THIRD SECTION

DECISION

Application no s . 44585/11 and 3374/17 Dzhavid Bayram Ogly DZHABRAILOV against Russia and Leonid Vladimirovich SHIBASHOV against Russia

The European Court of Human Rights (Third Section), sitting on 22 March 2018 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

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

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant in case no. 3374/17,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and the relevant details of the application s are set out in the appended table.

The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”) . In application no. 3374/17, the applicant also raised a complaint under the Article 13 of the Convention.

THE LAW

A. Joinder of the applications

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

B. Complaints under Article 3 of the Convention ( inadequate conditions of detention )

The Court reiterates that it adopts conclusions after evaluating all the evidence, including such inferences as may flow from the facts and the parties ’ submissions. According to its established case-law, proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see, for example, Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, § 121, 10 January 2012). In cases regarding conditions of detention the burden of proof may, under certain circumstances, be shifted to the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII; see also Mathew v. the Netherlands , no. 24919/03, § 156, ECHR 2005 IX). Nevertheless, an applicant must provide an elaborate and consistent account of the conditions of his or her detention, mentioning the specific elements which would enable the Court to determine that the complaint is not manifestly ill-founded or inadmissible on any other grounds.

In the present cases, the Government contended that the applicants had been afforded adequate personal space and had individual sleeping places. Moreover, they had been allowed daily outdoor exercise and had had proper access to hygienic facilities. The Government relied on the information provided by remand prisons governors and excerpts from remand prisons ’ population registers accounting for each day of the applicants ’ detention.

The Court is satisfied that the excerpts are original documents which were prepared during the periods under the examination and which showed the actual number of inmates present in the cells on relevant dates. The Court also notes that the excerpts from the registers demonstrate that at the relevant time the remand prisons were not overcrowded.

Having assessed the evidence presented by the parties in its entirety, the Court gives credence to the primary documents produced by the Government and rejects the applicants ’ allegations as unsubstantiated.

Taking into account the cumulative effect of the conditions of the applicants ’ detention in the remand prisons, the Court does not consider that the conditions reached the threshold of severity required to characterise the treatment as inhuman or degrading within the meaning of Article 3 of the Convention.

In view of the above, the Court finds that the complaints about the conditions of detention as described in these applications (see appended table below) are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

C. Remaining complaint

In application no. 3374/17, the applicant also raised a complaint under Article 13 of the Convention.

The Court reiterates that Article 13 only applies where an individual has an “arguable claim” to be the victim of a violation of a Convention right. In view of its findings above with regard to the complaint about the conditions of detention, the Court considers that the applicant has no “arguable claim” and that the complaint under Article 13 should also be declared manifestly ill-founded and rejected under Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the application s inadmissible.

Done in English and notified in writing on 12 April 2018 .

Liv Tigerstedt Alena Poláčková              Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Representative name and location

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Other complaints under well-established case-law

44585/11

01/07/2011

Dzhavid Bayram Ogly Dzhabrailov

25/09/1984

Shaysipova Valentina Alekseyevna

Tambov

Temporary detention centre, Tambov Region

23/09/2010 to

08/07/2011

9 month(s) and

16 day(s)

6 inmate(s)

4 m²

Lack of fresh air, poor quality of potable water.

3374/17

20/11/2016

Leonid Vladimirovich Shibashov

24/02/1987

IZ 73/1 Ulyanovsk

11/06/2016 to

13/08/2016

2 month(s) and

3 day(s)

4 m²

Lack of fresh air, lack of or insufficient electric light, constant electric light, lack of or poor quality of bedding and bed linen.

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention.