Lexploria

THIRD SECTION

CASE OF UTIN AND OTHERS v. RUSSIA

(Applications nos. 54784/16 and 41 others –

see appended list)

JUDGMENT

STRASBOURG

10 November 2022

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

In the case of Utin and Others v. Russia,

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

Darian Pavli , President,

Andreas Zünd ,

Frédéric Krenc , judges, and Viktoriya Maradudina, Acting Deputy Section Registrar ,

Having deliberated in private on 20 October 2022,

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 Russian Government (“the Government”) were given notice of the applications.

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

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

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, MurÅ¡ić v. Croatia [GC], no. 7334/13, §§ 96-177, 20 October 2016; 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, as described in the appended table below, were inadequate.

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

11. In applications nos. 705/18, 4273/18, 10092/18 and 10379/18 the applicants submitted a complaint under Article 13 of the Convention. The Court does not consider it necessary to examine the complaint separately.

12. In application no. 7977/18, the applicant also raised other complaints under Article 3 of the Convention.

13. The Court has examined these complaints 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 application 7977/18 must be rejected in accordance with Article 35 § 4 of the Convention.

14. 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.”

15. 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.

16. The Court further 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,

(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 during the default period plus three percentage points.

Done in English, and notified in writing on 10 November 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention after conviction)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Facility

Start and end date

Duration

Inmates per brigade

Sq. m per inmate

Number of toilets per brigade

Specific grievances

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

54784/16

29/08/2016

Yuriy Nikolayevich UTIN

1961IK-11 Nizhniy Novgorod Region

01/03/2010 - pending

More than 12 year(s) and

6 month(s) and 2 day(s)

140 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, lack or inadequate furniture, no or restricted access to warm water, poor quality of food, no or restricted access to toilet, insufficient time to eat

12,500

64023/16

25/10/2016

Vladimir Nikolayevich LEGENKOV

1981IK-11 Nizhny Novgorod

01/07/2013 - pending

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

2.2 m²

overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to warm water

12,500

44936/17

22/05/2017

Igor Viktorovich ISACHENKOV

1973IK-11 Nizhniy Novgorod

28/05/2012 - pending

More than 10 year(s) and

3 month(s) and 6 day(s)

140 inmate(s)

2.2 m²

6 toilet(s)

no or restricted access to warm water, lack or inadequate furniture, no leisure room, no household room, poor quality of food, lack or insufficient quantity of food, lack of winter clothes and shoes, lack of blankets, insufficient time for taking food, lack of or inadequate hygienic facilities

12,500

71433/17

22/09/2017

Andrey Leonidovich LAPIN

1963IK-11 Nizhny Novgorod Region

26/12/2006 - pending

More than 15 year(s) and

8 month(s) and 8 day(s)

130 inmate(s)

2.3-2.5 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, lack or inadequate furniture

12,500

75962/17

17/10/2017

Viktor Sergeyevich NOVIKOV

1979IK-11 Nizhniy Novgorod Region

22/05/2006 - pending

More than 16 year(s) and

3 month(s) and 12 day(s)

140 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities

12,500

75965/17

16/10/2017

Vasiliy Vasilyevich TSYPLYAKOV

1977IK-11 Nizhniy Novgorod Region

10/07/2006 - pending

More than 16 year(s) and

1 month(s) and 24 day(s)

140 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities

12,500

80171/17

13/11/2017

Sergey Viktorovich PEREVEZENTSEV

1976IK-11 Nizhniy Novgorod Region (cell type facilities)

01/04/2017 - pending

More than 5 year(s) and 5 month(s) and 2 day(s)

6 inmate(s)

2 m²

1 toilet(s)

lack of fresh air, lack of or insufficient natural light, overcrowding, passive smoking

12,500

82128/17

27/11/2017

Feliks Mairbekovich SOVLOKHOV

1986IK-11 Nizhniy Novgorod (PKT, disciplinary ward, strict regime cameras)

