Lexploria

THIRD SECTION

DECISION

Application no. 56541/17 Sergey Vladimirovich DOBRYNIN against Russia and 37 other applications

(s ee appended table)

The European Court of Human Rights (Third Section), sitting on 1 July 2021 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma , judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention and the complaints under Article 13 of the Convention concerning the lack of any effective remedy in domestic law in respect of inadequate conditions of detention, were communicated to the Russian Government (“the Government”) .

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the present applications, the applicants complained of conditions of their post-conviction detention in violation of the national requirements during periods which had already come to an end (for further details see the appended table). They also argued that they did not have an effective domestic remedy to complain about those conditions at the national level. Articles 3 and 13 read:

Article 3

Prohibition of torture

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 13

Right to an effective remedy

“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.”

The Government submitted their observations, having disputed the violations alleged. On 10 January 2020 the Government submitted additional information about the new Compensation Act and asked to treat it as a new remedy in respect of conditions of detention complaints under Articles 3 and 13 of the Convention.

The Court has recently held that applicants are required to make use of the newly introduced compensatory remedy in respect of improper conditions of past correctional detention in breach of domestic standards (see Shmelev and Others v. Russia ( dec. ), no. 41743/17, §§ 153-57, 17 March 2020). In the present case, the applicants complained about the conditions of their post-conviction detention which were, as indicated by the applicants, below the national standard of two square metres per person. Therefore, there are no circumstances which could justify the applicants ’ failure to have recourse to the new compensatory remedy.

It follows that the complaints under Article 3 of the Convention must be rejected for non-exhaustion of domestic remedies pursuant to Article 35 §§ 1 and 4 of the Convention.

In so far as the applicants refer to Article 13 of the Convention, the Court, having regard to its conclusion concerning Article 3, finds that no separate issue arises under this provision. It finds that this complaint is manifestly ill-founded within the meaning of Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 22 July 2021 .

{signature_p_2}

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention )

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

56541/17

30/10/2017

Sergey Vladimirovich DOBRYNIN

1985IK-11 Nizhniy Novgorod Region

01/07/2014 to

15/09/2020

6 year(s) and 2 month(s) and

15 day(s)

46 inmate(s)

1.6 m²

Using of leisure room for sleeping, no works ’ tables, no place in the rest room and overcrowding of the kitchen, stench, no or restricted access to toilet, no or restricted access to running water, lack of requisite medical assistance, insufficient number of sleeping places, lack of fresh air, infestation of cell with insects/rodents.

4036/18

21/06/2018

Vyacheslav Petrovich PROSVIRIN

1971IK-2 Zabaykalskiy Region

03/10/2017 to

03/03/2021

3 year(s) and 5 month(s) and

1 day(s)

140 inmate(s)

1.5 m²

Overcrowding, lack or inadequate furniture, no or restricted access to warm water, lack of fresh air, lack of or restricted access to leisure or educational activities, lack of cell surface to move freely between furniture items, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking.

6005/18

09/01/2018

Aleksey Petrovich TIMOFEYEV

1980IK-11 Nizhniy Novgorod Region

01/07/2014 to

07/08/2018

4 year(s) and 1 month(s) and

7 day(s)

60 inmate(s)

1.5 m²

8 toilet(s)

Overcrowding, infestation of cell with insects/rodents.

9392/18

09/02/2018

Vyacheslav Vitalyevich TSELKOVIKOV

1983Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

22/12/2013 to

21/08/2017

3 year(s) and 8 month(s)

less than 2 m²

Overcrowding, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, lack or insufficient quantity of food, poor quality of food.

9410/18

08/02/2018

Aleksandr Nikolayevich ROZHKOV

1979Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

13/04/2016 to

12/10/2017

1 year(s) and 6 month(s)

less than 2 m²

Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, lack or insufficient quantity of food, poor quality of food.

9565/18

06/02/2018

Maksim Aleksandrovich KRAKHMAL

1988IK-11 Nizhniy Novgorod Region

25/09/2013 to

22/09/2020

6 year(s) and 11 month(s) and

29 day(s)

1.6 m²

Overcrowding, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, bad odour in dormitory, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food.

11737/18

22/02/2018

Andrey Sergeyevich DAMANOVSKIY

1983Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

30/12/2014 to

07/11/2017

2 year(s) and 10 month(s) and

9 day(s)

100 inmate(s)

0.6 m²

Overcrowding, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light.

13055/18

28/02/2018

Andrey Vladimirovich PAVLOVSKIY

1984Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

02/12/2011 to

01/12/2017

6 year(s)

125 inmate(s)

less than 2 m²

Infestation of cell with insects/rodents, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, no or restricted access to running water, poor quality of food.

13058/18

28/02/2018

Daniil Igorevich RYBAKOV

1993Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

30/03/2016 to

29/01/2018

1 year(s) and 10 month(s)

125 inmate(s)

less than 2 m²

Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to running water, poor quality of food.

