AFFAIRE BROVIN ET AUTRES c. RUSSIE
Doc ref: 42504/17, 53225/17, 74740/17, 78223/17, 82108/17, 3751/18, 4421/18, 4827/18, 4837/18, 9393/18, 9663/... • ECHR ID: 001-219674
Document date: October 13, 2022
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THIRD SECTION
CASE OF BROVIN AND OTHERS v. RUSSIA
(Applications nos. 42504/17 and 41 others –
see appended list)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Brovin 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 15 September 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. They also referred to Article 13 of the Convention alleging the lack of an effective remedy in respect of their complaint under Article 3.
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 read as follows:
“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.
11. The applicants submitted complaints under Article 13 of the Convention, given the relevant well-established case-law of the Court. 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 Sergey Babushkin , cited above, §§ 38-45.
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 13 October 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 Articles 3 and 13 of the Convention
(inadequate conditions of detention after conviction and the lack of an effective remedy in that respect)
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]
42504/17
29/11/2017
Vitaliy Aleksandrovich BROVIN
1969IK-19 Sverdlovsk Region
30/06/2005
pending
More than 17 year(s) and 1 month(s) and 7 day(s)
0.6 m²
overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, no or restricted access to shower, poor quality of potable water, poor quality of food, lack or insufficient quantity of food
12,500
53225/17
30/06/2017
Maksim Konstantinovich CHERDANTSEV
1987IK-5 Mordoviya
25/07/2015
pending
More than 7 year(s) and 12 day(s)
1.5 m²
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of requisite medical assistance, lack or insufficient quantity of food, mouldy or dirty cell, sharing cells with inmates infected with contagious disease, no or restricted access to warm water, no or restricted access to toilet, poor quality of food
12,500
74740/17
25/09/2017
Andrey Viktorovich CHERNYSHEV
1972IK-5 Mordoviya
14/01/2003
pending
More than 19 year(s) and 6 month(s) and 23 day(s)
1 m²
infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or insufficient quantity of food, 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
12,500
78223/17
27/10/2017
Valeriy Aleksandrovich SEROLAPKIN
1972IK-5 Mordoviya
11/07/2014
pending
More than 8 year(s) and 26 day(s)
1.3 m²
constant electric light, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of requisite medical assistance, lack of toiletries, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, sharing cells with inmates infected with contagious disease, poor quality of food
12,500
82108/17
09/11/2017
Vladimir Nikolayevich SERYAKOV
1975IK-5 Mordovia
19/08/2016
pending
More than 5 year(s) and 11 month(s) and 18 day(s)
40 inmate(s)
1.2 m²
lack of or insufficient natural light, overcrowding, infestation of cell with insects/rodents, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to shower, poor quality of food, sharing cells with inmates infected with contagious disease, lack of requisite medical assistance
12,500
3751/18
12/12/2017
Aleksey Vladimirovich KORMIN
1976IK-2 Zabaykalskiy Region
01/08/2016
pending
More than 6 year(s) and 5 day(s)
130 inmate(s)
1.5 m²
overcrowding, lack of or restricted access to leisure or educational activities, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, lack of requisite medical assistance
12,500
4421/18
19/12/2017
Aleksandr Anatolyevich MARKOV
1975IK-2 Zabaykalskiy Region
22/06/2015
pending
More than 7 year(s) and 1 month(s) and 15 day(s)
1.6 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of requisite medical assistance, lack or insufficient quantity of food, no or restricted access to shower, overcrowding, poor quality of food, no or restricted access to warm water