25/05/2016 - pending

More than 6 year(s) and 3 month(s) and 9 day(s)

2.5 m²

lack of fresh air, infestation of cell with insects/rodents, overcrowding, bunk beds, passive smoking, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to potable water

12,500

83266/17

25/11/2017

Stanislav Viktorovich MIKHALEV

1991IK-11 Nizhny Novgorod Region

18/12/2012 - pending

More than 9 year(s) and 10 month(s)

6 inmate(s)

2.5 m²

1 toilet(s)

overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, passive smoking, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or inadequate furniture

12,500

705/18

05/12/2017

Dmitriy Mikhaylovich KOSAREV

1982IK-11 Nizhniy Novgorod region

19/01/2015 - pending

More than 7 year(s) and 7 month(s) and 15 day(s)

lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to shower, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air

12,500

1019/18

07/12/2017

Anatoliy Grigoryevich GRINEVICH

1968IK-11 Nizhniy Novgorod Region

21/01/2016 - pending

More than 6 year(s) and 7 month(s) and 13 day(s)

145 inmate(s)

2.3 m²

6 toilet(s)

lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to shower, no or restricted access to toilet

12,500

2252/18

07/12/2017

Roman Aleksandrovich BOGDANOV

1978IK-11 Nizhniy Novgorod Region

02/05/2017 - pending

More than 5 year(s) and 4 month(s) and 1 day(s)

145 inmate(s)

2.2 m²

no or restricted access to toilet, no or restricted access to running water, overcrowding in the kitchen, inadequate temperature, lack of requisite medical assistance, the applicant lives in educative room, poor quality of food

12,500

3051/18

19/12/2017

Vladislav Igorevich PINDYURIN

1990IK-11 Nizhny Novgorod Region

01/03/2017 - pending

More than 5 year(s) and 6 month(s) and 2 day(s)

2.2 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, inadequate temperature, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of winter clothing

12,500

3053/18

12/12/2017

Andrey Sergeyevich PEKAREV

1988IK-11 Nizhniy Novgorod Region

30/10/2017 - pending

More than 4 year(s) and 10 month(s) and 4 day(s)

140 inmate(s)

2.2-2.6 m²

no or restricted access to toilet, lack of fresh air

12,500

4273/18

10/12/2017

Andrey Aleksandrovich BORISOV

1986IK-11 Nizhniy Novgorod Region

01/10/2013 - pending

More than 8 year(s) and 11 month(s) and 2 day(s)

120 inmate(s)

2 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents

12,500

4571/18

25/12/2017

Andrey Grigoryevich GEORGIYEVSKIY

1983IK-11 Nizhniy Novgorod Region

20/04/2012 - pending

More than 10 year(s) and

4 month(s) and 14 day(s)

130 inmate(s)

2.2-2.5 m²

6 toilet(s)

overcrowding, lack of fresh air, poor quality of food

12,500

5329/18

25/12/2017

Anton Albertovich ZAMORKOV

1989IK-11 Nizhniy Novgorod Region

06/02/2012 - pending

More than 10 year(s) and

6 month(s) and 28 day(s)

135 inmate(s)

2.3-2.5 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, no warm clothes and footwear provided for wintertime

12,500

7977/18

24/01/2018

Olimdzhon Khomidovich SAIDAKHMADOV

1972IK-11 Nizhny Novgorod Region

04/07/2016 - pending

More than 6 year(s) and

1 month(s) and 30 day(s)

2.1 m²

overcrowding, lack of or inadequate hygienic facilities, lack of requisite medical assistance, mouldy or dirty cell, infestation of cell with insects/rodents

12,500

8756/18

05/02/2018

Sadrutdin Sakhavatovich SAKHAVATOV

1971IK-11 Nizhny Novgorod Region

01/07/2013 -pending

More than 9 year(s) and

2 month(s) and 2 day(s)

130 inmate(s)

