MISAKYAN AND OTHERS v. RUSSIA - 41542/20 (Article 3 - Prohibition of torture : Third Section Committee) [2024] ECHR 846 (07 November 2024)

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You are here: BAILII >> Databases >> European Court of Human Rights >> MISAKYAN AND OTHERS v. RUSSIA - 41542/20 (Article 3 - Prohibition of torture : Third Section Committee) [2024] ECHR 846 (07 November 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/846.html Cite as: [2024] ECHR 846

In the case of Misakyan 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 10 October 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 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

I. 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.

II. 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).

III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

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.

8. The Court notes that the applicants were kept 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, no. 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 (taking also into account the three-month extension introduced by decision of the President of the Court in 2020 as a consequence of the lockdown imposed in France on account of the COVID‑19 pandemic (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022)) 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.

IV. 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 well-established case-law (see Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 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; N.T. v. Russia, no. 14727/11, §§ 32-57, 2 June 2020, regarding routine handcuffing and inadequate conditions of detention of prisoners serving a life sentence; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Korshunov v. Russia, no. 38971/06, §§ 59-63, 25 October 2007, as regards absence of an enforceable right to compensation for a violation of a right to trial within a reasonable time; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).

V. remaining complaints

12. 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' remaining complaints under Article 13 of the Convention (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

13. Some applicants also raised additional complaints under various Articles of the Convention.

14. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

15. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

16. As to the applicants in applications nos. 44384/20, 29704/21 and 32074/21, the Court takes into account the previous awards made to these applicants and considers that the finding of a violation will constitute in itself sufficient just satisfaction (compare Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022),

17. As to the remaining applicants and regard being had to the documents in its possession, to awards made in previous cases to some of these applicants 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,

1. Decides to join the applications;

2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;

3. Declares the complaints under Article 3 of the Convention about the applicants' placement in a metal cage in the course of the criminal proceedings against them and other complaints raised under the well‑established case-law of the Court, as indicated in the attached table, admissible, finds that there is no need to examine separately the complaints under Article 13 of the Convention about the lack of effective domestic remedies to complain about the use of metal cages, and declares the remainder of the applications inadmissible;

4. 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;

5. 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);

6. Holds

(a) that the finding of a violation in applications nos. 44384/20, 29704/21 and 32074/21 will constitute in itself sufficient just satisfaction;

(b) that the respondent State is to pay the remaining 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;

(c) 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 7 November 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

(use of metal cages and/or other security arrangements in courtrooms)

