20864/18;44775/18;6166/19;1647/20;2936/20;13817/20;49513/21;14034/22;28951/23

FOURTH SECTION CASE OF KISLOV AND OTHERS v. RUSSIA (Applications nos. 20864/18 and 8 others – see appended list)             JUDGMENT   STRASBOURG 27 June 2024   This judgment is final but it may be subject to editorial revision. In the case of Kislov and Others v. Russia, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Branko Lubarda, President,  Armen Harutyunyan,  Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 June 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Russian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the inadequate conditions of their detention. Some applicants also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. Jurisdiction 6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023). ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 7.  The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention. 8.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96-101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-59, 10 January 2012). 9.  In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate. 11.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see the appended table). These complaints are not manifestly ill‑founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well-established case-law (see Sergey Babushkin, cited above, concerning the lack of an effective remedy in respect of the complaint about inadequate conditions of post-conviction detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; Reshetnyak v. Russia, no. 56027/10, 8 January 2013, concerning the authorities’ failure to ensure adequate medical assistance to seriously ill prisoners and to provide them with effective remedies in respect of the relevant complaints; S.P. and Others v. Russia, nos. 36463/11 and 10 others, 2 May 2023, concerning inhuman and degrading treatment of detainees on account of their subordinate status as “outcast” prisoners in an unofficial prisoner hierarchy and the authorities failure to take action in that respect; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013, concerning prisoners’ right to vote). 13.  In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints lodged by Mr Kislov under Articles 13 and 14 of the Convention (application no. 20864/18). APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Sergey Babushkin v. Russia (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, nos. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares the applications admissible; Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction; Holds that there has been a violation of the Convention and its Protocols as regards the other complaints raised under the well-established case-law of the Court (see the appended table); Holds that it is not necessary to examine separately the remaining complaints raised by Mr Kislov in application no. 20864/18; Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points. Done in English, and notified in writing on 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Branko Lubarda  Acting Deputy Registrar President   APPENDIX List of applications raising complaints under Article 3 of the Convention (inadequate conditions of detention after conviction) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Facility Start and end date Duration Inmates per brigade Sq. m per inmate Number of toilets per brigade Specific grievances Domestic award  (in euros); final court decision Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     20864/18 15/06/2018 Nikolay Yuryevich KISLOV     IK-5 Krasnoyarsk Region   27/03/2016 to 11/11/2020 4 year(s) and 7 month(s) and 16 day(s) 110 inmate(s) 2.1-2.5 m² 4 toilet(s) overcrowding, mouldy or dirty cell, inadequate temperature, lack of or insufficient electric light, insufficient number of toilets and wash basins, lack of privacy for toilet, lack of fresh air, poor quality of food, lack or insufficient quantity of food, insufficient space of the TV and dining rooms   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, conditions of detention during transport,   Art. 3 - inadequate conditions of detention during transport - transfer for 2 hours on 30/10/2020 from IK-5 Krasnoyarsk Region to Transit Unit of IK-6 Krasnoyarsk Region by van; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air; 0.3 sq. m; transfer on 04/10/2021 by train – 10 inmates held in the compartment; the transfer lasted 15 hours; no individual sleeping place; restricted access to toilet,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - from 11/09/2021 in SIZO-1 Krasnoyarsk, IK-5 and IK-6 Krasnoyarsk Region, UKP-31 and KP-41 (detention in different cells with video surveillance, opposite-sex operators),   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) - The applicant complained of the informal hierarchy in detention facilities since 11/09/2021 (SIZO-1 in Krasnoyarsk, IK-5 and IK-6 in Krasnoyarsk Region, UKP-31, KP-41 ) and his poor treatment by his inmates and personnel of the detention facilities because of his status as “red” (вязаный). On multiple occasions he was forced to clean cells and other prison premises; he was prevented from using the same facilities as his inmates belonging to the privileged group of prisoners (was not allowed to eat at the allocated place, could not watch TV when the “men” were there etc.). 13,300     44775/18 06/08/2018 Vugar Salekhovich GUMBATOV     IK-23 Irkutsk Region   18/01/2018 to 04/01/2019 11 month(s) and 18 day(s) 100 inmate(s) 10 toilet(s)   overcrowding, no or restricted access to warm water, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of wash basins, lack of privacy for toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and conditions of transport,    Art. 3 - inadequate conditions of detention during transport - Transfer to the colony by van from 14/11/2018 to 17/11/2018 (two transfers, each lasted about 11 hours): overcrowding, no or restricted access to toilet 6,100     6166/19 27/12/2018 Ivan Anatolyevich NIKITIN Kulakov Yevgeniy Valeryevich Arkhangelsk IK-1 Arkhangelsk   08/12/2011 to 28/09/2019 7 year(s) and 9 month(s) and 21 day(s) 80 inmate(s) 5 toilet(s) lack of privacy for toilet, overcrowding, infestation of cell with insects/rodents, inadequate temperature   Supreme Court of the Russian Federation, 17/01/2022 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 7,300     1647/20 16/12/2019 Vitaliy Aleksandrovich NAZARENKO     IK-5 Krasnoyarsk Region   23/04/2015 to 13/09/2019 4 year(s) and 4 month(s) and 22 day(s) 100 inmate(s) 3.2-3.8 m² 4 toilet(s) lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 5,000     2936/20 10/12/2019 Eduard Viktorovich LAPSHOV     IK-25 Komi Republic   07/11/2014 to 18/04/2022 7 year(s) and 5 month(s) and 12 day(s) 150 inmate(s)   bunk beds, overcrowding, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote (elections to the State Duma of 17-19/09/2021) because the applicant is the prisoner; 12,300     13817/20 26/02/2020 Denis Gennadyevich KONSTANTINOV Konstantinova Valeriya Alekseyevna Dolgoprudnyy FKU-T Ulyanovsk Region   26/01/2018 pending More than 5 year(s) and 2 month(s) and 30 day(s) 3.25 m² overcrowding, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of clothes, lack of fresh air, inadequate temperature, lack of or insufficient quantity of food, lack of or insufficient natural light, lack of or insufficient electric light, constant water leaks     12,500     49513/21 21/09/2021 Dmitriy Aleksandrovich PASHIYEV     IK-10 Yekaterinburg   02/03/2015 to 02/07/2019 4 year(s) and 4 month(s) and 1 day(s) 1.1-1.6 m² overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of requisite medical assistance   Supreme Court of the Russian Federation, 04/08/2021   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4,500     14034/22 17/02/2022 Ivan Borisovich KIRENKOV     IK-8 Komi Republic   06/06/2018 Pending as of 16/09/2022 4 year(s) and 3 month(s) and 11 day(s) 130 inmate(s) 1.4 m² 4 toilet(s) lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention and in respect of the conditions of post-conviction detention,   Art. 3 - inadequate medical treatment in detention - 06/06/2018 - pending as of 16/09/2022; 4 year(s) and 3 month(s) and 11 day(s); tuberculosis, HIV/AIDS, heart condition, hepatitis, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy     19,500     28951/23 05/07/2023 Aleksandr Nikolayevich KIRILLOV Petrov Roman Nikolayevich Cheboksary IK-11 Nizhniy Novgorod Region   13/03/2017 to 14/09/2021 4 year(s) and 6 month(s) and 2 day(s) 120 inmate(s) 1.5 m² 5 toilet(s) infestation of cell with insects/rodents, lack of or insufficient electric light, lack of fresh air, poor quality of food   Supreme Court of the Russian Federation, 06/03/2023   4,200     [1] Plus any tax that may be chargeable to the applicants.