13088/18

20/02/2018

Andrey Sergeyevich NEMKOV

1987Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

20/03/2017 to

17/11/2017

7 month(s) and 29 day(s)

100 inmate(s)

0.6 m²

Lack of or insufficient electric light, infestation of cell with insects/rodents, overcrowding, poor quality of food, lack of fresh air.

13228/18

02/03/2018

Sergey Aleksandrovich DEVOCHKIN

1985Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

21/03/2017 to

28/02/2018

11 month(s) and 8 day(s)

100 inmate(s)

less than 2 m²

Overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.

13246/18

02/03/2018

Yaroslav Alekseyevich KAMYSHEV

1980Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

26/05/2013 to

03/11/2017

4 year(s) and 5 month(s) and

9 day(s)

less than 2 m²

Infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, overcrowding, mouldy or dirty cell.

13670/18

17/02/2018

Yuriy Nikolayevich KUDRYAVTSEV

1961Shirokov Oleg Valeryevich

Nizhniy Tagil

IK-3 Sverdlovsk Region

28/05/2013 to

01/03/2019

5 year(s) and 9 month(s) and

2 day(s)

less than 2 m 2

Bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient electric light, poor quality of food, lack of fresh air, inadequate temperature.

14222/18

05/03/2018

Irina Pavlovna KUCHINA

1987Vinogradov Aleksandr Vladimirovich

Kostroma

IK-8 Kostroma Region

17/10/2016 to

02/02/2018

1 year(s) and 3 month(s) and

17 day(s)

less than 2 m²

Inadequate temperature, infestation of cell with insects/rodents, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, lack of privacy for toilet, lack of toiletries, lack of or inadequate hygienic facilities, shower once a week.

14495/18

12/03/2018

Andrey Nikolayevich UTKIN

1981Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

01/12/2016 to

06/03/2018

1 year(s) and 3 month(s) and

6 day(s)

1.7 m²

Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, poor quality of food, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease.

14522/18

12/03/2018

Vitaliy Yuryevich YERSHOV

1990Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

20/09/2017 to

21/02/2018

5 month(s) and 2 day(s)

125 inmate(s)

1.8 m²

Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to running water, poor quality of food, lack of requisite medical assistance.

14529/18

16/03/2018

Yevgeniy Viktorovich CHUMAKOV

1983Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

10/09/2017 to

09/03/2018

6 month (s)

less than 2 m²

Infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, no or restricted access to potable water, poor quality of food.

14643/18

12/03/2018

Nikolay Vladimirovich SHATROV

1988Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

24/02/2015 to

22/02/2018

2 year(s) and 11 month(s) and

30 day(s)

120 inmate(s)

1.9 m²

Dilapidated construction, humidity and mustiness, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, lack of fresh air, overcrowding during the walk, dirty courtyard, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to running water, poor quality of food.

14690/18

12/03/2018

Beslan Shamsudinovich KHAGIYEV

1977Vinogradov Aleksandr Vladimirovich

Kostroma

IK-7 Kostroma Region

10/09/2011 to

09/01/2018

6 year(s) and 4 month(s)

120 inmate(s)

1 m²

No or restricted access to toilet, lack of privacy for toilet, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, small dirty courtyard, no or restricted access to potable water, poor quality of food, sharing cells with inmates infected with contagious disease.

14871/18

12/03/2018

Rufim Anatolyevich SIDOROV

1981IK-2 Zabaykalskiy Region

24/10/2017 to

24/12/2020

3 year(s) and 2 month(s) and

1 day(s)

144 inmate(s)

1.5 m²

8 toilet(s)

Lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, lack of privacy for toilet, inadequate clothing.

14873/18

12/03/2018

Aleksandr Sergeyevich PONOMAREV

1975Shirokov Oleg Valeryevich

Nizhniy Tagil

IK-19 Sverdlovsk Region

04/07/2016 to

29/12/2017

1 year(s) and 5 month(s) and

26 day(s)

IK-19 Sverdlovsk Region

22/01/2018 to

03/09/2019

1 year(s) and 7 month(s) and

13 day(s)

less than 2 m²

Lack of privacy for toilet, lack of or inadequate hygienic facilities, inadequate temperature, sharing cells with inmates infected with contagious disease, poor quality of food, lack of or insufficient electric light, no or restricted access to running water, passive smoking, lack of or insufficient physical exercise in fresh air.

14971/18

16/03/2018

Vladimir Nikolayevich YEVDOKIMOV

1988Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

26/07/2011 to

11/12/2017

6 year(s) and 4 month(s) and

16 day(s)

less than 2 m²

Infestation of cell with insects/rodents, overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food.

15299/18

10/02/2018

Andrey Aleksandrovich KHORKOV

1979Valeyev Albert Rafailovich

Nizhniy Tagil

IK-12 Sverdlovsk Region

05/11/2016 to

05/02/2019

2 year(s) and 3 month(s) and

1 day(s)

less than 2 m²

Lack of privacy for toilet, lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, sharing cells with inmates infected with contagious disease, overcrowding, lack of toiletries, no or restricted access to toilet.