2.1-2.3 m²

6 toilet(s)

overcrowding, inadequate number of toilets and wash basins

12,500

10092/18

29/01/2018

Andrey Sergeyevich ALESHIN

1971IK-11 Nizhniy Novgorod Region

29/08/2011 -pending

More than

11 year(s) and 5 day(s)

130 inmate(s)

2.1-2.3 m²

6 toilet(s)

overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents

12,500

10379/18

03/12/2017

Zaur Mursalovich ALIYEV

1989IK-11 Nizhniy Novgorod Region

01/04/2014 - pending

More than 8 year(s) and

5 month(s) and 2 day(s)

2 m²

lack of fresh air, overcrowding, infestation of cell with insects/rodents

12,500

11742/18

20/02/2018

Viktor Konstantinovich KARSAKOV

1954IK-11 Nizhniy Novgorod Region

01/02/2012 - pending

More than 10 year(s) and

7 month(s) and 2 day(s)

140 inmate(s)

2 m²

6 toilet(s)

overcrowding, lack of fresh air

12,500

13624/18

16/02/2018

Soslan Kazbekovich YESIYEV

1982IK-11 Nizhniy Novgorod Region

10/11/2014 - pending

More than 7 year(s) and

9 month(s) and 24 day(s)

140 inmate(s)

2.3 m²

6 toilet(s)

poor quality of food, inadequate clothing

12,500

14219/18

05/03/2018

Mikhail Mikhaylovich GAGARIN

1988IK-11 Nizhniy Novgorod Region

12/10/2017 - pending

More than 4 year(s) and

10 month(s) and 22 day(s)

2 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air

12,500

14410/18

23/05/2018

Marat Rafitovich AKHTAMZYANOV

1973IK-11 Nizhniy Novgorod Region

27/11/2007 - pending

More than 14 year(s) and

9 month(s) and 7 day(s)

135 inmate(s)

2.37 m²

6 toilet(s)

no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food

12,500

15851/18

13/03/2018

Yuriy Lvovich LANSHIN

1956IK-11 Nizhniy Novgorod Region

20/02/2017 - pending

More than 5 year(s) and

6 month(s) and 14 day(s)

145 inmate(s)

2.1 m²

6 toilet(s)

overcrowding, lack of fresh air, poor quality of food, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents

12,500

16100/18

21/03/2018

Aleksandr Viktorovich ISAYEV

1973IK-11 Nizhniy Novgorod Region

31/05/2016 -pending

More than 6 year(s) and

3 month(s) and 3 day(s)

140 inmate(s)

2 m²

6 toilet(s)

overcrowding, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell

12,500

17140/18

26/03/2018

Dmitriy Vladimirovich MAYSYUK

1992IK-11 Nizhniy Novgorod

30/06/2016 - pending

More than 6 year(s) and

2 month(s) and 4 day(s)

140 inmate(s)

2 m²

6 toilet(s)

overcrowding, sharing cells with inmates infected with contagious disease, lack of fresh air, lack of requisite medical assistance

12,500

18779/18

02/04/2018

Ivan Ivanovich LENDEL

1988IK-11 Nizhniy Novgorod Region

03/08/2015 - pending

More than

7 year(s) and 1 month(s)

137 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of fresh air

12,500

19889/18

13/04/2018

Vladimir Vladimirovich GAVRILOV

1986IK-11 Nizhniy Novgorod Region

04/07/2016 - pending

More than 6 year(s) and

1 month(s) and 30 day(s)

130 inmate(s)

2.3-2.5 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, failure to provide warm clothes and footwear for winter, insufficient number of toilets and wash basins

12,500

20437/18

11/04/2018

Fyarit Ravilyevich KARAYEV

1967IK-11 Nizhniy Novgorod Region

19/06/2017 to 27/11/2017

5 month(s) and 9 day(s)

