Lexploria

THIRD SECTION

CASE OF VINOKUROV AND OTHERS v. RUSSIA

(Applications nos. 72535/17 and 43 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 Vinokurov 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 on ‑ going detention in post-conviction facilities.

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 on ‑ going detention in correctional colonies. 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, 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. 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, 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.

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 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 Article 3 of the Convention

(inadequate conditions of detention after conviction)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

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]

72535/17

28/09/2017

Andrey Yuryevich VINOKUROV

1973IK-11 Nizhniy Novgorod Region

29/10/2012

pending

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

1.5 m²

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

12,500

73156/17

08/11/2017

Mikhail Vasilyevich GREKOV

1968IK-11 Nizhniy Novgorod Region

04/03/2012

pending

More than 10 year(s) and 5 month(s) and 1 day(s)

180 inmate(s)

1.5 m²

6 toilet(s)

no or restricted access to running water, poor quality of food, lack of or insufficient physical exercise in fresh air

12,500

78879/17

03/11/2017

Aleksey Vladimirovich PEREVOZKIN

1982IK-11 of Nizhniy Novgorod Region

20/12/2012

Pending

More than 9 year(s) and 7 month(s) and 16 day(s)

44 inmate(s)

1.8 m²

infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, poor quality of food

12,500

83330/17

25/11/2017

Aleksandr Borisovich TESALOVSKIY

1958IK-11 Nizhniy Novgorod Region

14/04/2013

pending

More than 9 year(s) and 3 month(s) and 22 day(s)

115 inmate(s)

1.3-2 m²

5 toilet(s)

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

12,500

1142/18

12/12/2017

Sergey Konstantinovich NIKITIN

1984IK-11 Nizhniy Novgorod Region

20/02/2017

pending

More than 5 year(s) and 5 month(s) and 16 day(s)

1.2 m²

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

12,500

1238/18

11/12/2017

Aleksey Aleksandrovich GLADKIKH

1974IK-11 Nizhniy Novgorod Region

01/10/2012

pending

More than 9 year(s) and 10 month(s) and 4 day(s)

1.5 m²

lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food, overcrowding

12,500

1866/18

13/12/2017

Aleksey Nikolayevich FEDOSEYEV

1968IK-11 Nizhniy Novgorod Region

01/09/2014

pending

More than 7 year(s) and 11 month(s) and 4 day(s)

1.2 m²

overcrowding, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of toiletries, accommodation in the room for leisure activity

12,500

7110/18

23/01/2018

Sergey Aleksandrovich CHEPURNOV

1976IK-11 the Nizhniy Novgorod Region

30/11/2015

pending

More than 6 year(s) and 8 month(s) and 6 day(s)

56 inmate(s)

1.6 m²

7 toilet(s)

overcrowding, lack of or inadequate hygienic facilities

12,500

7562/18

26/01/2018

Artur Dzhetulovich TAMBIYEV

1979IK-5 Mordovia Republic

20/01/2017

pending

More than 5 year(s) and 6 month(s) and 16 day(s)

34 inmate(s)

1.1 m²

sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, lack of fresh air, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water, no or restricted access to shower, lack of requisite medical assistance

12,500

9573/18

05/02/2018

Sergey Mikhaylovich TROFIMOV

1994IK-11 Nizhniy Novgorod Region

29/06/2015

pending

More than 7 year(s) and 1 month(s) and 7 day(s)

120 inmate(s)

1.5 m²

7 toilet(s)

poor quality of food, overcrowding

12,500

9647/18

08/04/2018

Nikolay Aleksandrovich AGEYKIN

1956IK-11 Nizhniy Novgorod Region

27/10/2014

pending

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

120 inmate(s)

1.5 m²

overcrowding, passive smoking, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light

12,500

10071/18

13/02/2018

Andrey Valentinovich SHALYUGIN

1971IK-11 Nizhniy Novgorod Region

17/06/2013

pending

More than 9 year(s) and 1 month(s) and 19 day(s)

61 inmate(s)

1.5 m²

8 toilet(s)

overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking

12,500

13025/18

27/02/2018

Vitaliy Aleksandrovich KORCHAGIN

1986IK-11 Nizhniy Novgorod Region

01/02/2016

pending

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

160 inmate(s)

less than 1.6 m²

8 toilet(s)

overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, passive smoking, inadequate state of the exercise yards

12,500

13271/18

14/02/2018

Oleg Aleksandrovich MAKAROV

1970IK-11 Nizhniy Novgorod Region

01/09/2015

pending

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

135 inmate(s)

1.2 m²

6 toilet(s)

overcrowding, no or restricted access to toilet, inadequate temperature, lack of requisite medical assistance

12,500

14101/18

02/03/2018

Sergey Sergeyevich ALFEROV

1986IK-11 Nizhniy Novgorod Region

20/06/2016

pending

More than 6 year(s) and 1 month(s) and 16 day(s)

