the court proceedings the police officers on whose written statements his conviction was based (Frumkin v. Russia, no. 74568/12, § 165, 5 January 2016)
37791/19*
11/07/2019
Murad Fayzudinovich SAFARKULIYEV
1986
Ulrich Sommer
Köln
Georgiyevsk Town Court of the Stavropol Region, Stavropol Regional Court (video link)
22/01/2019
09/10/2018
22/01/2019
43022/19*
08/08/2019
Natalya Nikolayevna RUSETSKAYA
1980
Konstantin Nikolayevich Kuzmichev
Chelyabinsk
Supreme Court of the Russian Federation (video link)
13/02/2019
11/02/2019
13/02/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
4140/21*
22/12/2020
Petr Nikolayevich CHERKAS
1986
Yuliya Sergeyevna Gaynutdinova
Kazan
Ivdel Town Court of the Sverdlovsk Region
02/10/2020
Amursk Town Court of the Khabarovsk Region
21/12/2020
02/10/2020
21/12/2020
02/10/2020
21/12/2020
Art. 3 - inadequate conditions of detention: IK-6 Khabarovsk Region; from 17/11/2017 – pending on the date when the application was lodged; lack of fresh air, overcrowding, constant electric light, lack of or insufficient outdoor exercise, natural light, 2 sq. m. of personal space;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Khabarovsk Region, since 17/11/2017, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators;
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 inadequate conditions of detention after conviction
7647/21
22/12/2020
Magomed Akhmedovich ALIBEKOV
1989
Roman Nikolayevich Petrov
Cheboksary
Sovetskiy District Court of Makhachkala, Supreme Court of the Republic of Dagestan
23/06/2020
30/05/2019
23/06/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
10002/21*
26/01/2021
Ildar Foatovich AKHMETZYANOV
1977
Sergey Eduardovich Pavlov
Cheboksary
Military Appeal Court
27/07/2020
27/07/2020
27/07/2020
10883/21*
28/05/2021
Yuriy Vladimirovich PUZANOV
1991
Alla Igorevna Dunayeva
Chelyabinsk
4th 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
13010/21
21/02/2021
Vadim Vadimovich MOLYAKOV
1962
Mikhail Maisovich Tsarenkov
Irkutsk
Kirovskiy District Court of Irkutsk, Irkutsk Regional Court
29/12/2020
10/04/2019
29/12/2020
15164/21
17/02/2021
Genrik Vazgenovich MARGARYAN
1984
Ayndi Khamzatovich Isayev
Krasnoyarsk
Balakhtinskiy District Court of the Krasnoyarsk Region
28/07/2020
the proceedings were pending on the date when the application was lodged with the Court
15173/21
20/02/2021
Denis Maksimovich TYURIN
1995
Ayndi Khamzatovich Isayev
Krasnoyarsk
Leninskiy District Court of Krasnoyarsk
27/01/2021
01/06/2019
27/01/2021
15828/21*
03/03/2021
Marina Borisovna LUKASHEVICH
1975
Artem Vaniyanovich Karakasiyan
Moskva
Tverskoy District Court of Moscow, Moscow City Court
06/07/2020
the proceedings were pending on the date when the application was lodged with the Court
Art. 5 (3) - excessive length of pre-trial detention: 03/07/2020-17/12/2021; detention is based on typical assumptions; the courts referred to no evidence of real risks of the applicant’s absconding or obstructing justice
20156/21
12/03/2021
Igor Vladimirovich MUNSKIY
1967
Nikolay Vladimirovich Munskiy
Krasnoyarsk
Tsentralniy District Court of Krasnoyarsk
17/11/2020
21/02/2020
17/11/2020
22048/21*
05/04/2021
Yevgeniy Nikolayevich ANDREYEV
1977
Yuliya Fedotova
Yekaterinburg
Moskovskiy District Court of Cheboksary, Supreme Court of the Republic of Chuvashia
14/10/2020
05/06/2018
14/10/2020
22468/21*
05/04/2021
Sergey Aleksandrovich SHALAGIN
1989
Yuliya Fedotova
Yekaterinburg
Moskovskiy District Court of Cheboksary, Supreme Court of the Republic of Chuvashia
14/10/2020
29/03/2019
14/10/2020
22892/21*
28/05/2021
Ildar Railovich GABBYASOV
1985
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
25847/21*
23/04/2021
Pavel Olegovich FROLOV
1992
Dmitriy Arkadyevich Denisov
Astrakhan
Astrakhan Regional Court (video link); Kirovskiy District Court of Astrakhan
23/10/2020
21/08/2020
23/10/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
26442/21
21/04/2021
Aleksandr Sergeyevich KALASHNIKOV
1988
Antonina Nikolayevna Cherkasova
Kaliningrad
Svetliy Town Court of the Kaliningrad Region, Kaliningrad Regional Court
12/02/2021
11/09/2020
12/02/2021
28612/21*
20/04/2021
Yuriy Vyacheslavovich BESHCHENTSEV
1990
Tosno Town Court of the Leningrad Region
20/10/2020
08/11/2019
20/10/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
28812/21
11/05/2021
Aleksandr Sergeyevich SELIVANOV
1986
Isakogorskiy District Court of Arkhangelsk, Arkhangelsk Regional Court (video link)
11/02/2021
04/03/2020
11/02/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
28860/21
13/05/2021
Andrey Sergeyevich ZHIGULSKIY
Krasnoyarsk Regional Court
25/11/2020
the proceedings were pending on the date when the application was lodged with the Court
29973/21
11/05/2021
Aleksey Aleksandrovich MELNIKOV
1977
Moshkovskiy District Court of the Novosibirsk Region
26/11/2020
05/04/2020
26/11/2020
30568/21*
23/05/2021
Sergey Viktorovich DENISOV
1991