No.	Application no. Date of introduction	Applicant's name Year of birth	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]
1.	41542/20 04/08/2020	Georgi Malkhazovich MISAKYAN 1973	Krasnoyarsk Regional Court: on-going placement in a cage on the date when the application was lodged with the Court		7,500
2.	41646/20 12/08/2020	Roman Alekseyevich SMAGIN 1992	Severodvinsk Town Court 06/05/2020	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 - transport on a number of occasions by van between the detention facilities and the courthouse during the criminal proceedings from 19/11/2019 to 06/05/2020; overcrowding, lack of fresh air, inadequate temperature	8,500
3.	41805/20 28/08/2020	Vitaliy Yakovlevich LIPPS 1986	Tsentralnyy District Court of Chita of the Zabaykalskiy Region, Zabaykalskiy Regional Court 07/12/2020		7,500
4.	42953/20 24/06/2020	Dmitriy Andreyevich KLIPPERT 1989	Oktyabskiy District Court of Penza on-going placement in a cage on the date when the application was lodged with the Court		7,500
5.	44384/20 17/09/2020	Oleg Gennadyevich LEONOV 1980	Zheleznodorozhnyy District Court of Krasnoyarsk 10/08/2020		The finding of a violation constitutes sufficient just satisfaction.
6.	45037/20 24/09/2020	Oleg Nikolayevich YELGIN 1967	Chernovskiy District Court of Chita 29/01/2020		7,500
7.	45644/20 28/04/2021	Denis Andreyevich LODYGIN 1990	Justice of the Peace of the Kuratovskiy Judicial Circuit of Syktyvkar 10/03/2021		7,500
8.	46354/20 13/10/2020	Stanislav Stanislavovich TSURIK 1961	Zyevskiy District Court of Kirov Region 22/07/2020		7,500
9.	46982/20 07/09/2020	Aleksey Yuryevich KONDRATYEV 1986	Vorkuta Town Court of the Komi Republic 18/09/2020	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 - overcrowding (0.3 sq. m per inmate), lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, poor quality of food, no or restricted access to potable water, lack of fresh air during transportation in a train between 23/07/2020 and 25/07/2020, between 19/08/2020 and 20/08/2020, between 28/12/2020 to 29/12/2020	8,500
10.	46994/20 24/12/2020	Oleg Anatolyevich TOBOLIN 1980	Sosnogorsk Town Court of the Komi Republic 09/11/2020 Sosnogorsk Town Court of the Komi Republic 31/05/2021		7,500
11.	47557/20 28/09/2020	Artem Vadimovich YEREMICHEV 1989	Kirovskiy District Court of Krasnoyarsk 18/10/2021	Art. 5 (3) - excessive length of pre-trial detention - length of pre‑trial detention: from 14/08/2019 to 13/08/2020 and after quashing the initial judgment by the cassation court from 21/04/2021 to 18/10/2021, use of standard formula to extend the applicant's detention; failure to consider alternative measures; fragility of the reasons employed; Art. 5 (5) - lack of, or inadequate compensation, for the violation of Art. 5 § 3 of the Convention	9,750
12.	47805/20 30/09/2020	Aleksey Vladimirovich PLOTNIKOV 1982	Justice of the Peace of the Judicial Circuit of the Chibyuskiy District of Ukhta, Ukhta Town Court of the Komi Republic 24/07/2020 Ukhta Town Court of the Komi Republic 07/10/2021		2,750
13.	47991/20 08/10/2020	Yevgeniy Vladimirovich CHERNOKNIZHNYY 1984	Vorkuta Town Court of the Komi Republic 31/08/2020	Art. 3 - inadequate conditions of detention during transport - overcrowding (0.3 sq. m per person), no or restricted access to potable water, no or restricted access to toilet, lack of fresh air during transportation between 19/12/2020 and 21/12/2020; Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	8,500
14.	49023/20 16/10/2020	Denis Aleksandrovich OLESHKEVICH 1982	Ukhta Town Court of the Komi Republic 11/06/2020; Supreme Court of the Komi Republic Video link from IK-8, Komi Republic 21/08/2020; Supreme Court of the Komi Republic Video link from IK-8, Komi Republic 20/09/2021; Ukhta Town Court of the Komi Republic Video link from IK-8, Komi Republic 21/09/2021	Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-8 Komi Republic (12/03/2020 - pending on the date when the applicant was lodged with the Court) - opposite-sex operators, detention in different cells with video surveillance	7,500
15.	49222/20 13/11/2020	Aleksandr Vasilyevich SMETANNIKOV 1985	Inta Town Court of the Komi Republic 08/10/2020	Art. 3 - inadequate conditions of detention during transport - train, 21/11/2019‑24/10/2020, 0.33-0.5 sq. m per inmate. Specific grievances - insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack or insufficient quantity of food, lack of requisite medical assistance, transport for 6 hours, applicant transported on numerous occasions; Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	8,500
16.	49871/20 25/09/2020	Denis Sergeyevich SERZHANIN 1982	Voroshilovskiy District Court of Volgograd; on-going placement in a cage on the date when the application was lodged with the Court		4,750
17.	51833/20 28/10/2020	Vladimir Alekseyevich KOPTEV 1989	Dzerzhinskiy District Court of Volgograd; on-going placement in a cage on the date when the application was lodged with the Court		7,500