1.2 m²

lack of or poor quality of bedding and bed linen, no or restricted access to warm water, poor quality of food, lack of seasonal clothes, overcrowding

12,500

17495/18

26/03/2018

Dmirtiy Vladimirovich KOVALEV

1974IK-11 Nizhniy Novgorod Region

25/05/2015

pending

More than 7 year(s) and 2 month(s) and 11 day(s)

1.6 m²

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

12,500

18454/18

26/03/2018

Kazbek Elbrusovich KUBALOV

1975IK-11 Nizhniy Novgorod Region

17/01/2017

pending

More than 5 year(s) and 6 month(s) and 19 day(s)

100 inmate(s)

1.4 m²

lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, overcrowding, lack or inadequate furniture

12,500

18774/18

19/03/2018

Andrey Aleksandrovich ALEKSEYEV

1991IK-11 Nizhniy Novgorod Region

22/12/2014

pending

More than 7 year(s) and 7 month(s) and 14 day(s)

122 inmate(s)

1.5 m²

8 toilet(s)

overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air

12,500

18832/18

02/04/2018

Sergey Nikolayevich SMIRNOV

1974IK-11 Nizhniy Novgorod Region

30/11/2017

pending

More than 4 year(s) and 8 month(s) and 6 day(s)

120 inmate(s)

1.2 m²

6 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack of fresh air, lack of requisite medical assistance, infestation of cell with insects/rodents

12,500

18892/18

01/04/2018

Soslan Viktorovich ABISALOV

1983IK-11 Nizhniy Novgorod Region

31/08/2014

pending

More than 7 year(s) and 11 month(s) and 5 day(s)

1.5 m²

6 toilet(s)

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

12,500

21645/18

09/04/2018

Andrey Alekseyevich SHEVTSOV

1994IK-11 Nizhniy Novgorod Region

04/08/2017

pending

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

1.2 m²

lack of fresh air, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities

12,500

21956/18

23/04/2018

Yuriy Yuryevich SEMENOV

1982IK-11 Nizhniy Novgorod Region

05/05/2011

pending

More than 11 year(s) and 3 month(s)

122 inmate(s)

1.5-2 m²

6 toilet(s)

lack of fresh air, poor quality of food, inadequate clothing

12,500

22453/18

22/04/2018

Vasiliy Viktorovich TSYGANKOV

1985IK-11 Nizhniy Novgorod Region

14/06/2017

pending

More than 5 year(s) and 1 month(s) and 22 day(s)

130 inmate(s)

1.6 m²

6 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to toilet, poor quality of food, no or restricted access to shower, lack of fresh air

12,500

23386/18

27/04/2018

Valeriy Vasilyevich ZNATKOV

1976IK-5 Mordovia Republic

14/03/2017

pending

More than 5 year(s) and 4 month(s) and 22 day(s)

1-1.2 m²

lack of fresh air, lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to shower, sharing cells with inmates infected with contagious disease, overcrowding, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, poor quality of food

12,500

23513/18

27/04/2018

Iriston Khadzibatyrovich GABISOV

1969IK-5 Mordovia Republic

18/10/2011

pending

More than 10 year(s) and 9 month(s) and 18 day(s)

1-1.2 m²

infestation of cell with insects/rodents, 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, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food, sharing cells with inmates infected with contagious disease

12,500

24881/18

23/04/2018

Igor Vladimirovich PROKOPENKO

1985IK-11 Nizhniy Novgorod Region

20/05/2015

pending

More than 7 year(s) and 2 month(s) and 16 day(s)

130 inmate(s)

1.8 m²

3 toilet(s)

overcrowding, mouldy or dirty cell, lack of fresh air, lack of or insufficient physical exercise in fresh air, passive smoking

12,500

24910/18

03/05/2018

Aleksey Nikolayevich GLAZEPA

1985IK-11 Nizhniy Novgorod Region

24/04/2017

pending

More than 5 year(s) and 3 month(s) and 12 day(s)

1.6 m²

lack of fresh air, lack of or inadequate hygienic facilities, no clothing allowance, poor quality of food

12,500

24923/18

07/05/2018

Daniil Sergeyevich KORNILOV

1987IK-11 Nizhniy Novgorod Region

06/10/2014

pending

More than 7 year(s) and 9 month(s) and 30 day(s)

1.6 m²

lack of or inadequate hygienic facilities, poor quality of food, no clothing allowance, lack of fresh air

12,500

26986/18

21/05/2018

Sergey Alekseyevich CHERNOV

1977IK-11 Nizhniy Novgorod Region

27/03/2017

pending

More than 5 year(s) and 4 month(s) and 9 day(s)

130 inmate(s)

1.7 m²

8 toilet(s)

overcrowding, insufficient number of toilets and wash basins, poor quality of food, failure to provide requisite clothing allowance, lack of fresh air

12,500

27172/18

23/05/2018

Kirill Romanovich ZHUKOV

1992IK-11 Nizhniy Novgorod Region

25/05/2015

pending

More than 7 year(s) and 2 month(s) and 11 day(s)