15305/18

02/03/2018

Sergey Vitalyevich UGLOV

1978Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

08/06/2017 to

07/02/2018

8 month (s)

100 inmate(s)

less than 2 m²

Mouldy or dirty cell, overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air.

15802/18

14/03/2018

Aleksey Gennadyevich GLUSHICHKIN

1984Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

20/05/2011 to

20/02/2018

6 year(s) and 9 month(s) and 1 day(s)

100 inmate(s)

0.5 m²

Mouldy or dirty cell, overcrowding, poor quality of food, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient electric light.

15863/18

14/03/2018

Yelena Aleksandrovna ARISTOVA

1993Vinogradov Aleksandr Vladimirovich

Kostroma

IK-3 Kostroma Region

14/10/2014 to

13/12/2017

3 year(s) and 2 month(s)

100 inmate(s)

0.6 m²

Inadequate temperature, infestation of cell with insects/rodents, overcrowding, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food.

15864/18

16/03/2018

Ilya Leonidovich MIKHAYLOV

1982Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

12/07/2013 to

11/01/2018

4 year(s) and 6 month(s)

130 inmate(s)

less than 2 m²

Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease.

16964/18

23/03/2018

Aleksandr Anatolyevich KERZHENTSEV

1967Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

14/09/2012 to

25/12/2017

5 year(s) and 3 month(s) and

12 day(s)

0.6-0.9 m²

Overcrowding, infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, shower once a week, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.

17493/18

27/03/2018

Andrey Anatolyevich MALYSHEV

1980Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

22/12/2014 to

19/01/2018

3 year(s) and 29 day(s)

0.9 m²

Lack of fresh air, lack of or insufficient electric light, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease.

17496/18

27/03/2018

Nikolay Aleksandrovich MOROZOV

1967Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

06/04/2016 to

05/10/2017

1 year(s) and 6 month(s)

0.9 m²

Infestation of cell with insects/rodents, lack of fresh air, mouldy or dirty cell, poor quality of food, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, no or restricted access to toilet, sharing cells with inmates infected with contagious disease.

17497/18

27/03/2018

Denis Sergeyevich KUZMIN

1987Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

10/01/2013 to

09/01/2018

5 year(s)

1.9 m²

Mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, constant electric light, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, poor quality of food.

17656/18

27/03/2018

Aleksandr Vladimirovich KEPOV

1985Vinogradov Aleksandr Vladimirovich

Kostroma

IK-7 Kostroma Region

14/07/2011 to

04/12/2017

6 year(s) and 4 month(s) and

21 day(s)

120 inmate(s)

1.9 m²

3 toilet(s)

Overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, sharing cells with inmates infected with contagious disease, poor quality of food.

19746/18

03/04/2018

Svyatoslav Aleksandrovich GORBUNOV

1981Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

19/09/2017 to

07/03/2018

5 month(s) and 17 day(s)

100 inmate(s)

0.6 m²

Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, no or restricted access to running water.

21009/18

10/04/2018

Ivan Aleksandrovich GERASIMOV

1982Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

05/06/2017 to

04/04/2018

10 month (s)

130 inmate(s)

less than 2 m²

Infestation of cell with insects/rodents, overcrowding, mouldy or dirty cell, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food.

22149/18

17/04/2018

Yevgeniy Siyadovich TUMPAROV

1981IK-11 Nizhniy Novgorod Region

01/12/2015 to

29/12/2020

5 year(s) and 29 day(s)

1.1 m²

Lack of or inadequate hygienic facilities, lack or insufficient quantity of food, lack of fresh air.

28452/18

16/05/2018

Vitaliy Vitalyevich KLYUYEV

1976IK-11 Nizhniy Novgorod Region

17/08/2015 to

30/03/2021

5 year(s) and 7 month(s) and

14 day(s)

130 inmate(s)

1.35 m²

6 toilet(s)

Overcrowding, infestation of cell with insects/rodents, no or restricted access to shower, lack of toiletries, lack of requisite medical assistance, poor quality of food.

32333/18

29/06/2018

Igor Borisovich SAVIN

1963IK-11 Nizhniy Novgorod Region

08/11/2016 to

16/06/2020

3 year(s) and 7 month(s) and

9 day(s)

140 inmate(s)

1.6 m²

6 toilet(s)

Overcrowding, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, no facilities for washing clothes, lack of proper conditions for eating, poor quality of potable water, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient electric light, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease, scarce space for walking in fresh air, delayed and unregular removal of food waste, poor quality of food, insufficient time for eating, lack and poor quality of supplied clothing, no or restricted access to shower, critical condition of the colony building, lack or insufficient quantity of food, lack of fresh air, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to potable water, mouldy and dirty shower.

11654/19

20/01/2019

Roman Nikolayevich DENEZHKIN

1981IK-8 Komi Republic

05/08/2014 to

07/04/2021

6 year(s) and 8 month(s) and

3 day(s)

60 inmate(s)

< 1,2 m²

Overcrowding, no or restricted access to toilet, no or restricted access to warm water.

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DOBRYNIN AND OTHERS v. RUSSIA

DOBRYNIN AND OTHERS v. RUSSIA

LEXI