12,500
4827/18
05/12/2017
Aleksandry Yevgenyevich ARISTOV
1988IK-14 Nizhny Novgorod Region
01/05/2017
pending
More than 5 year(s) and 3 month(s) and 5 day(s)
90 inmate(s)
1.6 m²
overcrowding, hindered narrow passage to the sleeping place, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food
12,500
4837/18
12/12/2017
Sergey Olegovich BOCHKAREV
1989IK-11 Nizhny Novgorod
01/07/2015
pending
More than 7 year(s) and 1 month(s) and 5 day(s)
120 inmate(s)
1.5 m²
overcrowding, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food
12,500
9393/18
04/02/2018
Igor Aleksandrovich OSHMAROV
1965IK-11 Nizhniy Novgorod Region
14/09/2007
pending
More than 14 year(s) and 10 month(s) and 23 day(s)
120 inmate(s)
1.6 m²
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance
12,500
9663/18
05/02/2018
Valeriy Fedorovich ZHIRNOV
1968IK-11 Nizhniy Novgorod Region
01/06/2017
pending
More than 5 year(s) and 2 month(s) and 5 day(s)
120 inmate(s)
1.6 m²
overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food
12,500
10078/18
09/02/2018
Denis Nikolayevich RASSIKHIN
1980IK-11 Nizhniy Novgorod Region
01/12/2017
pending
More than 4 year(s) and 8 month(s) and 5 day(s)
46 inmate(s)
1.6 m²
overcrowding, poor quality of food, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell
12,500
11289/18
31/01/2018
Igor Alekseyevich POLISHCHUK
1993IK-1 Arkhangelsk Region
15/04/2015
pending
More than 7 year(s) and 3 month(s) and 22 day(s)
85 inmate(s)
1,7 m²
4 toilet(s)
sharing cells with inmates infected with contagious disease, poor quality of potable water
12,500
12938/18
08/02/2018
Vladimir Nikolayevich ANISIMOV
1968IK-2 Zabaykalskiy Region
09/02/2017
pending
More than 5 year(s) and 5 month(s) and 28 day(s)
74 inmate(s)
1.8 m²
lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no ventilation, overcrowding in the kitchen, no or restricted access to running water, poor quality of food
12,500
14109/18
12/03/2018
Aleksey Aleksandrovich KONYAGIN
1986Kulakov Yevgeniy Valeryevich
Arkhangelsk
IK-1 Arkhangelsk Region
01/12/2016
pending
More than 5 year(s) and 8 month(s) and 5 day(s)
90 inmate(s)
1.6 m²
4 toilet(s)
overcrowding, no or restricted access to warm water, no or restricted access to running water, inadequate temperature
12,500
16665/18
20/03/2018
Nikolay Nasreddinovich SAMEDOV
1983IK-11 Nizhniy Novgorod Region
17/07/2017
pending
More than 5 year(s) and 20 day(s)
38 inmate(s)
1.6 m²
lack of ventilation, dilapidation of building, mouldy or dirty cell, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, no or insufficient disinfection of barbering and haircutting tools, lack of or restricted access to leisure or educational activities, infestation of cell with insects/rodents, overcrowding of courtyard, poor quality of food
12,500
21230/18
21/04/2018
Dmitriy Yuryevich BARTENEV
1967IK-1 Arkhangelsk Region
13/01/2012
pending
More than 10 year(s) and 6 month(s) and 24 day(s)
1.6 m²
poor quality of food, poor quality of potable water, no or restricted access to warm water
12,500
22689/18
03/05/2018
Artem Eduardovich KRASNOV
1989Viktoriya Pavlovna Prokofyeva
St Petersburg
IK-6 Chuvashia Republic
11/11/2016
pending
More than 5 year(s) and 8 month(s) and 26 day(s)
1.5 m²
4 toilet(s)
lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, overcrowding, no or restricted access to toilet, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of requisite medical assistance
12,500
23163/18
30/04/2018
Dmitriy Petrovich NABOKO
1988IK-11 Nizhniy Novgorod Region
01/05/2017
pending
More than 5 year(s) and 3 month(s) and 5 day(s)
1.5 m²
lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, poor quality of food
12,500
25014/18
15/05/2018
Vasiliy Fedorovich KARPOV
1955IK-11 Nizhniy Novgorod Region
01/01/2013
pending
More than 9 year(s) and 7 month(s) and 5 day(s)
1.6 m²
