THIRD SECTION

DECISION

Application no. 16114/11 Yevgeniy Sergeyevich GORBUNOV against Russia and 2 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 30 March 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov , Branko Lubarda , judges,

and Karen Reid, 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 applicant 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 applications nos. 39458/11 and 41698/11 the applicants also raised other complaints under the provisions 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 case, the Government contended that the applicants had been afforded adequate personal space and had individual sleeping places in their cells. Moreover, they had been allowed proper access to hygienic facilities. The Court lends credence to the Government ’ s submissions, which were corroborated by documentary evidence, whereas the applicants did not adduce any evidence capable of contradicting it.

Taking into account the cumulative effect of the conditions of the applicants ’ detention, 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 these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

C. Remaining complaints

In applications nos. 39458/11 and 41698/11 the applicants also raised other complaints under various articles of the Convention.

The Court has examined the applications listed in the appended table 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.

It follows that this part of the applications must be rejected in accordance with Article 35 § 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 4 May 2017 .

Karen Reid Luis López Guerra 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

16114/11

16/02/2011

Yevgeniy Sergeyevich GORBUNOV

15/04/1981

SIZO-1 Irkutsk Region

16/07/2010 to

19/10/2010

3 month(s) and 4 day(s)

4 inmate(s)

2 m²

lack of fresh air, no or restricted access to shower, lack of or poor quality of bedding and bed linen

39458/11

07/06/2011

Dmitriy Vladislavovich GLAZYRIN

03/10/1970

IZ-16/2 Kazan

19/02/2009 to

10/03/2012

3 year(s) and 21 day(s)

9 inmate(s)

4 m²

overcrowding, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to warm water, lack of or poor quality of bedding and bed linen

41698/11

23/05/2011

Pavel Gennadyevich POPOV

11/12/1970

SIZO-24/1 Krasnoyarsk Region

30/01/2010 to

13/01/2011

11 month(s) and 15 day(s)

10 inmate(s)

2.8 m²