THIRD SECTION

CASE OF YELISTRATOV AND OTHERS v. RUSSIA

(Applications nos. 24453/17 and 32 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 Yelistratov 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 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. They 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 in the remand prison and the courthouse. 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 all or some of the applicants were detained in overcrowded cells in remand prison IZ-1 in Kazan for lengthy periods and were held for hours in the cramped holding cells (convoy cells), without access to fresh air or natural light, in the basement of the Supreme Court of Tatarstan. The Court refers to the principles established in its case ‑ law regarding inadequate conditions of detention (see MurÅ¡ić v. Croatia [GC], no. 7334/13, §§ 96 ‑ 101, ECHR 2016; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149 ‑ 59, 10 January 2012) in which the Court already found a violation in respect of issues similar to those in the present case.

8. 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.

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

10. The applicants submitted other complaints which also raised issues under the Convention, given 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 Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 122-39, ECHR 2014 (extracts) and Mariya Alekhina and Others v. Russia , no. 38004/12, §§ 145-50 and 166-72, 17 July 2018, as regards detention in a metal cage or glass cabin during court hearings and inability to communicate freely and privately with a lawyer during the trial; Dirdizov v. Russia , no. 41461/10, §§ 108-11, 27 November 2012, as regards unreasonably long detention on remand; Idalov v. Russia [GC], no. 5826/03, §§ 154 ‑ 58, 161 ‑ 65, 22 May 2012, as regards an excessive length of detention review proceedings; Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 114-56, 9 April 2019, concerning poor conditions of transport of detainees and absence of an effective remedy to complain about poor transport conditions; Volkov and Adamskiy v. Russia , nos. 7614/09 and 30863/10, §§ 56-61, 26 March 2015, as regards the failure to provide the applicants with legal aid lawyers; and Mukhametov and Others v. Russia , nos. 53404/18 and 3 others, §§ 39 ‑ 42, 14 December 2021 and Pavlova v. Russia , no. 8578/12, §§ 31 ‑ 33, 18 February 2020, as regards restrictions on family visits in the remand prison and the lack of an effective remedy in this regard.

11. 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.”

12. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Ananyev and Others, cited above, § 172), the Court considers it reasonable to award the sums indicated in the appended table.

13. 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 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)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established case-law

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

(in euros) [1]

24453/17

06/03/2017

and

76929/17

04/10/2017

and

81812/17

01/11/2017

and

7312/18

16/01/2018

and

9727/18

06/01/2018

and

5193/19

08/01/2019

Andrey Vyacheslavovich YELISTRATOV

1994Yefremova Yekaterina Viktorovna

Moscow

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfer by a prison van after 18/11/2016 on numerous occasions between the detention facility and the courthouse;

Art. 5 (3) – excessive length of pre-trial detention – the applicant was detained on remand since 29/09/2014 without sufficient reasons;

Art. 5 (4) – excessive length of judicial review of detention – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeals against the detention orders of 21/02/2017 (upheld on appeal on 23/05/2017), 16/05/2017 (upheld on appeal on 20/06/2017), and 08/08/2017 (upheld on appeal on 08/09/2017),

01/11/2017 (upheld on appeal on 19/12/2017);

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law in respect of restrictions on family visits in pre-trial detention facilities

9,500

32552/17

21/03/2017

and

28123/18

16/05/2018

and

39955/18

10/08/2018

Nikolay Aleksandrovich SAVELCHEV

1989Preobrazhenskaya Oksana Vladimirovna

Strasbourg

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport - transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (3) – excessive length of pre-trial detention – the applicant was detained on remand since 14/04/2015 without sufficient reasons;

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law in respect of restrictions on family visits in pre-trial detention facilities

10,000

33208/17

15/04/2017

and

4745/18

08/12/2017

and

8936/18

27/12/2017

and

41544/18

18/08/2018

Aynur

Nailovich GARIFULLIN

1993Maralyan

Anna

Strasbourg

Art. 3 – use of metal cages and/or other security arrangements in courtrooms - holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (3) – excessive length of pre-trial detention – the applicant was detained on remand since 30/09/2014 without sufficient reasons;

