59040/18;1646/19;3122/19;4028/19;4082/19;4603/19;4693/19;4784/19;4886/19;4969/19;5143/19;5621/19;5791/19;5873/19;6216/19;6227/19;6828/19;6957/19;7757/19;10256/19;10670/19;11561/19;12663/19;13496/19;13781/19;13866/19;14652/19;16501/19;17018/19;17130/19;17287/19;22964/19;53160/19;58697/19;9961/20;14668/20;15033/20;17223/20;17225/20;21928/20;40477/20;41853/20

FOURTH SECTION CASE OF POLEZHAYEV AND OTHERS v. RUSSIA (Applications nos. 59040/18 and 41 others – see appended list)         JUDGMENT   STRASBOURG 11 January 2024     This judgment is final but it may be subject to editorial revision.   In the case of Polezhayev 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 30 November 2023, 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 about their confinement in a metal cage in the courtroom during the criminal proceedings against them. 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 ARTICLES 3 AND 13 OF THE CONVENTION ON ACCOUNT OF CONFINEMENT IN A METAL CAGE IN THE COURTROOM 7.  The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal proceedings against them. They relied on Article 3 of the Convention, which reads as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Some applicants also complained that they had not had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention, which reads as follows: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”   8.  The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial. In the leading cases of 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, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention. 9.  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’ confinement in a metal cage before the court during the criminal proceedings against them amounted to degrading treatment. 10.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. 11.  In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 13 of the Convention (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019). 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 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). 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, Vorontsov and Others, 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 on account of the applicants’ placement in a metal cage before the court during the criminal proceedings against them; 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 the appended table); Holds that it is not necessary to deal separately with the applicants’ complaints under Article 13 of the Convention related to the lack of an effective domestic remedy to complain about placement in a metal cage in courtrooms; 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 11 January 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 (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 Other complaints under well-established case-law Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]     59040/18 26/11/2018 Sergey Vasilyevich POLEZHAYEV Isayev Ayndi Khamzatovich Krasnoyarsk Kansk Town Court of the Krasnoyarsk Region 28/06/2018   7,500     1646/19 02/12/2018 Sergey Viktorovich NIKITIN Shirokov Oleg Valeryevich Nizhniy Tagil Berezovsk Town Court of the Sverdlovsk Region 31/08/2018 Art. 3 - inadequate conditions of detention during transport - train, 10/10/2018‑12/10/2018, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food 8,500     3122/19 26/11/2018 Arsen Stepanovich DUKH     Pechora Town Court 01/10/2018 Art. 3 - inadequate conditions of detention during transport - by train between 30/07/2018 and 18/12/2018); insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking 8,500     4028/19 04/01/2019 Aleksandr Yevgenyevich VERSHININ Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 15/10/2018   7,500     4082/19 04/01/2019 Aleksandr Sergeyevich SKOKOV Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 15/10/2018   7,500     4603/19 04/01/2019 Artur Ramizovich ALIYEV Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 09/11/2018   7,500     4693/19 04/01/2019 Aleksandr Yuryevich MARTYNOV Vtorushin Nikolay Aleksandrovich Tyumen Tsentralnyy District Court of Tyumen 25/10/2018   7,500     4784/19 05/01/2019 Oleg Yuryevich MAMONOV Vtorushin Nikolay Aleksandrovich Tyumen Leninskiy District Court of Tyumen 05/09/2018   7,500     4886/19 04/01/2019 Anatoliy Valeryevich GURYANOV Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 15/10/2018   7,500   4969/19 04/01/2019 Aleksandr Sergeyevich BASKAKOV Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 15/08/2018   7,500   5143/19 24/12/2018 Sergey Romanovich MIKITIN     Krasnoyarsk Regional Court 28/06/2018   7,500   5621/19 09/01/2019 Lada Aleksandrovna GALEYEVA Vtorushin Nikolay Aleksandrovich Tyumen Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 07/12/2018   7,500   5791/19 09/01/2019 Albert Denisovich RAKHMATULLIN Vtorushin Nikolay Aleksandrovich Tyumen Kirovskiy District Court of Kazan 11/07/2018   7,500   5873/19 09/01/2019 Irek Azgarovich SHAYKHULMARDANOV Vtorushin Nikolay Aleksandrovich Tyumen Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 05/10/2018   7,500   6216/19 