18.	53064/20 13/11/2020	Galina Ivanovna IVANOVA 1962	Tsentralniy District Court of Tyumen 07/04/2020		7,500
19.	53320/20 05/11/2020	Vladimir Vladimirovich KHELIKOV 1985 Yevgeniy Vladimirovich KHELIKOV 1992	both applicants complain about their placement in a metal cage during hearings before the Adlerskiy District Court of Sochi, and during hearings before the Krasnodar Regional Court by way of videoconference from a detention facility 02/06/2020		7,500, to each of the applicants
20.	53336/20 09/11/2020	Polina Olegovna YERMILOVA 2000	Traktorozavodskiy and Tsentralnyy District Courts of the Volgograd Region, Volgograd Town Court 08/09/2020		7,500
21.	53886/20 16/11/2020	Vitaliy Vladimirovich NADUTKIN 1982	Udorskiy District Court of Koslan, Syktyvkar Town Court, Ezhvinskiy District Court of Syktyvkar of the Komi Republic 25/09/2020		7,500
22.	55381/20 30/11/2020	Vladimir Dmitriyevich ANDREYEV 1954	Tula Regional Court 06/08/2020		7,500
23.	254/21 20/11/2020	Stanislav Yevgenyevich MALOV 1985	Supreme Court of Russia Video link from SIZO-1, Kazan, Tatarstan 16/06/2020		7,500
24.	1936/21 01/12/2020	Marufzhon Makhammadaliyevich ISOMIDDINOV 1980	Usinsk Town Court of the Komi Republic 21/10/2020	Art. 3 - inadequate conditions of detention during transport - van, train; from 15/08/2019 until 15/02/2021; 0.4 sq. m per person. Applicant transported on numerous occasions, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, overcrowding, no or restricted access to toilet	8,500
25.	2303/21 25/11/2020	Aleksey Alekseyevich VDOVIN 2000	Naberezhnye Chelny Town Court, Sovetskiy District Court of Kazan; on-going placement in a cage on the date when the application was lodged with the Court	Art. 3 - inadequate conditions of detention during transport - transported on numerous occasions: between Naberezhnye Chelny and Chistopol (160 km) between 15/02/2019 and 17/07/2020; between Naberezhnye Chelny and Kazan (240 km), 0.2 sq. m of personal space; Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	8,500
26.	2711/21 14/12/2020	Nikolay Aleksandrovich TOMOV 1996	Ust-Kulomskiy District Court of the Komi Republic 13/10/2020		7,500
27.	6375/21 15/12/2020	Sergey Grigoryevich DANILICHEV 1976	Volgograd Regional Court 14/12/2020 Volzhskiy Town Court of Volgograd Region 27/08/2021		7,500
28.	9033/21 01/01/2021	Vladimir Yevgenyevich KONSTANTINOV 1983	Koryazhma Town Court of the Arkhangelsk Region 02/10/2020		7,500
29.	14406/21 04/02/2021	Sergey Yevgenyevich KOPYTOV 1991	Petrovsk-Zabaykalskiy Town Court of the Zabaykalsk Region 25/08/2020		7,500
30.	14408/21 01/02/2021	Yuriy Sergeyevich BAZHUTOV 1985	Zheleznodorozhnyy District Court of Krasnoyarsk 24/01/2021	Art. 5 (3) - excessive length of pre-trial detention - detention from 02/12/2020 to 06/07/2021 ordered by the Zheleznodorozhny District Court of Krasnoyarsk, the Krasnoyarsk Regional Court; the applicant was charged with robbery	8,200
31.	15188/21 18/02/2021	Dmitriy Yevgenyevich SERGIYEVSKIY 1988	Justice of the Peace of Tentyukovskiy Judicial Circuit of Syktyvkar; Ust-Vymskiy District Court of the Komi Republic (from the detention facility being placed in a metal cage and by way of video conference) 18/02/2021		7,500
32.	18012/21 12/03/2021	Maksim Nikolayevich PERUNOV 1985	Tsentralnyy District Court of Chita 07/12/2020		7,500
33.	18486/21 18/03/2021	Sergey Viktorovich YEGOROV 1976	Oktyabrskiy District Court of St Petersburg, Krasnogvardeyskiy District Court of St Petersburg 19/01/2021	Art. 5 (3) - excessive length of pre-trial detention - 11/12/2019 - 10/08/2021, Oktyabrskiy District Court of St Petersburg, Krasnogvardeyskiy District Court of St Petersburg, St Petersburg City Court. Fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; Art. 3 - inadequate conditions of detention during transport - on numerous occasions (at least 28 times) the applicant was transported from the remand prison to the courthouse and back in inhumane conditions (29/07/2020-10/08/2021); on the days of transfers the applicant spent about 4 hours in the assembly cell at the remand prison; the cell measured 18 sq. m and held 20 inmates having seating capacity for 12 persons; transfers lasted about 2 hours; in the van the applicant was placed in a compartment measuring 10 sq. m with 15 to 18 inmates; inadequate temperature, lack of fresh air, passive smoking	8,100
34.	19931/21 10/03/2021	Aleksey Pavlovich PESHCHEREV 1975	Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court 11/11/2020	Art. 3 - inadequate conditions of detention during transport - van: transport from the remand prison to the courthouse and back; each trip lasted 1.5 hours, the applicant was held in the compartment housing 12 to 16 inmates; train: transport from the remand prison to the correctional colony, from 12/12/2020 to 13/12/2020 (the trip lasted 4 hours), the applicant was held in a compartment with 8 other inmates; overcrowding, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet	8,500
