THIRD SECTION

DECISION

Application no. 65288/16 Aleksey Aleksandrovich GROSHEV against Russia and 3 other applications (see appended table)

The European Court of Human Rights (Third Section), sitting on 18 January 2018 as a Committee composed of:

Luis López Guerra, 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 applicants,

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”) . The applicants also raised other complaints under 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 )

T he applicants complained about poor conditions of their detention in post-conviction facilities. 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 an outdoor exercise daily 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 complaints

The applicants also raised complaints under Article 13 of the Convention.

The Court reiterates that Article 13 of the Convention 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 applicants have no “arguable claim” and that the complaint under Article 13 should also be declared manifestly ill-founded.

It follows that this part of the applications must be rejected in accordance with 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 8 February 2018 .

Liv Tigerstedt Luis López Guerra              Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Other complaints under well ‑ established case-law

65288/16

21/03/2017

Aleksey Aleksandrovich Groshev

16/04/1980

IK-29 Kirov Region

06/08/2016

pending

More than 1 year(s) and 4 month(s) and 4 day(s)

4 m²

poor quality of food, lack of or inadequate hygienic facilities

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

27059/17

14/02/2017

Valentin Viktorovich Aksenov

26/01/1968

IK-34 Krasnoyarsk Region

12/09/2013

pending

More than 4 year(s) and 2 month(s) and 28 day(s)

3 m²

lack of or restricted access to leisure or educational activities, lack or inadequate furniture

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

27663/17

15/02/2017

Sergey Aleksandrovich Lygin

09/03/1971

IK-34 Krasnoyarsk Region

27/02/2015

pending

More than 2 year(s) and 9 month(s) and 13 day(s)

3 m²

lack or inadequate furniture, lack of or restricted access to leisure or educational activities

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

27686/17

17/02/2017

Yevgeniy Aleksandrovich Kozlov

28/01/1984

IK-34 Krasnoyarsk Region

25/05/2015

pending

More than 2 year(s) and 6 month(s) and 17 day(s)

3 m²

lack or inadequate furniture, lack of or restricted access to leisure or educational activities

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