overcrowding, lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
12,500
27431/18
21/05/2018
Radik Failyevich ALIMBEKOV
1979IK-11 Nizhniy Novgorod Region
03/04/2017
pending
More than 5 year(s) and 4 month(s) and 3 day(s)
1.7 m²
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, poor quality of food
12,500
30835/18
15/06/2018
Aleksandr Mikhaylovich SIDOROV
1970IK-11 Nizhniy Novgorod Region
27/12/2014
pending
More than 7 year(s) and 7 month(s) and 10 day(s)
120 inmate(s)
1.4 m²
6 toilet(s)
lack of fresh air, sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, no or restricted access to shower
12,500
30895/18
01/06/2018
Mikhail Alekseyevich YERMOLIN
1987IK-1 Arkhangelsk Region
09/07/2016
pending
More than 6 year(s) and 28 day(s)
1.6 m²
mouldy or dirty cell, overcrowding, poor quality of potable water
12,500
31219/18
13/06/2018
Rashid Yarmurzayevich MAUTALIYEV
1969Yevgeniy Valeryevich Kulakov
Arkhangelsk
IK-11 Nizhniy Novgorod Region
01/03/2008
pending
More than 14 year(s) and 5 month(s) and 5 day(s)
70 inmate(s)
1.3 m²
5 toilet(s)
overcrowding, poor quality of potable water, no or restricted access to running water, no or restricted access to toilet, inadequate temperature, poor quality of food, sharing cells with inmates infected with contagious disease, constant electric light, lack of or insufficient electric light, lack of requisite medical assistance, lack of or inadequate hygienic facilities, no or restricted access to shower
12,500
31448/18
04/06/2018
Nikolay Vladimirovich LEMESHEV
1978IK-11 Nizhniy Novgorod Region
01/10/2017
pending
More than 4 year(s) and 10 month(s) and 5 day(s)
110 inmate(s)
1.75 m²
overcrowding, lack of requisite medical assistance, poor quality of food
12,500
31926/18
18/06/2018
Andrey Ivanovich KOTELNIKOV
1960IK-2 Zabaykalskiy Region
08/04/2015
pending
More than 7 year(s) and 3 month(s) and 29 day(s)
80 inmate(s)
1.3-1.8 m²
8 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, insufficient number of toilets, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, unpleasant odour from the nearby pig farm, inadequate temperature, mouldy or dirty cell, no or restricted access to warm water, lack or inadequate furniture, inadequate clothing allowance, infestation of cell with insects/rodents, no or restricted access to shower, inadequate food for the teethless applicant
12,500
32233/18
25/06/2018
Ivan Yuryevich BUD
1977IK-2 Zabaykalskiy Region
26/01/2016
pending
More than 6 year(s) and 6 month(s) and 11 day(s)
118 inmate(s)
less than 1.8 m²
7 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, insufficient number of toilets and wash basins, unpleasant odour from the nearby pig farm, infestation of cell with insects/rodents, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to warm water, no or restricted access to shower, poor quality of food
12,500
33268/18
29/06/2018
Denis Vasilyevich KHILCHUK
1979IK-5 Krasnoyarsk Region
13/03/2011
pending
More than 11 year(s) and 4 month(s) and 24 day(s)
110 inmate(s)
1.3 m²
5 toilet(s)
no or restricted access to toilet, no or restricted access to running water, poor quality of food
12,500
37492/18
24/07/2018
Yusup Magamedkarimovich DZHAPAROV
1985IK-49 Komi Republic
27/06/2016
pending
More than 6 year(s) and 1 month(s) and 10 day(s)
1.4 m²
no or restricted access to toilet, poor quality of potable water, infestation of cell with insects/rodents, insufficient number of sleeping places, poor quality of food, mouldy or dirty cell
12,500
38152/18
20/07/2018
Yegor Viktorovich BUSHMANOV
1981Olga Sergeyevna Bayanova
Severouralsk
IK-3 Sverdlovsk Region
15/08/2006
pending
More than 15 year(s) and 11 month(s) and 22 day(s)
140 inmate(s)
0.6 m²
4 toilet(s)
infestation of cell with insects/rodents, lack of ventilation, poor quality of food, mouldy or dirty cell, lack of privacy for toilet
12,500
43730/18
30/08/2018
Aleksey Vasilyevich KARAGODIN
1973IK-2 Zabaykalskiy Region