35.	21459/21 29/03/2021	Mikhail Viktorovich GOROZHANKIN 1979	Ukhta Town Court of the Komi Republic 13/10/2020	Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance; Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-2 Komi Republic, 08/04/2020 - 31/03/2021 - opposite-sex operators, video surveillance in a lavatory and/or shower room	7,500
36.	22671/21 20/03/2021	Bogdan Aleksandrovich PONOMAREV 1982	Ukhta Town Court of the Komi Republic 08/12/2020 Syktyvkar Town Court of the Komi Republic 02/03/2021 Syktyvkar Town Court of the Komi Republic 26/03/2021 Ukhta Town Court of the Komi Republic 12/04/2021 Syktyvkar Town Court of the Komi Republic 06/05/2021 Syktyvkar Town Court of the Komi Republic 13/05/2021		7,500
37.	23079/21 05/04/2021	Pavel Yevgenyevich OSTROVSKIY 1995	Ussuriyskiy District Court of the Primorye Region, Solikamsk Town Court of the Perm Region video link from SIZO-3, Ussuriysk, Primorye Region 28/01/2021		3,750
38.	25320/21 04/10/2021	Maksim Anatolyevich PLASHIKHIN 1990	Ezhvinskiy District Court of Syktyvkar 07/06/2021	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, train; from 12/06/2021 to 02/07/2021, from 11/09/2021 to 13/09/2021 and from 15/10/2021 to 17/10/2021. Specific grievances: overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to potable water, poor quality of food, no or restricted access to toilet. Van, train, from 11/09/2021 to 13/09/2021 and 15/10/2021 to 17/10/2021	8,500
39.	26368/21 20/04/2021	Vladimir Alekseyevich ALEKSEYEV 1999	Ukhta Town Court, 20/10/2020; Syktyvkar Town Court, 14/01/2021; Supreme Court of the Komi Republic, 04/03/2021	Art. 3 - inadequate conditions of detention during transport - poor conditions of transport for 9 hours on 11/03/2021: insufficient number of sleeping places, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, overcrowding, poor quality of food, poor quality of potable water; 1 sq. m per person	8,500
40.	27583/21 04/05/2021	Vasiliy Petrovich BOROVTSOV 1975	Volzhskiy Town Court of the Volgograd Region, Volgograd Regional Court 01/04/2021		7,500
41.	29704/21 04/05/2021	Aleksandr Vladislavovich BOGDANOV 1977	Vorkuta Town Court 16/03/2021	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 - from 29/10/2021 to 31/10/2021, train, 0.2 sq. m per person overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, no or restricted access to potable water	The finding of a violation constitutes sufficient just satisfaction.
42.	32074/21 09/03/2021	Dmitriy Aleksandrovich DILSHNAYDER 1981	Sverdlovsk Regional Court, Ivdel Town Court of Sverdlovsk Region (by way of videoconference from the detention facility) 12/02/2021 Kirovskiy District Court of Novosibirsk 22/11/2021		The finding of a violation constitutes sufficient just satisfaction.
43.	32317/21 27/03/2021	Anton Olegovich BELYAYEV 1992	Naberezhnyye Chelny Town Court 01/12/2021	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 - from 16/08/2019 to 01/12/2020, numerous and regular transfers by van between the detention facilities and the courthouse pending the criminal proceedings: 0,25 sq. m per inmate, overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to toilet, sharing cells with inmates infected with contagious disease	8,500
44.	32847/21 09/06/2021	Artem Vasilyevich SHISHKIN 1990	Oktyabrsky District Court of Kirov on-going placement in a cage on the date when the application was lodged with the Court		7,500
45.	35012/21 13/10/2021	Pavel Anatolyevich ZHELEZNOV 1985	Sysolskiy District Court of the Komi Republic 07/09/2021 Justice of the Peace of the Lesozavodskiy Judicial Circuit of Syktyvkar 10/06/2022		7,500
46.	37631/21 05/07/2021	Aleksandr Aleksandrovich BARUZDIN 1991	Sverdlovskiy District Court of Kostroma 11/02/2021 Kostroma Regional Court 01/07/2021		7,500
47.	37680/21 30/06/2021	Andrey Aleksandrovich KUCHIN 1991	Koryazhma Town Court 12/04/2021		7,500
48.	41704/21 23/07/2021	Uralbay Urazbayevich MAMBETOV 1997	Oktyabrskiy District Court of Tambov, Leninskiy District Court of Tambov on-going placement in a cage on the date when the application was lodged with the Court	Art. 5 (3) - excessive length of pre-trial detention - fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group, 16/11/2020-pending as of 16/09/2022, Tambov Regional Court, First Appellate Court, latest extension - 01/04/2022, upheld on appeal on 20/04/2022	9,750
49.	42328/21 27/12/2021	Omak Grigoryevich KHERTEK 1991	Oktyabrskiy District Court of Krasnoyarsk 22/09/2021	Art. 5 (3) - excessive length of pre-trial detention - from 04/03/2020 to 22/09/2021, Oktyabrskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial, Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention	8,700