1.5 m²

no or restricted access to running water, no or restricted access to toilet, poor quality of food, overcrowding in the kitchen, lack of or poor quality of bedding and bed linen, no or restricted access to shower, lack of requisite medical assistance, constant electric light, inadequate temperature, mouldy or dirty cell

12,500

29335/18

05/06/2018

Yuriy Viktorovich GRISHANOV

1986IK-11 Nizhniy Novgorod Region

15/04/2013

pending

More than 9 year(s) and 3 month(s) and 21 day(s)

1.6 m²

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

12,500

29503/18

14/06/2018

Vladimir Ivanovich MORDAKIN

1982IK-11 Nizhniy Novgorod Region

28/08/2015

pending

More than 6 year(s) and 11 month(s) and 8 day(s)

1.3 m²

overcrowding, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of requisite medical assistance, lack of privacy for toilet, poor quality of food, no or restricted access to shower, scarce space for walking in open air

12,500

29723/18

07/06/2018

Maksim Vladimirovich KARGAPOLTSEV

1980IK-11 Nizhniy Novgorod Region

19/10/2015

pending

More than 6 year(s) and 9 month(s) and 17 day(s)

140 inmate(s)

1.5 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

12,500

31734/18

19/06/2018

Oleg Vasilyevich YEGOROV

1969IK-11 Nizhniy Novgorod Region

21/02/2011

pending

More than 11 year(s) and 5 month(s) and 15 day(s)

1.4-1.7 m²

infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, overcrowding, lack or insufficient quantity of food

12,500

32312/18

25/06/2018

Denis Vladimirovich BOGATYREV

1986IK-11 Nizhniy Novgorod Region

02/05/2017

pending

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

120 inmate(s)

1.6 m²

6 toilet(s)

overcrowding, poor quality of food, no or restricted access to shower

12,500

32325/18

27/06/2018

Maksim Antonovich POGORELOV

1985IK-11 Nizhniy Novgorod Region

01/06/2012

pending

More than 10 year(s) and 2 month(s) and 4 day(s)

1.2 m²

lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities

12,500

33128/18

06/07/2018

Sergey Nikolayevich DOVNAROVICH

1992IK-11 Nizhniy Novgorod Region

09/09/2013

pending

More than 8 year(s) and 10 month(s) and 27 day(s)

40 inmate(s)

1.5 m²

overcrowding, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of toiletries

12,500

33177/18

25/06/2018

Aleksandr Valeryevich STEPANOV

1974IK-11 Nizhniy Novgorod Region

16/10/2017

pending

More than 4 year(s) and 9 month(s) and 20 day(s)

1.8 m²

overcrowding, lack of or inadequate hygienic facilities, constant electric light, poor quality of food, mouldy or dirty cell

12,500

35298/18

03/07/2018

Nikolay Nikolayevich YASINSKIY

1984IK-11 Nizhniy Novgorod Region

15/04/2013

pending

More than 9 year(s) and 3 month(s) and 21 day(s)

120 inmate(s)

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

12,500

36193/18

16/07/2018

Aleksey Aleksandrovich ZAKAMALDIN

1988IK-11 Nizhniy Novgorod Region

13/03/2017

pending

More than 5 year(s) and 4 month(s) and 23 day(s)

1.5 m²

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

12,500

59416/18

21/02/2019

Aleksandr Eduardovich YEROFEYEV

1961IK-2 Zabaykalskiy Region

03/02/2018

pending

More than 4 year(s) and 6 month(s) and 2 day(s)

130 inmate(s)

1.7 m²

8 toilet(s)

overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to warm water, lack of privacy for toilet, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of requisite medical assistance, lack of or restricted access to leisure or educational activities

12,500

662/19

07/03/2019

Konstantin Vladimirovich POTERTYUKHIN

1970IK-2 Zabaykalskiy Region

30/11/2017

pending

More than 4 year(s) and 8 month(s) and 6 day(s)

130 inmate(s)

1.7 m²

8 toilet(s)

overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of requisite medical assistance

12,500

666/19

22/02/2019

Sergey Nikolayevich SHASHKOV

1964IK-2 Zabaykalskiy Region

22/03/2015

pending

More than 7 year(s) and 4 month(s) and 14 day(s)

140 inmate(s)

1-2 m²

8 toilet(s)

lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, no or restricted access to shower, inadequate temperature

12,500

27481/19

16/05/2019

Vladimir Vladimirovich YAKUSHEV

1979IK-1 Komi Republic

08/02/2017

pending

More than 5 year(s) and 5 month(s) and 28 day(s)

1.9 m²

lack of fresh air, passive smoking, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease, no or restricted access to potable water, mouldy or dirty cell, lack of or inadequate hygienic facilities

12,500

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

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AFFAIRE VINOKUROV ET AUTRES c. RUSSIE

AFFAIRE VINOKUROV ET AUTRES c. RUSSIE

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