Published on 26 June 2023
FOURTH SECTION
Application no. 19753/18
Andrey Aleksandrovich ZUBAREV against Russia
and 30 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
19753/18*
20/04/2018
Andrey Aleksandrovich ZUBAREV
1985
Cherepovets Town Court, by way of a video conference from a detention facility
17/01/2018
17/01/2018
17/01/2018
13730/19*
26/02/2019
Aleksandr Aleksandrovich ZAYTSEV
1985
Vsevolzhskiy Town Court of the Leningrad Region, Kalininskiy District Court of St Petersburg, Moskovskiy District Court of St Petersburg, St Petersburg City Court
29/08/2022
19/07/2017
29/08/2022
Art. 3 - inadequate conditions of detention during transport - train, convoy cells, numerous occasions, 19/07/2017 - 22/02/2019, from the detention centres to the courthouses, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding, passive smoking, 0.3 - 0.75 sq. m. of personal space;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 5 (3) - excessive length of pre-trial detention - 19/07/2017 - 29/08/2022, Vsevolzhskiy Town Court of the Leningrad Region, Kalininskiy District Court of St Petersburg, Moskovskiy District Court of St Petersburg, St Petersburg City Court, the Second Appeal Court, failure to conduct the proceedings diligently leading to excessive length of detention on remand.
23496/19*
17/04/2019
Aleksandr Anatolyevich ILYIN
1993
Aleksey Mikhaylovich Urlashov
St Petersburg
Leningrad Regional Court, Vyborg Town Court of the Leningrad Region
06/02/2019
04/07/2017
06/02/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearing.s
45032/21*
18/01/2022
Roman Vladimirovich CHERNOKNIZHNYY
1979
Supreme Court of the Republic of Komi, the applicant placed in a glass cabin with metal structure measuring 3.5 m x 2 m x 2 m and holding four co-defendants (including the applicant), absence of ventilation, stagnant air, poor audibility
20/12/2021
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.
45145/21*
26/08/2021
Anton Yuryevich PILISHEK
1982
Sverdlovskiy District Court Krasnoyarsk
08/04/2021
12/02/2021
08/04/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
45772/21
31/08/2021
Valeriya Aleksandrovna USTYANTSEVA
2000
Aleksandr Vitalyevich Urychev
Chelyabinsk
Troitsk Town Court of the Chelyabinsk Region
27/07/2021
05/02/2021
27/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
47328/21*
26/11/2021
Aleksandr Sergeyevich IVANOV
1972
Murmansk Regional Court, by way of a video conference from a detention facility
01/06/2021
01/06/2021
01/06/2021
49687/21*
18/10/2021
Aleksandr Vladimirovich BELOV
1985
Tsentralniy District Court of Krasnoyarsk, Sverdlovskiy District Court of Krasnoyarsk
30/11/2020
pending on the date when the application was lodged
49972/21*
07/09/2021
Aleksey Anatolyevich BELYAYEV
1979
Sosnogorst Town Court of the Republic of Komi, by way of video conference from a detention facility
10/08/2021
13/08/2021
51173/21*
16/09/2021
Aleksandr Yuryevich CHICHERYUKIN
1967
Supreme Court of the Republic of Komi, the Second Appellate Court of General Jurisdiction; by way of a video conference from a detention facility
17/08/2021
28/04/2021
17/08/2021
51372/21*
20/09/2021
Aleksandr Vasilyevich ZVEREV
1960
Ivdel Town Court of the Sverdlovsk Region, by way of a video conference from a detention facility
08/07/2021
08/07/2021
08/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
53247/21*
23/09/2021
Vladimir Vladimirovich PROSIN
1982
Justice of the Peace of Court Circuit no. 1 of the Barabinskiy District of the Novosibirsk Region
25/08/2021
25/08/2021
25/08/2021
53623/21*
28/12/2021
Aleksandr Alekseyevich GRIBKOV
1990
Justice of the Peace of the Severodvinsk Judicial District no. 8 of the Arkhangelsk Region
30/09/2021
30/09/2021
30/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
55102/21*
15/10/2021
Elshan Israfil ogly GULIYEV
1976
Krasnoyarsk Regional Court, Fifth Appellate Court of General Jurisdiction
16/08/2021
05/02/2020
16/08/2021
55977/21*
14/10/2021
Anton Vladimirovich SHISHKIN
1982
Leninskiy District Court of Kirov, Kirov Regional Court, Sixth Cassation Court
20/04/2021
27/01/2020
20/04/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
56820/21*
15/10/2021
Leonid Andreyevich TSAREV
1984
Ukhta Town Court of the Republic of Komi, Supreme Court of the Republic of Komi
02/09/2021
25/05/2021
02/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
56851/21*
01/03/2022
Sergey Yulyevich SOLDATOV
1975
Supreme Court of the Republic of Komi, Second Appellate Court of General Jurisdiction
01/12/2020
01/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
57505/21*
08/11/2021
Aleksey Yuryevich KURDYUKOV
1976
Chusovoy Town Court of the Perm Region, by way of a video conference from a detention facility
23/06/2021
23/06/2021
23/06/2021
5739/22
18/12/2021
Ivan Vladimirovich RUMYANTSEV
1980
Krasnoperekopskiy District Court of Yaroslavl
21/11/2021
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.