No.

Application no.

Date of introduction

Applicant's name

Year of birth

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]

41542/20

04/08/2020

Georgi Malkhazovich MISAKYAN

1973

Krasnoyarsk Regional Court:

on-going placement in a cage on the date when the application was lodged with the Court

7,500

41646/20

12/08/2020

Roman Alekseyevich SMAGIN

1992

Severodvinsk Town Court

06/05/2020

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 - transport on a number of occasions by van between the detention facilities and the courthouse during the criminal proceedings from 19/11/2019 to 06/05/2020; overcrowding, lack of fresh air, inadequate temperature

8,500

41805/20

28/08/2020

Vitaliy Yakovlevich LIPPS

1986

Tsentralnyy District Court of Chita of the Zabaykalskiy Region,

Zabaykalskiy Regional Court

07/12/2020

7,500

42953/20

24/06/2020

Dmitriy Andreyevich KLIPPERT

1989

Oktyabskiy District Court of Penza

on-going placement in a cage on the date when the application was lodged with the Court

7,500

44384/20

17/09/2020

Oleg Gennadyevich LEONOV

1980

Zheleznodorozhnyy District Court of Krasnoyarsk

10/08/2020

The finding of a violation constitutes sufficient just satisfaction.

45037/20

24/09/2020

Oleg Nikolayevich YELGIN

1967

Chernovskiy District Court of Chita

29/01/2020

7,500

45644/20

28/04/2021

Denis Andreyevich LODYGIN

1990

Justice of the Peace of the Kuratovskiy Judicial Circuit of Syktyvkar

10/03/2021

7,500

46354/20

13/10/2020

Stanislav Stanislavovich TSURIK

1961

Zyevskiy District Court of Kirov Region

22/07/2020

7,500

46982/20

07/09/2020

Aleksey Yuryevich KONDRATYEV

1986

Vorkuta Town Court of the Komi Republic

18/09/2020

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 - overcrowding (0.3 sq. m per inmate), lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, poor quality of food, no or restricted access to potable water, lack of fresh air during transportation in a train

between 23/07/2020 and 25/07/2020,

between 19/08/2020 and 20/08/2020,

between 28/12/2020 to 29/12/2020

8,500

10.

46994/20

24/12/2020

Oleg Anatolyevich TOBOLIN

1980

Sosnogorsk Town Court of the Komi Republic

09/11/2020

Sosnogorsk Town Court of the Komi Republic

31/05/2021

7,500

11.

47557/20

28/09/2020

Artem Vadimovich YEREMICHEV

1989

Kirovskiy District Court of Krasnoyarsk

18/10/2021

Art. 5 (3) - excessive length of pre-trial detention - length of pre‑trial detention: from 14/08/2019 to 13/08/2020 and after quashing the initial judgment by the cassation court from 21/04/2021 to 18/10/2021, use of standard formula to extend the applicant's detention; failure to consider alternative measures; fragility of the reasons employed;

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Art. 5 § 3 of the Convention

9,750

12.

