50764/18;6236/19;58135/19;2153/23;10307/23;34914/23;36701/23

THIRD SECTION CASE OF KRAYNEV AND OTHERS v. RUSSIA (Applications nos. 50764/18 and 6 others – see appended list)             JUDGMENT   STRASBOURG 18 July 2024   This judgment is final but it may be subject to editorial revision. In the case of Kraynev and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Ioannis Ktistakis, President,  Oddný Mjöll Arnardóttir,  Diana Kovatcheva, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 27 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. 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 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION 12.  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 the 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 (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 18 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Ioannis Ktistakis  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) Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]     50764/18 10/10/2018 Nikolay Nikolayevich KRAYNEV Bayanova Olga Sergeyevna Severouralsk IK-3 Sverdlovsk Region 10/05/2010 to 15/06/2018 8 year(s) and 1 month(s) and 6 day(s) 130 inmate(s) 0.69 m² 4 toilet(s) overcrowding, poor quality of food, bunk beds, lack of fresh air   Supreme Court of the Russian Federation, 10/09/2021 4,300     6236/19 26/12/2018 Mikhail Anatolyevich ROSKOSHIN     IK-1 Komi Republic 13/06/2018 to 16/09/2022 4 year(s) and 3 month(s) and 4 day(s) 125 inmate(s) <2 m² overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities   Supreme Court of the Russian Federation, 17/05/2022 11,800     58135/19 29/10/2019 Artem Sergeyevich BURLACHENKO Chibotar Andrey Viktorovich Kuminskiy IK-10 Sverdlovsk Region 20/08/2012 to 03/05/2016 3 year(s) and 8 month(s) and 14 day(s)   IK-26 Sverdlovsk Region 03/05/2016 to 01/10/2016 4 month(s) and 29 day(s)   IK-19 Sverdlovsk Region 01/10/2016 to 01/05/2017 7 month(s) and 1 day(s)   IK-10 Sverdlovsk Region 01/05/2017 to 07/08/2019 2 year(s) and 3 month(s) and 7 day(s) 200 inmate(s) <2 m² 4 toilet(s)       6 inmate(s) 2.6 m²       4 inmate(s) <2 m² 1 toilet(s)     35 inmate(s) <2 m² overcrowding, lack of privacy for toilet, no or restricted access to shower       overcrowding, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, poor quality of food   overcrowding, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet     overcrowding, lack of fresh air 1,086   Supreme Court of the Russian Federation, 14/02/2022 3,900     2153/23 26/12/2022 Dmitriy Vladislavovich VOLYA-GOYKHMAN     IK-8 Republic of Bashkortostan 01/11/2017 to 23/03/2020 2 year(s) and 4 month(s) and 23 day(s) 150 inmate(s) <2 m² 10 toilet(s) overcrowding   Supreme Court of the Russian Federation, 12/09/2022 4,400     10307/23 15/02/2023 Oleg Stanislavovich NAUMYCHEV Prozorov Artem Andreyevich Furmanov IK-12 Ivanovo Region 29/06/2017 to 11/02/2020 2 year(s) and 7 month(s) and 14 day(s) 95 inmate(s) < 2 m² 2 toilet(s) infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, no or restricted access to shower, overcrowding, poor quality of food, no or restricted access to running water, poor quality of potable water   compensation claim dismissed, 09/02/2022 (received by the applicant on 16/01/2023), Supreme Court of the Russian Federation 5,000     34914/23 25/08/2023 Oleg Vladimirovich BELOV Prozorov Artem Andreyevich Furmanov IK-6 Ivanovo Region 04/08/2017 to 16/09/2019 2 year(s) and 1 month(s) and  13 day(s) 120 inmate(s) < 2 m² 4 toilet(s) infestation of cell with insects/rodents, inadequate temperature, 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, no or restricted access to potable water, overcrowding   Supreme Court of the Russian Federation, 28/04/2023 4,300     36701/23 21/09/2023 Viktor Yuryevich RAUTKIN Prozorov Artem Andreyevich Furmanov IK-6 Ivanovo Region 19/04/2016 to 07/12/2018 2 year(s) and 7 month(s) and  19 day(s) 120 inmate(s) < 2 m² 4 toilet(s) infestation of cell with insects/rodents, inadequate temperature, 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, no or restricted access to potable water, overcrowding   Supreme Court of the Russian Federation, 25/05/2023 4,300     [1] Plus any tax that may be chargeable to the applicants.