THIRD SECTION

CASE OF NIKOLAYEV AND OTHERS v. RUSSIA

( Application s no s . 31113/15 and 7 others -

see appended list )

JUDGMENT

STRASBOURG

26 July 2018

This judgment is final but it may be subject to editorial revision.

In the case of Nikolayev and Others v. Russia ,

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

Alena Poláčková , President, Dmitry Dedov , Jolien Schukking , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 5 July 2018 ,

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 applications were communicated to the Russian Government (“the Government”).

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 of the inadequate conditions of detention during their transport . 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. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

6. The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention, which reads as follows:

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

7. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants ’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding cramped and defective conditions in the detention and transit of prisoners (see, for instance, Khudoyorov v. Russia , no. 6847/02, §§ 118 ‑ 120, ECHR 2005- X (extracts), and Starokadomskiy v. Russia , no. 42239/02, §§ 53 ‑ 60, 31 July 2008). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see MurÅ¡ić v. Croatia [GC], no. 7334/13, §§ 122 ‑ 141, ECHR 2016, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 ‑ 159, 10 January 2012).

8. In the leading cases of Idalov v. Russia [GC], no. 5826/03, §§ 103 ‑ 108, 22 May 2012, concerning conditions of transport by prison van and conditions of detention at the court-house, and M.S. v. Russia , no. 8589/08, §§ 78-79, 10 July 2014, concerning conditions of transport by rail, the Court already found a violation in respect of issues similar to those in the present case.

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 and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants ’ conditions of detention during their transport were inadequate.

10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. In applications nos. 32889/16, 32928/16, 53403/16 and 37476/17 the applicants also submitted complaints under Article 13 of the Convention. These complaints are not manifestly ill-founded w ithin 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 findings in Idalov v. Russia (no. 2) , no. 41858/08, § 115, 13 December 2016, concerning the lack of an effective domestic remedy to complain about poor conditions of transport .

IV . REMAINING COMPLAINTS

13. 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.

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

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

1 5 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

1 6 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Pukhachev and Zaretskiy v. Russia , nos. 17494/16 and 29203/16 , 7 November 2017 ), the Court considers it reasonable to award the sums indicated in the appended table.

1 7 . The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the complaints concerning the inadequate conditions of detention during transport and the other complaints under well ‑ established case-law of the Court , as set out in the appended table, admissible and the remainder of the applications nos. 31113/15, 1141/17, 37476/17, 45869/17 and 51331/17 inadmissible;

3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport ;

4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

5. Holds

(a) that the respondent State is to pay the 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;

(b) 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 26 July 2018 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Alena Poláčková Acting D eputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

( inadequate conditions of detention during transport )

No.

Application no.

Date of introduction

Applicant name

Date of birth

Representative name and location

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]

31113/15

09/06/2015

Stanislav Igorevich Nikolayev

30/06/1986

Alekseyeva Natalya Vasilyevna

Krsanoyarsk

train, two trips with the duration between 33 and 59 hours within the indicated period

12/12/2014 to

26/12/2014

0.5 m²

overcrowding, no or restricted access to toilet, no or restricted access to warm water, insufficient number of sleeping places

1,000

32889/16

25/05/2016

Mikhail Vyacheslavovich Baskov

11/02/1985

Mezak Ernest Aleksandrovich

Syktyvkar

van, train, several occasions of transport lasting at least a day from the correctional colony to the prison hospital

01/12/2015 to

13/02/2016

0.4 m²

overcrowding, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient electric light, lack or insufficient quantity of food

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport

1,000

32928/16

19/05/2016

Aleksandr Anatolyevich Fedonin

30/09/1976

van, several occasions of transport between the pre-trial detention facility and police ward in the indicated period

17/12/2012 to

18/04/2016

inadequate temperature, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, lack or insufficient quantity of food

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport

1,000

53403/16

31/08/2016

Artem Aleksandrovich Koryunov

11/01/1990

Kiryanov Aleksandr Vladimirovich

Taganrog

van

16/03/2016 to

16/03/2016

0.3 m²

lack of space

Art. 13 - lack of any effective remedy in domestic law - to complain about poor conditions of transport

1,000

1141/17

07/02/2017

Aleksandr Stanislavovich Nikolayev

20/03/1973

train

15/11/2016 to

15/11/2016

overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet

1,000

37476/17

02/05/2017

Aleksandr Vladislavovich Bogdanov

17/09/1977

train, van

13/04/2017 to

15/04/2017

1.4 m²

overcrowding, not provided with a place to sleep and had to sit all the way, insufficient electric light inside the compartment, the air heavy with cigarette smoke

Art. 13 - lack of any effective remedy in domestic law – to complain about poor conditions of transport

1,000

45869/17

09/06/2017

Oleg Vladimirovich Potkin

17/04/1970

van

07/05/2017 to

07/05/2017

0.25 m²

lack of fresh air, lack of or insufficient natural light, no safety belts, 85 km distance

1,000

51331/17

03/07/2017

Igor Fridrikhovich Puzanov

15/12/1975

train, 16-hour overnight trip together with 11 other detainees

28/12/2016 to

29/01/2017

train, 31-hour trip with 10 other inmates

08/01/2017 to

09/01/2017

0.3 m²

0.3 m²

lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, overcrowding

lack of fresh air, overcrowding, no or restricted access to toilet, insufficient number of sleeping places

1,000

[1] Plus any tax that may be chargeable to the applicants.