Lexploria

THIRD SECTION

CASE OF DERUNOV AND OTHERS v. RUSSIA

(Applications nos. 64021/16 and 27 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 Derunov 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 of the inadequate conditions of their detention in correctional colony IK-11 in the Nizhniy Novgorod Region. 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 were inadequate.

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

11. Some applicants also raised complaints under Article 13 of the Convention in relation to their conditions-of-detention complaints. Having regard to its finding in paragraph 10 above, the Court does not consider it necessary to examine the present complaints separately.

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 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

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]

64021/16

25/10/2016

Sergey Aleksandrovich DERUNOV

1985

19/12/2011 to 19/08/2021

9 year(s) and 8 month(s) and 1 day(s)

2.2 m²

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

12,500

68739/16

09/11/2016

Anatoliy Anatolyevich ORLOV

1985

24/06/2013 to 08/11/2016

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

140 inmate(s)

2.3 m²

6 toilet(s)

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

5,000

77538/16

07/12/2016

(6 applicants)

Aleksey Viktorovich ZHUKOV

1975Yevgeniy Anatolyevich ZLOKAZOV

1971Yuriy Yuryevich PETROV

1980Igor Feliksovich DYATLENKO

1965Mikhail Yuryevich ZOBOV

1970Yuriy Aleksandrovich STOLYAROV

1974

21/07/2008 to 04/07/2017

8 year(s) and 11 month(s) and 14 day(s)

21/05/2012 - pending

More than 10 year(s) and 4 month(s) and 6 day(s)

30/05/2011 to 25/04/2017

5 year(s) and 10 month(s) and 27 day(s)

07/11/2011 - pending

More than 10 year(s) and 10 month(s) and 20 day(s)

15/04/2013 to 20/11/2018

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

27/10/2014 to 27/01/2017

2 year(s) and 3 month(s) and 1 day(s)

2,2 m²

8 toilet(s)

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

6,800, to be paid to Mr Zhukov

12,500, to be paid to Mr Zlokazov

6,300, to be paid to Mr Petrov

12,500, to be paid to Mr Dyatlenko

11,000, to be paid to Mr Zobov

5,500, to be paid to Mr Stolyarov

610/18

27/11/2017

Andrey Vladimirovich LUKYANOV

1991

20/03/2017 to 06/10/2020

3 year(s) and

6 month(s) and 17 day(s)

145 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, poor quality of food, inadequate number of toilets and wash basins

12,500

1213/18

12/12/2017

Aleksandr Sergeyevich GORODILOV

1985

24/02/2015 to 29/03/2018

3 year(s) and

1 month(s) and 6 day(s)

130 inmate(s)

2.1-2.3 m²

6 toilet(s)

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

6,000

2021/18

25/02/2018

Aleksey Nikolayevich MITRYUKOV

1979

09/02/2018 to 01/06/2020

2 year(s) and

3 month(s) and 24 day(s)

35 inmate(s)

2 - 2,5 m²

infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, overcrowding

4,700

2701/18

07/12/2017

Oleg Krosmanovich AYDAROV

1976

30/04/2014 to 11/03/2022

7 year(s) and 10 month(s) and 12 day(s)

140 inmate(s)

2.1 m²

6 toilet(s)

poor quality of food, lack of fresh air, infestation of cell with insects/rodents

12,500

2836/18

13/11/2017

Aleksandr Gennadyevich SHELESNYY

1983

31/07/2017 to 24/06/2019

1 year(s) and 10 month(s) and 25 day(s)

140 inmate(s)

2.3 m²

no or restricted access to toilet, no or restricted access to running water, small dressing room, lack of dryer, no or restricted access to warm water, poor quality of food

6,800

3541/18

04/12/2017

Burikhon Urunovich KHUDOYNAZAROV

1965

25/03/2013 to 02/04/2019

6 year(s) and 9 day(s)

145 inmate(s)

2.2 m²

lack of or inadequate hygienic facilities, overcrowding, poor quality of food, no or restricted access to running water, lack of fresh air

9,000

3774/18

30/12/2017

Aleksandr Aleksandrovich SMIRNOV

1977

14/03/2011 to 29/12/2017

6 year(s) and

9 month(s) and 16 day(s)

2.3 m²

overcrowding, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack or insufficient quantity of food, inadequate provided clothing, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to toilet

5,000

3852/18

13/12/2017

Vladimir Gennadyevich ROMANOV

1984

25/07/2012 to 27/10/2017

5 year(s) and

3 month(s) and 3 day(s)

140 inmate(s)

2.2 m²

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

5,000

4240/18

26/12/2017

Vitaliy Aleksandrovich CHIKIN

1971

20/03/2015 to 19/05/2020

5 year(s) and

2 month(s)

2 m²

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

12,300

5264/18

13/01/2018

Valeriy Nikolayevich ZIS

1989

22/04/2013 to 24/10/2017

4 year(s) and

6 month(s) and 3 day(s)