5793/22
30/12/2021
Yelena Anatolyevna VOYEVODINA
1974
Cherepovets Town Court of the Vologda Region
16/12/2021
Pending on the date when the application was lodged with the Court
6401/22*
10/12/2021
Valeriy Aleksandrovich KOLOMEYETS
1960
Nizhnevartovskiy District Court of the Khanty-Mansi Autonomous Region - Yugra
17/06/2021
15/01/2021
17/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
8460/22*
13/01/2022
Dmitriy Georgiyevich CHUMACHENKO
1997
Pavel Markovich Pliskin
St Petersburg
Military Court of the 224 Garrison
16/07/2021
12/03/2021
16/07/2021
9129/22*
17/01/2022
Yevgeniy Favadisovich MINYAZEV
1987
Tosno Town Court of the Leningrad Region, Leningrad Regional Court
11/08/2021
Pending on the date when the application was lodged with the Court
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IVS Tosno, Leningrad Region, 27/07/2021, 11/08/2021, 24/08/2021, 06/10/2021, 19/10/2021, 25/11/2021, 23/12/2021, 13/01/2022, video surveillance in a lavatory, detention in different cells with video surveillance, opposite-sex operators
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;
Art. 5 (4) - excessive length of judicial review of detention - (Idalov v. Russia [GC], no. 5826/03, §§ 154‑158, 22 May 2012): on 06/10/2021 the Leningrad Regional Court examined the applicant’s appeal statement against the detention order of the Tosno Town Court of the Leningrad Regions of 11/08/2021.
9777/22*
11/02/2022
Aleksey Aleksandrovich MATVEYEV
1987
Oktyabrskiy District Court of Krasnoyarsk
23/12/2021
21/10/2020
23/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
9780/22*
26/01/2022
Kamandar Dzhabir Ogly BAYRAMOV
1995
Sovetskiy District Court of Krasnoyarsk
16/11/2019
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.
10672/22*
01/02/2022
Vyacheslav Igorevich VASHCHENKO
1975
Yaroslavskiy District Court of the Yaroslavl Region
24/09/2021
24/09/2021
24/09/2021
11064/22
03/02/2022
Nikolay Georgiyevich PECHENOV
1988
Zelenogorsk Town Court of the Krasnoyarsk Region
11/01/2022
03/12/2021
11/01/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
35266/22*
05/07/2022
Yelena Viktorovna BAZYUK
1983
Maksim Fedorovich Starchenko
Ukhta
Supreme Court of the Republic of Komi, by way of a video conference from a detention facility
15/04/2022
12/04/2022
15/04/2022
35476/22
25/04/2022
Semen Vladimirovich YATSYK
1999
Kirovskiy District Court of Krasnoyarsk
31/03/2022
21/02/2022
31/03/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
35481/22
29/04/2022
Yegor Sergeyevich MONAYENKOV
1987
Tsentralniy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
25/04/2022
12/04/2021
25/04/2022
6858/23*
27/01/2023
Ruslan Rustamovich SAFIN
1986
Elik Yevgenyevich Abdrashitov
Orel
Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan
20/09/2017
05/12/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;
Art. 3 - inadequate conditions of detention during transport - van, 20/09/2017 - 05/12/2022, overcrowding, inadequate temperature, no or restricted access to toilet, 0.16 sq. m. of personal space;
Art. 5 (3) - excessive length of pre-trial detention - the applicant was detained in a remand prison from 20/09/2017 to 05/12/2022 on the charges of extortion; failure to conduct the proceedings diligently leading to excessive length of detention on remand.