47805/20

30/09/2020

Aleksey Vladimirovich PLOTNIKOV

1982

Justice of the Peace of the Judicial Circuit of the Chibyuskiy District of Ukhta, Ukhta Town Court of the Komi Republic

24/07/2020

Ukhta Town Court of the Komi Republic

07/10/2021

2,750

13.

47991/20

08/10/2020

Yevgeniy Vladimirovich CHERNOKNIZHNYY

1984

Vorkuta Town Court of the Komi Republic

31/08/2020

Art. 3 - inadequate conditions of detention during transport - overcrowding

(0.3 sq. m per person), no or restricted access to potable water, no or restricted access to toilet, lack of fresh air during transportation between 19/12/2020 and 21/12/2020;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

8,500

14.

49023/20

16/10/2020

Denis Aleksandrovich OLESHKEVICH

1982

Ukhta Town Court of the Komi Republic

11/06/2020;

Supreme Court of the Komi Republic

Video link from IK-8, Komi Republic

21/08/2020;

Supreme Court of the Komi Republic

Video link from IK-8, Komi Republic

20/09/2021;

Ukhta Town Court of the Komi Republic

Video link from IK-8, Komi Republic

21/09/2021

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-8 Komi Republic (12/03/2020 - pending on the date when the applicant was lodged with the Court) - opposite-sex operators, detention in different cells with video surveillance

7,500

15.

49222/20

13/11/2020

Aleksandr Vasilyevich SMETANNIKOV

1985

Inta Town Court of the Komi Republic

08/10/2020

Art. 3 - inadequate conditions of detention during transport - train, 21/11/2019‑24/10/2020, 0.33-0.5 sq. m per inmate. Specific grievances - insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack or insufficient quantity of food, lack of requisite medical assistance, transport for 6 hours, applicant transported on numerous occasions;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

8,500

16.

49871/20

25/09/2020

Denis Sergeyevich SERZHANIN

1982

Voroshilovskiy District Court of Volgograd;

on-going placement in a cage on the date when the application was lodged with the Court

4,750

17.

51833/20

28/10/2020

Vladimir Alekseyevich KOPTEV

1989

Dzerzhinskiy District Court of Volgograd;

on-going placement in a cage on the date when the application was lodged with the Court

7,500

18.

53064/20

13/11/2020

Galina Ivanovna IVANOVA

1962

Tsentralniy District Court of Tyumen

07/04/2020

7,500

19.

53320/20

05/11/2020

Vladimir Vladimirovich KHELIKOV

1985

Yevgeniy Vladimirovich KHELIKOV

1992

both applicants complain about their placement in a metal cage during hearings before the Adlerskiy District Court of Sochi, and during hearings before the Krasnodar Regional Court by way of videoconference from a detention facility

02/06/2020

7,500,

to each of the applicants

20.

53336/20

09/11/2020

Polina Olegovna YERMILOVA

2000

Traktorozavodskiy and Tsentralnyy District Courts of the Volgograd Region, Volgograd Town Court

08/09/2020

7,500

21.

53886/20

16/11/2020

Vitaliy Vladimirovich NADUTKIN

1982

Udorskiy District Court of Koslan, Syktyvkar Town Court, Ezhvinskiy District Court of Syktyvkar of the Komi Republic

25/09/2020

7,500

22.

55381/20

30/11/2020

Vladimir Dmitriyevich ANDREYEV

1954

Tula Regional Court

06/08/2020

7,500

23.

254/21

20/11/2020

Stanislav Yevgenyevich MALOV

1985

Supreme Court of Russia

Video link from SIZO-1, Kazan, Tatarstan

16/06/2020

7,500

24.

1936/21

01/12/2020

Marufzhon Makhammadaliyevich ISOMIDDINOV

1980

Usinsk Town Court of the Komi Republic

21/10/2020

Art. 3 - inadequate conditions of detention during transport - van, train; from 15/08/2019 until 15/02/2021; 0.4 sq. m per person. Applicant transported on numerous occasions, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, overcrowding, no or restricted access to toilet

8,500

25.

2303/21

25/11/2020

Aleksey Alekseyevich VDOVIN

2000

Naberezhnye Chelny Town Court, Sovetskiy District Court of Kazan;

on-going placement in a cage on the date when the application was lodged with the Court

Art. 3 - inadequate conditions of detention during transport - transported on numerous occasions: between Naberezhnye Chelny and Chistopol (160 km) between 15/02/2019 and 17/07/2020; between Naberezhnye Chelny and Kazan (240 km), 0.2 sq. m of personal space;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

8,500

26.

