28355/18;30449/18;42594/18;42684/18;42876/18;52472/18;36284/19;47280/19;47331/19;51517/19;62577/19;2431/20;6229/20;26642/20;26663/20;26852/20;27059/20;36580/20;42190/20;43051/20;43511/20;48054/20;26391/22

FOURTH SECTION CASE OF ZAVGORODNIY AND OTHERS v. RUSSIA (Applications nos. 28355/18 and 22 others – see appended list)             JUDGMENT   STRASBOURG 15 February 2024   This judgment is final but it may be subject to editorial revision. In the case of Zavgorodniy 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 25 January 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 detention under strict imprisonment regime. 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 detention under strict imprisonment regime. They relied, expressly or in substance, on Article 3 of the Convention. 8.  In the leading case of N.T. v. Russia, no. 14727/11, 2 June 2020, the Court already found a violation in respect of issues similar to those in the present case. 9.  Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question),  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 strict imprisonment regime applied to the applicants as life prisoners has been incompatible with the requirements of Article 3 of the Convention on account of the severe and excessive statutory measures inherent in that regime, aggravated by routine handcuffing. 10.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see 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 findings in Svinarenko and Slyadnev v. Russia [GC] (nos. 32541/08 and 43441/08, ECHR 2014 (extracts)), Idalov v. Russia [GC] (no. 5826/03, 22 May 2012), Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). 12.  In the light of the findings above, the Court considers that there is no need to deal separately with the remaining complaints raised by the applicants in relation to the well-established case-law of the Court (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019). APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, N.T., cited above), 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 under strict imprisonment regime; Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table); Holds that it is not necessary to examine separately the remaining complaints raised by the applicants; 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 period plus three percentage points. Done in English, and notified in writing on 15 February 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 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 Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]     28355/18 04/06/2018 Yuriy Viktorovich ZAVGORODNIY Kharitonovskaya Yelena Leonidovna Vologda IK-2 Vologda Region 02/10/2002 – 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 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 with the Court, opposite-sex operators 4,000     30449/18 21/05/2018 Anton Vasilyevich BOLSHESHAPOV     IK-6 Khabarovsk Region 26/09/2017 – pending on the date when the application was lodged with the Court 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 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 5,000     42594/18 25/08/2018 Petr Aleksandrovich TARASOV Yesina Tatyana Robertovna Sevastopol IK-6 Khabarovsk Region 01/04/2018 – 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 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 5,000     42684/18 20/08/2018 Anatoliy Bogdanovich AYRIKH     IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region 05/03/2013 - 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 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 with the Court, 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 5,000     42876/18 28/08/2018 Vladimir Aleksandrovich SOFRONOV Yesina Tatyana Robertovna Sevastopol IK-6 Khabarovsk Region 26/04/2018 - 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 inadequate conditions of detention during transport;   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   5,000     52472/18 17/10/2018 Anatoliy Yuryevich ZHAKUN     IK-18 Yamalo-Nenets Autonomous Region 15/12/2008 - pending on the date when the application was lodged with the Court       3,000     36284/19 21/06/2019 Sergey Yuristovich ZARIPOV Drobyshev Oleg Petrovich St Petersburg IK-18 Yamalo-Nenets Autonomous Region 10/10/2011 - pending on the date when the application was lodged with the Court   first 10 years expired on 10/10/2021   3,000     47280/19 23/03/2020 Vyacheslav Vladimirovich MATVEYEV     IK-2 Perm Region 06/2015 - pending on the date when the application was lodged with the Court   3,000     47331/19 27/08/2019 Denis Aleksandrovich KARAKOV     IK-56 Sverdlovsk Region,   14/05/2010 - 14/05/2020 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention under the strict regime;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ivdel Town Court of Sverdlovsk Region, at the hearings on 20/01/2021, 23/03/2021 5,000   51517/19 18/09/2019 Sergey Borisovich KUTNYUK Yesina Tatyana Robertovna Sevastopol IK-6 Khabarovsk Region 09/04/2018 - pending on the date when the application was lodged with the Court     3,000   62577/19 21/11/2019 Valeriy Petrovich PIDGURSKIY     IK-6 Khabarovsk Region 10/09/2018- pending on the date when the application was lodged with the Court   3,000   2431/20 10/12/2019 Artem Aleksandrovich PROKHORENKO Mager Viktor Aleksandrovich Pushkin IK-6 Khabarovsk Region 26/01/2018 - pending on the date when the application was lodged with the Court 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 5,000   6229/20 10/01/2020 Vasiliy Vasilyevich STROKOV     IK-6 Khabarovsk Region 17/01/2017 - 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 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 5,000   26642/20 30/03/2020 Zhamil Zhavitovich BIKAYEV     IK-56 Sverdlovsk Region,   IK-6 Khabarovsk Region 24/07/2009 - pending on the date when the application was lodged with the Court On 11/02/2019 the applicant applied for change of imprisonment regime, but remained under strict regime 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 with the Court, detention in different cells with video surveillance, opposite-sex operators 4,000   26663/20 30/03/2020 Khushnud Tursunovich TURAKULOV     IK-18 Yamalo-Nenets Autonomous Region 16/01/2011-16/01/2021   3,000   26852/20 19/05/2020 Artem Aleksandrovich AKSENCHIK     IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region 04/11/2010 - pending on the date when the application was lodged with the Court   3,000   27059/20 26/03/2020 Sergey Pavlovich KOLESNIKOV     IK-6 Khabarovsk Region 09/12/2018 (transferred from IK-5 Volgograd Region) - pending on the date when the application was lodged with the Court   first 10 years expire on 31/10/2026     3,000   36580/20 15/07/2020 Oleg Vladimirovich LEVCHUK Laptev Aleksey Nikolayevich 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 4,000   42190/20 04/09/2020 Yuriy Sergeyevich KRYUKOV     IK-6 Khabarovsk Region 26/11/2017 - 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 - in IK-6 Khabarovsk Region, 26/11/2017 - pending on the date when the application was lodged with the Court, opposite-sex operators    Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 4,000   43051/20 09/09/2020 Sergey Aleksandrovich FEDOROV Fedorova Natalya Borisovna Fryanovo IK-2 Perm Region 30/07/2012 – pending on the date when the application was lodged with the Court Art. 3 - inadequate conditions of detention - The applicant has been detained in IK-2 Perm Region since 30/07/2012. He complained of overcrowding, stating that the living space of his cell is 1.35 sq. m. per person. He has also complained of handcuffing him despite the fact that he is a disabled individual with injured left hand. He has been detained at the underground level where the bars at the window did 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 5,000   43511/20 14/09/2020 Sergey Vasilyevich RASSOLOV Yesina Tatyana Robertovna Sevastopol IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region 13/08/2010 - 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 - in IK-6 Khabarovsk Region, 09/02/2018 - pending on the date when the application was lodged with the Court, opposite-sex operators;    Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities       4,000   48054/20 10/10/2020 Vasiliy Valentinovich SATINOV Gaynutdinova Yuliya Sergeyevna Kazan IK-6 Khabarovsk Region, IK-56 Sverdlovsk Region 15/04/2016 - pending on the date when the application was lodged with the Court   Art. 13 - lack of any effective remedy 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, 09/03/2018 - pending on the date when the application was lodged with the Court, 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 and 10/08/2020 in the Ivdelskiy Town Court of the Sverdlovsk Region, Sverdlovsk Regional Court 5,000   26391/22 04/05/2022 Tyulegen Mingishevich KHABBASOV     IK-2 Perm Region 06/03/2008 - pending on the date when the application was lodged with the Court 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) 5,000     [1] Plus any tax that may be chargeable to the applicants.