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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> YEMANOV AND OTHERS v. RUSSIA - 42771/19 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 153 (15 February 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/153.html Cite as: [2024] ECHR 153 |
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FOURTH SECTION
CASE OF YEMANOV AND OTHERS v. RUSSIA
(Applications nos. 42771/19 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 Yemanov 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:
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
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
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, 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, as well as ordinary and facilitated regimes, all aggravated by routine handcuffing.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
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), Polyakova and Others v. Russia (nos. 35090/09 and 3 others, 7 March 2017), Shlykov and Others v. Russia (nos. 78638/11 and 3 others, 19 January 2021).
12. Regard being had to the documents in its possession and to its case-law (see, in particular, N.T. v. Russia, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(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)
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] | |
28/10/2019 | Pavel Nikolayevich YEMANOV 1976 |
| IK-6 Orenburg Region | 25/03/2004-04/07/2019 |
| 3,000 | |
09/12/2019 | Petr Gennadyevich SHADRIN 1974 |
| IK-6 Orenburg Region, IK-6 Khabarovsk Region | 14/03/2001 - until unspecified date when the applicant was transferred to ordinary regime | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-6, Orenburg Region between 14/03/2001 to 10/07/2019, Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in different cells with video surveillance, opposite-sex operators in IK-6 Orenburg Region between 14/03/2001 and 10/07/2019 and in IK-6 Khabarovsk Region since 09/08/2019,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - placement to a penal facility thousands of kilometres away from the residence of his family
| 5,000 | |
09/01/2020 | Leonid Leonidovich ISAYEV 1975 |
| IK-18 Yamalo-Nenets Autonomous Region | 21/03/2008 to 16/08/2019 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - 1) Two prison train trips between 16/08/2019 and 25/08/2019. Specific grievances: lack of fresh air, lack of or poor quality of bedding and bed linen, bunk beds, no or restricted access to toilet, no or restricted access to potable water; 2) Multiple prison van trips from 03/09/2019 to 23/01/2020 in extremely overcrowded conditions | 5,000 | |
08/07/2020 | Viktor Mikhaylovich KUZMIN 1968 | Kharionovskaya Yelena Leonidovna Vologda | IK-5 Vologda Region | 10/11/1994 - 28/03/2002 - strict regime 28/03/2002 - 23/05/2012 - ordinary regime 23/05/2012 - pending on the date when the application was lodged with the Court - facilitated regime | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing at the IK-5 Volodga Region since 10/11/1994 - pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021) | 5,000 | |
30/09/2020 | Vladimir Stepanovich GEORGIYEV 1960 | Kharionovskaya Yelena Leonidovna Vologda | IK-5 Vologda Region | 01/08/1994 - 10/02/2002 - strict regime 10/02/2002 - 30/01/2013 - ordinary regime 30/01/2013 - pending on the date when the application was lodged with the Court - facilitated regime
|
| 3,000 | |
29/10/2020 | Igor Petrovich FADEYEV 1972 |
| IK-6 Orenburg Region, IK-6 Khabarovsk Region | 03/11/2000 - unspecified date when the applicant was transferred to the ordinary regime |
| 3,000 | |
23/10/2020 | Vadim Fedorovich POSTONOGOV 1988 | Gaynutdinova Yuliya Sergeyevna Kazan | IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region | 13/07/2010 - 14/02/2019 - strict regime 14/09/2019 - pending on the date when the application was lodged with the Court - ordinary regime |
| 3,000 | |
16/11/2020 | Ayrat Kavyyevich GIMRANOV 1961 |
| IK-5 Vologda Region | 21/06/2006 - 07/06/2017 strict regime 07/06/2017 - pending on the date when the application was lodged with the Court - ordinary regime | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region | 5,000 | |
23/11/2020 | Oleg Vyacheslavovich TSYBULKIN 1962 |
| IK-5 Vologda Region | 10/11/1994 - 24/01/2001 - strict regime 24/01/2001 - 28/03/2011 - ordinary regime 28/03/2011 - pending on the date when the application was lodged with the Court - facilitated regime | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-6 Vologda Region, pending since 10/11/1994 and on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-6 Vologda Region, pending since 10/11/1994 and on the date when the application was lodged with the Court | 5,000 | |
14/12/2020 | Vladimir Valeryevich ORESHKOV 1970 |
| IK-2 Perm Region | 05/08/2004 - on unspecified date the applicant was transferred to ordinary regime | Art. 3 - inadequate conditions of detention - in IK-2 Perm Region (overcrowding, 2,2 sq. m of personal space per inmate) since 05/08/2004 and on the date when the application was lodged with the Court,