2711/21

14/12/2020

Nikolay Aleksandrovich TOMOV

1996

Ust-Kulomskiy District Court of the Komi Republic

13/10/2020

7,500

27.

6375/21

15/12/2020

Sergey Grigoryevich DANILICHEV

1976

Volgograd Regional Court

14/12/2020

Volzhskiy Town Court of Volgograd Region

27/08/2021

7,500

28.

9033/21

01/01/2021

Vladimir Yevgenyevich KONSTANTINOV

1983

Koryazhma Town Court of the Arkhangelsk Region

02/10/2020

7,500

29.

14406/21

04/02/2021

Sergey Yevgenyevich KOPYTOV

1991

Petrovsk-Zabaykalskiy Town Court of the Zabaykalsk Region

25/08/2020

7,500

30.

14408/21

01/02/2021

Yuriy Sergeyevich BAZHUTOV

1985

Zheleznodorozhnyy District Court of Krasnoyarsk

24/01/2021

Art. 5 (3) - excessive length of pre-trial detention - detention from 02/12/2020 to 06/07/2021 ordered by the Zheleznodorozhny District Court of Krasnoyarsk, the Krasnoyarsk Regional Court; the applicant was charged with robbery

8,200

31.

15188/21

18/02/2021

Dmitriy Yevgenyevich SERGIYEVSKIY

1988

Justice of the Peace of Tentyukovskiy Judicial Circuit of Syktyvkar;

Ust-Vymskiy District Court of the Komi Republic

(from the detention facility being placed in a metal cage and by way of video conference)

18/02/2021

7,500

32.

18012/21

12/03/2021

Maksim Nikolayevich PERUNOV

1985

Tsentralnyy District Court of Chita

07/12/2020

7,500

33.

18486/21

18/03/2021

Sergey Viktorovich YEGOROV

1976

Oktyabrskiy District Court of St Petersburg, Krasnogvardeyskiy District Court of St Petersburg

19/01/2021

Art. 5 (3) - excessive length of pre-trial detention - 11/12/2019 - 10/08/2021, Oktyabrskiy District Court of St Petersburg, Krasnogvardeyskiy District Court of St Petersburg, St Petersburg City Court. Fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint;

Art. 3 - inadequate conditions of detention during transport - on numerous occasions (at least 28 times) the applicant was transported from the remand prison to the courthouse and back in inhumane conditions (29/07/2020-10/08/2021); on the days of transfers the applicant spent about 4 hours in the assembly cell at the remand prison; the cell measured 18 sq. m and held 20 inmates having seating capacity for 12 persons; transfers lasted about 2 hours; in the van the applicant was placed in a compartment measuring 10 sq. m with 15 to 18 inmates; inadequate temperature, lack of fresh air, passive smoking

8,100

34.

19931/21

10/03/2021

Aleksey Pavlovich PESHCHEREV

1975

Kirovskiy District Court of Novosibirsk;

Novosibirsk Regional Court

11/11/2020

Art. 3 - inadequate conditions of detention during transport - van: transport from the remand prison to the courthouse and back; each trip lasted 1.5 hours, the applicant was held in the compartment housing 12 to 16 inmates; train: transport from the remand prison to the correctional colony, from 12/12/2020 to 13/12/2020 (the trip lasted 4 hours), the applicant was held in a compartment with 8 other inmates; overcrowding, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet

8,500

35.

21459/21

29/03/2021

Mikhail Viktorovich GOROZHANKIN

1979

Ukhta Town Court of the Komi Republic

13/10/2020

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance;

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-2 Komi Republic, 08/04/2020 - 31/03/2021 - opposite-sex operators, video surveillance in a lavatory and/or shower room

7,500

36.

22671/21

20/03/2021

Bogdan Aleksandrovich PONOMAREV

1982

Ukhta Town Court of the Komi Republic

08/12/2020

Syktyvkar Town Court of the Komi Republic

02/03/2021

Syktyvkar Town Court of the Komi Republic

26/03/2021

Ukhta Town Court of the Komi Republic

12/04/2021

Syktyvkar Town Court of the Komi Republic

06/05/2021

Syktyvkar Town Court of the Komi Republic

13/05/2021

7,500

37.

