THIRD SECTION

CASE OF KOLEVATOV AND OTHERS v. RUSSIA

(Applications nos. 47696/10, 62151/10, 17790/11, 35535/12, 44590/12, 29586/13, 33709/13, 50624/13 and 2959/15)

JUDGMENT

STRASBOURG

24 November 2016

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

In the case of Kolevatov and Others v. Russia ,

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

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges , and Hasan Bakırcı Deputy Section Registrar ,

Having deliberated in private on 3 November 2016 ,

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. THE GOVERNMENT ’ S REQUEST TO STRIKE OUT SOME APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION

6. The Government submitted unilateral declaration in some applications which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government ’ s request to strike the applications out and will accordingly pursue its examination of the cases (see Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, § 75, ECHR 2003 ‑ VI).

I II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

7 . 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.”

8 . 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 a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “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, § 39 , 7 April 2005, and Ananyev and Others , cited above, §§ 145 ‑ 47 and 149).

9. In the leading cases of Ananyev and Others , cited above, and Butko v. Russia, no. 32036/10, §§ 54-64, 12 November 2015, the Court already found a violation in respect of issues similar to those in the present case.

10. 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.

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

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

12. In applications nos. 62151/10, 1 7790/11, 29586/13, 33709/13 and --- 2959/15, 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 complaints 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 Ananyev and Others, cited above, §§ 100- 19; Idalov v. Russia [GC], no. 5826/03 , § § 103-108 , 22 May 2012 , and Yevdokimov and Others v. Russia , nos. 27236/05 and 10 others, §§ 49-53, 16 February 2016.

V. REMAINING COMPLAINTS

13. In applications nos. 62151/10, 17790/11 and 2959/15, the applicants also raised other complaints under various Articles of the Convention.

14. 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.

V I . APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. 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.”

16. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012 and Butko v. Russia, no. 32036/10, § 68, 12 November 2015), the Court considers it reasonable to award the sums indicated in the appended table.

17. 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 . Rejects the Government ’ s request to strike some applications out of its list of cases;

3. Declares the complaints concerning the inadequate conditions of detention and the other complaints under well-established case-law of the Court , as set out in the appended table, admissible, and the remainder of applications nos. 62151/10, 17790/11 and 2959/15 inadmissible;

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

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

6. 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.

7. Dismisses the remainder of the applicants ’ claim for just satisfaction.

Done in English, and notified in writing on 24 November 2016 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Hasan Bakırcı Helena Jäderblom 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

Representative name and location

Facility

Start and end date

Duration

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]

47696/10

12/05/2010

Andrey Vadimovich KOLEVATOV

10/07/1959

IZ-24/6 Startsevo Krasnoyarsk Region

08/01/2010 to

29/06/2010

5 month(s) and

22 day(s)

1,7 m²

Assembly cell in the remand prison: 0.45 sq. m. per inmate.

The applicant, a non-smoker, was surrounded by smokers.

5,000

62151/10

26/10/2010

Semen Vladimirovich MATYUSHKIN

21/08/1983

Davydova Svetlana

Viktorovna

Moscow

IZ-63/1 the Samara Region

27/12/2010 to

08/01/2011

13 day(s)

IZ-56/1

the Orenburg Region

09/01/2011 to

20/01/2011

12 day(s)

12 inmate(s)

1.5 m²

1 toilet(s)

10 inmate(s)

1.6 m²

1 toilet(s)

Overcrowding

overcrowding, inadequate temperature, poor quality of food

Art. 3 - inadequate conditions of detention during transport

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

6,500

17790/11

04/03/2011

Oleg Igorevich KISTERNYY

30/01/1979

Lisovskaya Yelena Mikhaylovna

Orsk

IZ-2 Orsk

31/03/2009 to

28/02/2012

2 year(s) and

10 month(s) and 29 day(s)

1.5 m²

overcrowding, lack of or insufficient electric light, passive smoking, inadequate temperature, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, lack of or inadequate hygienic facilities

Art. 6 (1) - absence of detainees from civil proceedings

14,000

35535/12

26/04/2012

Andrey Svyatoslavovich SEMENIKHIN

07/09/1974

IZ-70/1 Tomsk

09/09/2011 to

20/01/2012

4 month(s) and

12 day(s)

IVS Seversk Tomsk region

21/09/2011 to

16/12/2011

2 month(s) and

26 day(s)

2,1 m²

4 m²

Low partition between the lavatory and the living space.

The lavatory was one meter away from the dining table.

No ventilation, no fresh air, no outdoor exercises, no showers, no windows, dim light, insects and mice, low partition between the lavatory and the living space; the lavatory was one meter away from the dining table.

5,000

44590/12

12/06/2012

Roman Nikolayevich POTAPOV

06/01/1972

IZ-75/1 Chita

03/12/2011 to

16/03/2012

3 month(s) and

14 day(s)

1.5 m²

not provided with an individual sleeping place, unsanitary conditions in the cell, toilet not separated from living area, infestation with mice, cockroaches, woodlice, lice and flies, bed linen never changed, no ventilation or fresh air, lack of light, inmates infected with tuberculosis, small walking yard of 10 sq. m. for 8 inmates, daily walk for 30-40 min., weekly shower for 20 min. with 2 shower heads for 8 inmates

5,000

29586/13

08/04/2013

Andrey Petrovich BYKOV

27/05/1973

IVS Chemal Altay

02/12/2011 to

15/11/2012

11 month(s) and

14 day(s)

1,4 m²

No ventilation, constant cigarette smoke, no natural light, poor heating in winter, insects and rodents, no sink or pan, rather buckets as lavatory, no privacy when using the bucket, stench, no water, no shower, poor quality of food.

Art. 13 - lack of any effective remedy in res p ect of inadequate conditions of detention

5,000

33709/13

16/04/2013

Dmitriy Gennadyevich VESLOVSKIY

04/09/1978

IZ-43/1 Kirov

29/09/2012 to

16/01/2013

3 month(s) and

19 day(s)

1.6 m²

No individual sleeping place, cement floor, no ventilation, the air heavy with cigarette smoke, unglazed window, lack of natural light, dim electric light, damp and cold cell, walls covered with mould and fungus, infestation with flies, cockroaches and spiders, toilet not separated from living area, no lavatory pan, dinner table located close to toilet, lack of toiletries, daily walk for one hour, small walking yard of 12 sq. m. for 14 inmates.

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

5,000

50624/13

25/06/2013

Rafis Nurlimanovich SHAYDULLIN

11/10/1977

IZ-63/1 Samara

15/06/2012 to

04/06/2013

11 month(s) and 21 day(s)

1,7- 4 m²

Irregular outdoor exercise of 40-45 minutes, fewer sleeping places than inmates, poor ventilation, dim light, the walls were covered with mould, poor quality of food, insects, low partition between the lavatory and the living room, the lavatory was one metre away from the dining table.

5,000

2959/15

16/12/2014

Vladislav Albertovich KALININ

14/01/1964

Prison hospital

No. LIU-10 Novosibirsk

20/05/2014 to

28/06/2014

1 month(s) and

9 day(s)

1.5 m²

dim electric light, no bedding and bed linen, infestation with insects and rodents, unsanitary conditions, the air heavy with cigarette smoke, lack of fresh air and ventilation, inmates infected with tuberculosis, itch and other infectious diseases

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.