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-2 Perm Region since 05/08/2004 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021) | 5,000 | |
16/12/2020 | Sergey Yuryevich DYACHKOV 1969 |
| IK-5 Vologda Region | 20/03/1995 - 20/04/2002 - strict regime 20/04/2002 - pending on the date when the application was lodged with the Court - ordinary regime
| Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in cells with video surveillance in IK-5 Vologda Region since 20/03/1995 and pending on the date when the application was lodged with the Court,
Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region since 20/03/1995 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021) | 5,000 | |
11/01/2021 | Pavel Vladimirovich FEDOROV 1963 |
| IK-5 Vologda Region | 01/08/1994 - unspecified date in the late 2020 when the applicant was transferred to ordinary regime | Art. 3 - torture or inhuman or degrading treatment - inhuman and degrading treatment - routine handcuffing in IK 5, Vologda Region since 01/08/1994 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region since 01/08/1994 and pending on the date when the application was lodged with the Court | 5,000 | |
27/03/2021 | Bogdan Mikhaylovich UZENOV 1969 | Yesina Tatyana Robertovna Sevastopol | IK-6 Orenburg Region, IK-6 Khabarovsk Region | 20/06/2002 - 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 a metal cage during the hearing in the Amur Town Court on 12/11/2020 (via video-link) | 5,000 | |
31/03/2021 | Yuriy Yuryevich DENISOV 1963 | Kharionovskaya Yelena Leonidovna Vologda | IK-5 Vologda Region | 01/08/1994 - pending on the date when the application was lodged with the Court |
| 3,000 | |
05/05/2021 | Sergey Ivanovich IONOV 1980 | Yesina Tatyana Robertovna Sevastopol | IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region | 11/12/2009 - 04/06/2020 - strict regime 05/06/2020 - pending on the date when the application was lodged with the Court - ordinary regime
| Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-6 Khabarovsk Region since 09/01/2018 and 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 | 4,000 | |
24/04/2021 | Nikolay Sergeyevich YUSUPOV 1952 |
| IK-5 Vologda Region | 14/07/1998 - 23/04/2004 - strict regime 24/04/2004 - pending on the date when the application was lodged with the Court - ordinary regime |
| 3,000 | |
11/05/2021 | Ruslan Kazymovich KUBASHEV 1985 |
| IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region | 03/12/2009 - 19/04/2018 - strict regime 20/04/2018 - pending on the date when the application was lodged with the Court - ordinary regime |
| 3,000 | |
23/07/2021 | Vitaliy Anatolyevich SUKHININ 1969 |
| IK-5 Vologda Region | 25/08/1994 - and pending on the date when the application was lodged with the Court | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing at IK 5 Vologda Region since 23/08/1994 and pending on the date when the application was lodged with the Court (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021) | 5,000 | |
13/10/2021 | Dmitriy Leonidovich GRIDIN 1968 | Kharionovskaya Yelena Leonidovna Vologda | IK-5 Vologda Region | 29/07/1996 - and pending on the date when the application was lodged with the Court | Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in IK-5 Vologda Region between 29/07/1996 and 10/2021 (Shlykov and Others v. Russia, nos. 78638/11 and 3 others, §§ 77-93, 19 January 2021),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance in IK-5 Vologda Region since 29/07/1996 - and 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 a metal cage during the hearing in the Vologda Regional Court on 29/04/2021 | 5,000 | |
06/12/2021 (3 applicants) | Yuriy Sergeyevich KRYUKOV 1994
Anatoliy Bogdanovich AYRIKH 1985
Zufar Zakiyevich KULMUKHAMETOV 1983 |
| IK-6 Khabarovsk Region | 20/09/2015- pending on the date when the application was lodged with the Court |
| 3,000 | |
19/02/2022 | Leonid Aleksandrovich KOSTAREV 1962 |
| IK-2 Perm Region | 22/01/2001 - pending on the date when the application was lodged with the Court | Art. 3 - torture or inhuman or degrading treatment - the applicant's routine handcuffing in the IK-2 Perm Region since 22/01/2001 - and pending on the date when the application was lodged with the Court | 5,000 | |
24/03/2022 | Arasul Pavlovich KHUBIYEV 1977 |
| IK-2 Perm Region | 15/01/2003 - pending on the date when the application was lodged with the Court |
| 3,000 | |
08/07/2022 (4 applicants) | Sergey Borisovich KUTNYUK 1969
Aleksey Sergeyevich IVANOV 1995
Vadim Aleksandrovich MAKAROV 1984
Anton Sergeyevich MALYUTIN 1987 | Gaynutdinova Yuliya Sergeyevna Kazan | IK-6 Khabarovsk Region | 1) Kutnyuk 09/04/2018 - pending on the date when the application was lodged with the Court; 2) Molyutin 09/12/2018 - pending on the date when the application was lodged with the Court; 3) Ivanov 17/10/2017 - pending on the date when the application was lodged with the Court; 4) Makarov 09/04/2018 - pending on the date when the application was lodged with the Court |
| 3,000 |
[1] Plus any tax that may be chargeable to the applicants.