23079/21

05/04/2021

Pavel Yevgenyevich OSTROVSKIY

1995

Ussuriyskiy District Court of the Primorye Region, Solikamsk Town Court of the Perm Region

video link from SIZO-3, Ussuriysk, Primorye Region

28/01/2021

3,750

38.

25320/21

04/10/2021

Maksim Anatolyevich PLASHIKHIN

1990

Ezhvinskiy District Court of Syktyvkar

07/06/2021

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, train; from 12/06/2021 to 02/07/2021, from 11/09/2021 to 13/09/2021 and from 15/10/2021 to 17/10/2021. Specific grievances: overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to potable water, poor quality of food, no or restricted access to toilet. Van, train, from 11/09/2021 to 13/09/2021 and 15/10/2021 to 17/10/2021

8,500

39.

26368/21

20/04/2021

Vladimir Alekseyevich ALEKSEYEV

1999

Ukhta Town Court, 20/10/2020;

Syktyvkar Town Court, 14/01/2021;

Supreme Court of the Komi Republic, 04/03/2021

Art. 3 - inadequate conditions of detention during transport - poor conditions of transport for 9 hours on 11/03/2021: insufficient number of sleeping places, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, overcrowding, poor quality of food, poor quality of potable water; 1 sq. m per person

8,500

40.

27583/21

04/05/2021

Vasiliy Petrovich BOROVTSOV

1975

Volzhskiy Town Court of the Volgograd Region, Volgograd Regional Court

01/04/2021

7,500

41.

29704/21

04/05/2021

Aleksandr Vladislavovich BOGDANOV

1977

Vorkuta Town Court

16/03/2021

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 - from 29/10/2021 to 31/10/2021, train, 0.2 sq. m per person overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, no or restricted access to potable water

The finding of a violation constitutes sufficient just satisfaction.

42.

32074/21

09/03/2021

Dmitriy Aleksandrovich DILSHNAYDER

1981

Sverdlovsk Regional Court, Ivdel Town Court of Sverdlovsk Region (by way of videoconference from the detention facility)

12/02/2021

Kirovskiy District Court of Novosibirsk

22/11/2021

The finding of a violation constitutes sufficient just satisfaction.

43.

32317/21

27/03/2021

Anton Olegovich BELYAYEV

1992

Naberezhnyye Chelny Town Court

01/12/2021

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 - from 16/08/2019 to 01/12/2020, numerous and regular transfers by van between the detention facilities and the courthouse pending the criminal proceedings: 0,25 sq. m per inmate, overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to toilet, sharing cells with inmates infected with contagious disease

8,500

44.

32847/21

09/06/2021

Artem Vasilyevich SHISHKIN

1990

Oktyabrsky District Court of Kirov

on-going placement in a cage on the date when the application was lodged with the Court

7,500

45.

35012/21

13/10/2021

Pavel Anatolyevich ZHELEZNOV

1985

Sysolskiy District Court of the Komi Republic

07/09/2021

Justice of the Peace of the Lesozavodskiy Judicial Circuit of Syktyvkar

10/06/2022

7,500

46.

37631/21

05/07/2021

Aleksandr Aleksandrovich BARUZDIN

1991

Sverdlovskiy District Court of Kostroma

11/02/2021

Kostroma Regional Court

01/07/2021

7,500

47.

37680/21

30/06/2021

Andrey Aleksandrovich KUCHIN

1991

Koryazhma Town Court

12/04/2021

7,500

48.

41704/21

23/07/2021

Uralbay Urazbayevich MAMBETOV

1997

Oktyabrskiy District Court of Tambov, Leninskiy District Court of Tambov

on-going placement in a cage on the date when the application was lodged with the Court

Art. 5 (3) - excessive length of pre-trial detention - fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention; persistent reliance, as the case progressed, on charges concerning membership of an organised criminal group, 16/11/2020-pending as of 16/09/2022, Tambov Regional Court, First Appellate Court, latest extension - 01/04/2022, upheld on appeal on 20/04/2022

9,750

49.

42328/21

27/12/2021

Omak Grigoryevich KHERTEK

1991

Oktyabrskiy District Court of Krasnoyarsk

22/09/2021

Art. 5 (3) - excessive length of pre-trial detention - from 04/03/2020 to 22/09/2021, Oktyabrskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial,

Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention

8,700