01/09/2016
pending
More than 5 year(s) and 11 month(s) and 5 day(s)
135 inmate(s)
1.5 m²
8 toilet(s)
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water, lack of or insufficient natural light, mouldy or dirty cell, no or restricted access to shower, lack of or insufficient physical exercise in fresh air
12,500
48785/18
27/09/2018
Fedor Sergeyevich YEGOROV
1977IK-2 Zabaykalskiy Region
24/07/2017
pending
More than 5 year(s) and 13 day(s)
1.6 m²
lack of or inadequate hygienic facilities, inadequate temperature, constant electric light, no or restricted access to shower, no or restricted access to toilet, overcrowding, no or restricted access to warm water, lack of requisite medical assistance
12,500
54317/18
06/11/2018
Dmitriy Nikolayevich GRIGORCHENKO
1965IK-2 Zabaykalskiy Region
08/05/2014
pending
More than 8 year(s) and 2 month(s) and 29 day(s)
1 m²
lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to toilet, overcrowding
12,500
55030/18
12/11/2018
Yakov Sergeyevich GOLOVIN
1992Kozhevnikova Yelena Zafirovna
Nizhniy Tagil
IK-54 Sverdlovsk Region
31/12/2014
pending
More than 7 year(s) and 7 month(s) and 6 day(s)
150 inmate(s)
1.9 m²
5 toilet(s)
overcrowding, no or restricted access to toilet, poor quality of food, scarce surface of walking ward, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell, sharing cells with inmates infected with contagious disease, lack of requisite medical assistance, no or restricted access to running water
12,500
55365/18
21/12/2018
Aleksey Nikolayevich GAGARKIN
1987IK-2 Zabaykalskiy Region
28/02/2016
pending
More than 6 year(s) and 5 month(s) and 9 day(s)
1.5 m²
lack of or inadequate hygienic facilities, lack of or insufficient electric light
12,500
55973/18
15/05/2019
Yevgeniy Viktorovich MIGOV
1983IK-2 Zabaykalskiy Region
04/06/2018
pending
More than 4 year(s) and 2 month(s) and 2 day(s)
85 inmate(s)
1.8 m²
6 toilet(s)
no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light
12,500
56249/18
01/11/2018
Sergey Vladimirovich FLAT
1993Aleksandr Leonidovich Uvarov
Nizhniy Tagil
IK-54 Sverdlovsk Region
20/10/2014
pending
More than 7 year(s) and 9 month(s) and 17 day(s)
100 inmate(s)
1.9 m²
5 toilet(s)
poor quality of food, overcrowding, sharing cells with inmates infected with contagious disease, lack of requisite medical assistance
12,500
2576/19
19/12/2018
Ivan Gennadyevich TARASOV
1985IK-2 Zabaykalskiy Region
12/01/2016
pending
More than 6 year(s) and 6 month(s) and 25 day(s)
110 inmate(s)
1.5 m²
lack of or inadequate hygienic facilities
12,500
3332/19
17/12/2018
Andrey Petrovich IVANOV
1983IK-2 Zabaykalskiy Region
10/07/2018
pending
More than 4 year(s) and 27 day(s)
130 inmate(s)
1.6 m²
7 toilet(s)
lack of fresh air, no or restricted access to warm water, lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, no or restricted access to shower
12,500
13126/19
05/02/2019
Vladimir Nikolayevich OSTRYAKOV
1984Nadezhda Andreyevna Revkova
Syktyvkar
IK-1 Komi Republic
17/02/2017
pending
More than 5 year(s) and 5 month(s) and 20 day(s)
44 inmate(s)
1,9 m²
4 toilet(s)
overcrowding, insufficient number of sleeping places, passive smoking, lack of or inadequate hygienic facilities
12,500
16628/19
07/03/2019
Anton Olegovich NAUMENKO
1982IK-1 Komi Republic
07/05/2018
pending
More than 4 year(s) and 2 month(s) and 30 day(s)
1.6 m²
lack of or restricted access to leisure or educational activities, lack or inadequate furniture, passive smoking, no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to potable water, no or insufficient disinfection of barbering and haircutting tools
12,500
27438/19
29/04/2019
Gennadiy Anatolyevich SAVINOV
1969IK-1 Komi Republic
19/08/2017
pending
More than 4 year(s) and 11 month(s) and 18 day(s)
48 inmate(s)
1.5 m²
8 toilet(s)
infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of requisite medical assistance
12,500
[1] Plus any tax that may be chargeable to the applicants.