Lexploria

THIRD SECTION

CASE OF VILKOV AND OTHERS v. RUSSIA

( Application no. 38884/13 and 5 others -

see appended list )

JUDGMENT

STRASBOURG

20 July 2017

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

In the case of Vilkov and Others v. Russia ,

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

Luis López Guerra, President, Dmitry Dedov , Jolien Schukking , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 29 June 2017 ,

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 their detention . 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 their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

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

7. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants ’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding inadequate conditions of detention (see, for instance, Kud Å‚a v. Poland [GC], no. 30210/96, §§ 90 ‑ 94, ECHR 2000 ‑ XI, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 139 ‑ 65, 10 January 2012). 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, amongst many authorities, Karalevičius v. Lithuania , no. 53254/99, §§ 36 ‑ 40, 7 April 2005).

8. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, 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 were inadequate.

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

III. REMAINING COMPLAINTS

11. In applications nos. 44253/13, 56597/14, 56739/14, 56740/14 the applicants submitted other complaints which also raised issues under the Convention, in accordance with the relevant well-established case-law of the Court (see appended table). These co mplaints are not manifestly ill ‑ founded within 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 Sergey Babushkin v. Russia (no. 5993/08, §§ 38-45, 28 November 2013, pertaining to the absence of an effective remedy to complaint about the conditions of detention in Russia) .

IV . APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. 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.”

13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014 and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017) , the Court considers it reasonable to award the sums indicated in the appended table.

14. 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 applications admissible;

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

4. Holds that there has been a violation 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 20 July 2017 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Luis López Guerra 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 name

Date of birth

Facility

Start and end date

Duration

Number of inmates per brigade

Sq. m. per inmate

Number of toilets per brigade

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]

38884/13

23/05/2013

Yevgeniy Vladimirovich Vilkov

07/06/1970

IK-11

Bor

Nizhniy Novgorod Region

30/05/2006 to

23/05/2013

6 year(s) and 11 month(s) and 24 day(s)

135 inmate(s)

2.1 m²

6 toilet(s)

six sinks, small walking yard, poor food quality, no warm seasonal clothes and shoes, inadequate time for eating – 5 min.

5,000

44253/13

01/06/2013

Sergey Petrovich Nesynov

10/12/1976

IK-1

Stavropol

28/11/2012

pending

More than 4 year(s) and

3 month(s) and 9 day(s)

120 inmate(s)

0.8 m²

overcrowding, dampness, poor food quality

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

15,800

47807/14

04/10/2014

Mikhail Aleksandrovich Salomatin

03/07/1981

IK-5

Lepley

Republic of Mordovia

01/04/2014 to

02/10/2014

6 month(s) and 2 day(s)

500 inmate(s)

0.8 m²

13 toilet(s)

2 sinks for 1000 inmates, no hot water, irregular running wa ter supply, cold dormitory – 13 degrees Cels . above zero, frequent electricity outage, inmates infected with HIV, hepatitis and tuberculosis, squat toilet in outhouse without heating, poor food quality, unsanitary conditions in canteen

3,200

56597/14

30/09/2014

Yevgeniy Gavrilovich Zvezdkin

01/05/1950

IK-10

Rubtsovsk

Altay Region

22/05/2009

pending

More than 7 year(s) and

9 month(s) and 15 day(s)

200 inmate(s)

2.4 m²

no hot water, joint sleeping places – lack of privacy, no radio, cold toilet in outhouse - lack of privacy and unpleasant odour

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

13,300

56739/14

18/09/2014

Konstantin Nikolayevich Shambin

20/02/1975

IK-3

Ufa

Bashkortostan Republic

25/01/2010 to

10/06/2014

4 year(s) and 4 month(s) and 17 day(s)

86 inmate(s)

1 m²

2 toilet(s)

1 urinal, 2 sinks, unsanitary conditions in the shower with slime on the walls and floor, five shower heads for 20 inmates for 20 min., inmates infected with tuberculosis, HIV, poor food quality, no salt in food, no ventilation

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

5,000

56740/14

16/09/2014

Aleksey Salavatovich Baymurzin

23/11/1975

IK-3

Ufa

Bashkortostan Republic

16/07/2009 to

01/07/2014

4 year(s) and 11 month(s) and 16 day(s)

86 inmate(s)

1.4 m²

7 toilet(s)

8 sinks, unsanitary conditions in shower with slime on the walls and floor, five shower heads for 28 inmates for 20 min., inmates infected with tuberculosis and HIV, restricted access to toilet, poor food quality, no salt in food, no ventilation

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

5,000

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