IK-11 Nizhniy Novgorod

25/12/2017 - pending

More than 4 year(s) and 8 month(s) and 9 day(s)

100 inmate(s)

2 m²

7 toilet(s)

100 inmate(s)

2 m²

7 toilet(s)

poor quality of food, overcrowding

overcrowding, poor quality of food

12,500

21498/18

25/04/2018

Igor Petrovich MAKAROV

1970IK-11 Nizhniy Novgorod Region

28/08/2017 - pending

More than 5 year(s) and 6 day(s)

2 m²

lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food

12,500

22632/18

18/06/2018

Roman Viktorovich POPOV

1982IK-11 Nizhniy Novgorod Region

25/11/2014 - pending

More than 7 year(s) and 9 month(s) and 9 day(s)

2 m²

6 toilet(s)

overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light

12,500

23160/18

03/05/2018

Ilsur Ilkamovich ZARIPOV

1976IK-11 Nizhniy Novgorod Region

27/02/2017 - pending

More than 5 year(s) and 6 month(s) and 7 day(s)

130 inmate(s)

2 m²

6 toilet(s)

lack of fresh air, sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, poor quality of food

12,500

23389/18

03/05/2018

Roman Viktorovich MOSKALEV

1985IK-11 Nizhniy Novgorod Region

26/05/2017 - pending

More than 5 year(s) and 3 month(s) and 8 day(s)

120 inmate(s)

2.5 m²

6 toilet(s)

poor quality of food, overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents

12,500

31321/18

09/06/2018

Anton Vladimirovich ISAKOV

1984IK-11 Nizhny Novgorod Region

17/11/2017 - pending

More than 4 year(s) and

9 month(s) and 17 day(s)

2.3 m²

overcrowding, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, cracking walls

12,500

31325/18

09/06/2018

Sergey Gennadiyevich NOVICHKOV

1994IK-11 Nizhniy Novgorod Region

04/09/2017 - pending

More than 4 year(s) and 11 month(s) and 30 day(s)

2.3 m²

overcrowding, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food

12,500

31457/18

19/06/2018

Maksim Vladimirovich SAVCHENKO

1984Zhiltsov Sergey Valeryevich

Bor

IK-11 Nizhniy Novgorod Region

23/02/2018 - pending

More than 4 year(s) and 6 month(s) and 11 day(s)

2 m²

overcrowding, lack of requisite medical assistance, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, poor quality of food, lack of or insufficient natural light, lack or inadequate furniture

12,500

31740/18

09/06/2018

Sergey Vladimirovich ILYIN

1972IK-11 Nizhniy Novgorod Region

21/11/2016 - pending

More than 5 year(s) and 9 month(s) and 13 day(s)

130 inmate(s)

2.3 m²

6 toilet(s)

overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to running water, no or restricted access to toilet, poor quality of food, infestation of cell with insects/rodents

12,500

33133/18

27/06/2018

Dmitriy Yuryevich YABLOKOV

1972IK-11 Nizhniy Novgorod Region

04/06/2018 - pending

More than 4 year(s) and 2 month(s) and 30 day(s)

28 inmate(s)

2 m²

overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, constant electric light, lack of or insufficient electric light

12,500

33494/18

27/06/2018

Zakar Ashotovich GALUSTYAN

1985IK-11 Nizhniy Novgorod Region

02/04/2016 - pending

More than 6 year(s) and 5 month(s) and 1 day(s)

2 m²

lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food

12,500

34903/18

06/07/2018

Valentin Sergeyevich CHIZHENKOV

1986IK-11 Nizhniy Novgorod Region

13/11/2011 - pending

More than 10 year(s) and

9 month(s) and 21 day(s)

130 inmate(s)

2.5 m²

6 toilet(s)

no or restricted access to warm water, poor quality of food, inadequate clothing

12,500

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

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CASE OF UTIN AND OTHERS v. RUSSIA

CASE OF UTIN AND OTHERS v. RUSSIA

LEXI