Art. 5 (4) – excessive length of judicial review of detention – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeals against the detention orders of 16/05/2017 (upheld on appeal on 23/06/2017) and 08/08/2017 (upheld on appeal on 08/09/2017);

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law in respect of restrictions on family visits in pre-trial detention facilities

10,000

34408/17

06/03/2017

and

82102/17

17/11/2017

and

9835/18

02/02/2018

and

27907/18

24/05/2018

and

39843/18

09/08/2018

Vladimir Aleksandrovich SAVELCHEV

1990Preobrazhenskaya Oksana Vladimirovna

Strasbourg

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (3) – excessive length of pre-trial detention – the applicant was detained on remand since 06/03/2015 without sufficient reasons;

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law – in respect of restrictions on family visits in pre-trial detention facilities

9,500

34663/17

15/04/2017

and

81200/17

02/11/2017

and

2763/18

15/12/2017

Maksim Yevgenyevich IONOV

1982Preobrazhenskaya Oksana Vladimirovna

Strasbourg

and

Bokareva Valentina Aleksandrovna

Moscow

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (4) – excessive length of judicial review of detention – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeals against the detention orders of 16/05/2017 (upheld on appeal on 14/07/2017), 08/08/2017 (upheld on appeal on 08/09/2017) and 01/11/2017 (upheld on appeal on 15/12/2017)

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel during the trial hearings;

Art. 6 (1) - and Art. 6 (3) (c) – unfair criminal proceedings due to lack of legal representation – no legal-aid counsel appointed to represent the applicant on appeal;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law – in respect of restrictions on family visits in pre-trial detention facilities

9,500

46573/17

01/05/2017

and

5153/18

05/12/2017

and

34695/18

10/07/2018

Aleksandr Ivanovich ARZAMASOV

1990Druzhkova

Olga Vladimirovna

Moscow

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (3) – excessive length of pre-trial detention – continued detention on remand after 12/10/2017 without valid reasons;

Art. 5 (4) – excessive length of judicial review of detention – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeals against the detention orders of 09/10/2017 and 15/11/2017, and against the detention orders of 16/05/2017 (upheld on appeal on 14/07/2017) and 08/08/2017 (upheld on appeal on 12/09/2017);

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law – in respect of restrictions on family visits in pre-trial detention facilities

9,500

76086/17

25/09/2017

and

27752/18

30/05/2018

and

34962/18

03/07/2018

and

41548/18

18/08/2018

Aleksey Yevgenyevich MISHIN

1991Preobrazhenskaya Oksana Vladimirovna

Strasbourg

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 5 (4) – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeals against the detention orders of 21/02/2017 (upheld on appeal on 23/05/2017), 16/05/2017 (upheld on appeal on 04/07/2017), and 08/08/2017 (upheld on appeal on 08/09/2017);

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law in respect of restrictions on family visits in pre-trial detention facilities

9,500

76213/17

25/09/2017

and

23047/18

10/04/2018

and

24927/18

06/12/2017

and

34440/18

07/07/2018

Irek

Ilshatovich SADRIYEV

1994Maralyan

Anna

Strasbourg

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfers by a prison van in the period between 20/03/2018 and 03/10/2018;

Art. 5 (4) – the Supreme Court of the Republic of Tatarstan failed to examine speedily the applicant’s appeal against the detention order of 01/11/2017 (upheld on appeal on 15/12/2017);

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with legal-aid counsel;

Art. 8 (1) – restrictions on family visits in pre-trial detention facilities;

Art. 13 – lack of any effective remedy in domestic law – in respect of conditions of detention during transport and restrictions on family visits in pre-trial detention facilities

9,500

3576/19

26/12/2018

Ismagil Rasikhovich VALEYEV

1994Bokareva Valentina Aleksandrovna

Moscow

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – holding the applicant in a glass dock throughout the trial and in a metal cage during the appeal hearing;

Art. 3 – inadequate conditions of detention during transport – transfer between a remand prison and the Supreme Court of Tatarstan during the trial and preparation of the appeal;

Art. 6 (1) and Art. 6 (3) (b) – unfair trial due to lack of adequate time and facilities for preparation of the defence – restrictions on conferring with a legal-aid counsel

9,500

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