Oktyabrskiy District Court of Penza
29/12/2020
20/11/2020
29/12/2020
30994/21
30/12/2021
Aleksandr Igorevich NOVOSELOV
1992
Zheleznodorozhniy District Court of Krasnoyarsk
19/08/2021
the proceedings were pending on the date when the application was lodged with the Court
31148/21*
10/05/2021
Andrey Vladimirovich NOVOSPASSKIY
1982
Marina Sergeyevna Sheykina
Chita
Zabaykalskiy Regional Court (video link)
11/11/2020
11/11/2020
11/11/2020
31185/21
25/05/2021
Anatoliy Petrovich MONAKHOV
1978
Ilya Yulyevich Nazarov
Moscow
Istra Town Court of the Moscow Region
26/11/2020
14/07/2020
26/11/2020
31275/21*
27/05/2021
Yevgeniy Vladimirovich REUT
1990
Fokinskiy District Court of Bryansk
25/06/2021
11/02/2021
25/06/2021
Art. 8 (1) - restrictions on family visits in pre-trial facilities - on 28/07/2021 the Fokinskiy District Court of Bryansk refused the applicant’s request for phone calls with his relatives;
Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of the prohibition of the phone calls with family members in a remand prison
37791/21
29/12/2021
Andrey Borisovich TYULNIKOV
1977
Sverdlovskiy District Court of Krasnoyarsk
24/09/2021
11/02/2021
24/09/2021
38362/21
12/07/2021
Vuacheslav Vyacheslavovich YARMOLYUK
1990
Aleksandr Viktorovich Polonskiy
Volgograd
Tsentralniy District Court of Volgograd, Dzerzhinskiy District Court of Volgograd, Volgograd Regional Court
24/11/2018
the proceedings were 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
39523/21
12/06/2021
Mikhail Alekseyevich YERSHOV
1984
Petrovsk-Zabaykalskiy Town Court of the Zabaykalskiy Region; Zheleznodorozhniy District Court of Chita; Zabaykalskiy Regional Court
24/02/2021
05/04/2019
24/02/2021
39718/21
09/07/2021
Marat Iskanderovich GALIASKAROV
1986
Privolzhskiy District Court of Kazan
06/12/2021
08/09/2020
06/12/2021
41185/21
15/07/2021
Ivan Vasilyevich ATAMANYUK
1985
Sovetskiy District Court of Kazan
19/03/2021
14/01/2020
19/03/2021
41255/21
14/07/2021
Sergey Nikolayevich BOKAREV
1978
Knyazhpogostskiy District Court of the Republic of Komi
21/05/2021
13/01/2021
21/05/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
41589/21*
27/07/2021
Vladimir Aleksandrovich PYRKOV
1981
Yevgeniya Mikhaylovna Zyuzina
Voronezh
Kominternovskiy District Court of Voronezh, Leninskiy District Court of Voronezh, Ramonskiy District Court of the Voronezh Region
27/04/2021
12/09/2018
27/04/2021
Art. 5 (3) - excessive length of pre-trial detention: 12/09/2018 - 27/04/2021;
Ramonskiy District Court of the Voronezh Region; Leninskiy District Court of Voronezh, Kominternovskiy District Court of Voronezh; Voronezh 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; collective detention orders;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
41653/21*
13/09/2021
Ivan Aleksandrovich MOISEYEV
1985
Zheleznogorsk Town Court of the Kranoyarsk Region
18/06/2021
11/01/2021
18/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
41755/21
29/07/2021
Olga Vladimirovna STRUCHKOVA
1965
Aleksandr Viktorovich Polonskiy
Volgograd
Krasnoarmeyskiy District Court of Volgograd
17/03/2021
28/02/2021
17/03/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
42545/21
05/08/2021
Oleg Pavlovich PETUKHOV
1981
Ukhta Town Court of the Republic of Komi
28/10/2020
the proceedings were 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
42710/21*
05/08/2021
Maksim Igorevich MARCHENKO
1996
Boris Vladimirovich Sidorenko
Pyatigorsk
Predgorniy District Court of the Stavropol Region
05/10/2020
09/09/2021
42745/21
08/08/2021
Igor Aleksandrovich KRUPSKIKH
1974
Aleksandr Viktorovich Polonskiy
Volgograd
Krasnooktyabrskiy Disctrict Court of Volgograd, Volgograd Regional Court (video link)
24/06/2021
24/12/2019
24/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
44375/21*
22/12/2021
Artysh Aleksandrovich SALCHAK
1992
Oktyabrskiy District Court of Krasnoyarsk
22/09/2021
04/03/2020
22/09/2021
Art. 5 (3) - excessive length of pre-trial detention: 06/03/2020-22/09/2021; Oktyabrskiy District Court of Krasnoyarsk, Krasnoyarsk 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; failure to examine the possibility of applying other measures of restraint;
Art. 5 (4) - excessive length of judicial review of detention – detention order of the Oktyabrskiy District Court of Krasnoyarsk, 22/07/2021, was reviewed by the Krasnoyarsk Regional Court on 17/08/2021
26765/22*
26/04/2022
Yevgeniy Aleksandrovich DUBOVOY
1976
Leninskiy District Court of Krasnoyarsk, Sverdlovskiy District Court of Krasnoyarsk
(unknown)
15/12/2021
09/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
56144/22*
15/11/2022
Anton Nikolayevich DEMIN
1986
Ashot Aleksandrovich Andreyev
Syktyvkar
Syktyvkar Town Court, Supreme Court of the Republic of Komi, Second Appellate Court (video link)
(unknown)
28/01/2022
30/08/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
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