04/01/2019 Sergey Viktorovich VAGITOV Vtorushin Nikolay Aleksandrovich Tyumen Tobolsk Town Court of the Tyumen Region 23/10/2018   7,500   6227/19 28/12/2018 Aleksandr Yuryevich KOMAROV Chernyavskaya Andzhelika Viktorovna Oktyabrskiy Tsentralnyy District Court of Novosibirsk, Novosibirsk Regional Court 23/08/2018   7,500   6828/19 04/01/2019 Vitaliy Valentinovich KASHIRTSEV Vtorushin Nikolay Aleksandrovich Tyumen Neman Town Court of the Kaliningrad Region 08/11/2018   7,500   6957/19 08/01/2019 Fanis Gabbasovich NURULLIN Vtorushin Nikolay Aleksandrovich Tyumen Nizhnekamsk Town Court; Supreme Court of the Tatarstan Republic 18/12/2018   7,500   7757/19 23/01/2019 Dmitriy Liveryevich CHEREPANOV Balog Natalya Andreyevna Krasnoyarsk Tsentralnyy District Court of Krasnoyarsk; Krasnoyarsk Regional Court also via video-link from SIZO-1 Krasnoyarsk 24/07/2018   7,500   10256/19 04/02/2019 Yekaterina Sergeyevna KHOMYAKOVA     Surgut Town Court 05/10/2018   7,500   10670/19 28/01/2019 Anatoliy Sergeyevich GREBENYUK     Surgut Town Court 27/08/2018   7,500   11561/19 28/01/2019 Aleksandr Vladimirovich ZHEMIS     Supreme Court of the Komi Republic 09/11/2018   7,500   12663/19 30/01/2019 Nikolay Vasilyevich GORBUNOV     Severodvinsk Town Court 20/02/2018, pending as of 16/09/2022 Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 13/11/2017 to 10/01/2019; lack of fresh air, overcrowding;   Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport 8,500   13496/19 16/02/2019 Artem Vasilyevich DEGEL Lukyanova Svetlana Anatolyevna Khanty-Mansiysk Pyt-Yakh Town Court of the Khanty-Mansy Region 18/12/2018   7,500   13781/19 14/02/2019 Edgar Rudinovich GABRIELYAN Sarmasin Damir Fazylzhanovich Orsk Leninskiy District Court of Orenburg 05/09/2018   7,500   13866/19 15/02/2019 Vladimir Sergeyevich BARSUKOV Kuzminykh Konstantin Sergeyevich St Petersburg Kuybyshevskiy District Court of St Petersburg 20/03/2019   7,500   14652/19 01/03/2019 Igor Anatolyevich KHRAMUSHIN Andreyev Denis Aleksandrovich Samara Zheleznodorozhnyy District Court of Samara, Samara District Court of Samara, Samara Regional Court (at the courthouse and via video link from the Cultural Centre of the Ministry of Interior of Samara and Department of Administration of Justice of Samara) 04/09/2018 Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 27/06/2016 to 04/09/2018; no or restricted access to toilet, lack of or insufficient electric light, inadequate temperature, passive smoking;   Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport 8,500   16501/19 09/03/2019 Yuriy Olegovich GELETA Lukyanova Svetlana Anatolyevna Khanty-Mansiysk Surgut Town Court 20/09/2018   7,500   17018/19 18/03/2019 Denis Vladimirovich BAKHTIN     Leninskiy District Court of Tyumen 14/11/2018   7,500   17130/19 20/02/2019 Rustam Fanizovich KARIMOV Lukyanova Svetlana Anatolyevna Khanty-Mansiysk Nefteyugansk District Court of the Khanty-Mansy Region 29/01/2019   7,500   17287/19 18/03/2019 Suleyman Dzhabbar ogly ABUZAROV Alekseyeva Natalya Vasilyevna Krasnoyarsk Oktyabrskiy District Court of Krasnoyarsk 25/09/2018   7,500   22964/19 11/03/2019 Konstantin Vladimirovich POTAPOV     Oktyabrskiy District Court of Krasnoyarsk 08/10/2018 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 - numerous occasions of transport to take part in court hearings; starting since 31/03/2018, pending as of 16/09/2022; van; overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, mouldy or dirty cell 8,500   53160/19 16/10/2019 Andrey Vladimirovich CHECHUROV     Sverdlovskiy District Court of Kostroma 24/07/2019   7,500   58697/19 17/03/2020 Denis Vladimirovich UTKIN     Tsentralnyy District Court of Krasnoyarsk 19/09/2019   7,500   9961/20 04/02/2020 Roman Ayvarsovich MELLIS     Supreme Court of the Komi Republic Video link from SIZO-1, Syktyvkar 25/11/2019   7,500   14668/20 30/01/2020 Aleksey Borisovich YEGOSHIN       Vorkuta Town Court of the Komi Republic 03/12/2019   7,500   15033/20 02/03/2020 Nikolay Elmanovich IBRAGIMOV     Tsentralnyy District Court of Chita 29/10/2019   7,500   17223/20 23/03/2020 Anton Aleksandrovich AKSENOV     Tsentralnyy District Court of Krasnoyarsk 17/12/2019   7,500   17225/20 20/03/2020 Dmitriy Ivanovich DYUKAREV     Sverdlovskiy District Court of Krasnoyarsk 30/12/2019 Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between the detention facilities and the courthouse since 15/10/2019, pending as of 16/09/2022 and detention in convoy cells of the courthouse; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food;   Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport 8,500   21928/20 29/04/2020 Murad Bayramovich KICHIYEV Geraskin Eduard Olegovich Moscow Vidnoye Town Court of the Moscow Region 21/01/2020     7,500   40477/20 17/08/2020 Igor Viktorovich PTUSHKO Kalyugin Igor Yuryevich Stavropol Ipatovskiy District Court of Stavropol Region 25/02/2020   7,500   41853/20 04/09/2020 Aleksandr Aleksandrovich ARDABYEV Isayev Ayndi Khamzatovich Krasnoyarsk Krasnoyarsk Regional Court 05/03/2020   7,500     [1] Plus any tax that may be chargeable to the applicants.