2.3 m²

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

5,000

5490/18

15/12/2017

Vasiliy Nikolayevich PETROV

1982

07/07/2008 to 07/11/2017

9 year(s) and

4 month(s) and 1 day(s)

140 inmate(s)

2.3 m²

6 toilet(s)

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

5,000

7979/18

22/01/2018

Roman Grigoryevich BAGDIYAN

1981

05/06/2012 to 10/07/2019

7 year(s) and

1 month(s) and 6 day(s)

2.1 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, poor quality of food, lack of requisite medical assistance, detention together with ill inmates, mouldy or dirty cell

9,500

8806/18

31/01/2018

Aleksey Viktorovich ZHABANOV

1973

16/02/2015 to 27/10/2017

2 year(s) and

8 month(s) and 12 day(s)

2.3 m²

overcrowding, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack or insufficient quantity of food, insufficient provision of clothing, lack of or inadequate hygienic facilities

5,000

13276/18

05/03/2018

Aleksandr Sergeyevich FABIYEV

1985

26/09/2006 to 19/12/2017

11 year(s) and 2 month(s) and 24 day(s)

135 inmate(s)

2.4 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

5,000

13278/18

06/03/2018

Anatoliy Alekseyevich MASLAKOV

1982

20/03/2015 to 19/12/2017

2 year(s) and 9 month(s)

135 inmate(s)

2.3 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, lack of or poor quality of bedding and bed linen

5,000

16040/18

19/03/2018

Artem Sergeyevich BOLDYREV

1993

02/03/2017 to 06/11/2021

4 year(s) and

8 month(s) and 5 day(s)

137 inmate(s)

2.2 m²

6 toilet(s)

overcrowding, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, mouldy or dirty cell

12,500

18187/18

12/02/2018

Maksim Andreyevich FUNDOVOY

1986

06/03/2017 to 04/09/2017

5 month(s) and 30 day(s)

140 inmate(s)

2 m²

7 toilet(s)

overcrowding, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient physical exercise in fresh air, passive smoking

2,900

18220/18

19/03/2018

Sergey Nikolayevich MOTLOKHOV

1980

23/01/2007 to 15/06/2019

12 year(s) and 4 month(s) and 24 day(s)

140 inmate(s)

2.3 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack or insufficient quantity of food, insufficient provision of seasonal clothing

8,800

18371/18

15/03/2018

Yevgeniy Nikolayevich BUSYGIN

1987

14/07/2014 to 17/03/2020

5 year(s) and

8 month(s) and 4 day(s)

135 inmate(s)

2.2 m²

6 toilet(s)

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

11,300

19933/18

10/04/2018

Dmitriy Vladimirovich GORELIKOV

1978

20/09/2010 to 20/11/2018

8 year(s) and

2 month(s) and 1 day(s)

130 inmate(s)

2-2.2 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, lack or inadequate furniture, poor quality of food, lack or insufficient quantity of food, failure to provide appropriate clothes and footwear for different seasons, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins

7,000

23460/18

23/04/2018

Sanal Vladimirovich SUKIYEV

1975

03/09/2012 to 29/09/2019

7 year(s) and 27 day(s)

120 inmate(s)

2.5 m²

6 toilet(s)

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, no or restricted access to toilet, poor quality of food, sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents

9,500

24659/18

14/05/2018

Oleg Aleksandrovich KUZNETSOV

1988

01/05/2017 to 17/12/2021

4 year(s) and

7 month(s) and 17 day(s)

120 inmate(s)

2 m²

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

12,500

31558/18

27/06/2018

Nikolay Aleksandrovich IVLIYEV

1984

04/04/2014 to 24/09/2018

4 year(s) and

5 month(s) and 21 day(s)

145 inmate(s)

2.2 m²

6 toilet(s)

sharing cells with inmates infected with contagious disease, overcrowding, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, no or restricted access to shower, lack of requisite medical assistance

5,800

32369/18

27/06/2018

Mger Seyranovich KIRAKOSYAN

1977

28/05/2012 to 07/03/2022

9 year(s) and

9 month(s) and 8 day(s)

2.1 m²

overcrowding, lack or inadequate furniture, bad odour in dormitory, no or restricted access to running water, poor quality of food, lack of fresh air, no or restricted access to toilet

12,500

33940/18

09/07/2018

Yevgeniy Aleksandrovich CHISTOV

1984Solovyev Igor Anatolyevich

Rzhev

11/04/2016 to 03/08/2020

4 year(s) and

3 month(s) and 24 day(s)

2 m²

10 toilet(s)

overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, poor quality of food

11,300

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

Menu

CASE OF DERUNOV AND OTHERS v. RUSSIA

CASE OF DERUNOV AND OTHERS v. RUSSIA

LEXI