THIRD SECTION

CASE OF GARKOVENKO AND OTHERS v. RUSSIA

(Applications nos. 33826/17 and 8 others –

see appended list)

JUDGMENT

STRASBOURG

15 September 2022

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

In the case of Garkovenko and Others v. Russia,

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

Darian Pavli , President,

Andreas Zünd ,

Mikhail Lobov , judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 August 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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. 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 permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. They relied, expressly or in substance, on Article 8 of the Convention, which reads as follows:

“1. Everyone has the right to respect for his private ... life ...

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

7. The Court has already established, in an earlier case against Russia, that the national legal framework governing the placement of detainees under permanent video surveillance in penal institutions falls short of the standards set out in Article 8 of the Convention (see Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). In Gorlov and Others , the Court summed up the general principles concerning the detainees’ right to respect for private life reiterating that placing a person under permanent video surveillance whilst in detention was to be regarded as a serious interference with the individual’s right to respect for his or her privacy (ibid., §§ 81-82). It has further concluded that the national law (1) cannot be regarded as being sufficiently clear, precise or detailed to have afforded appropriate protection against arbitrary interference by the authorities with the detainees’ right to respect of their private life (ibid., §§ 97-98) and (2) does not presuppose any balancing exercise or enable an individual to obtain a judicial review of the proportionality of his or her placement under permanent video surveillance to the vested interests in securing his or her privacy (ibid., § 108).

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. It considers, regard being had to the case-law cited above, that in the instant case the placement of the applicants under permanent video surveillance when confined to their cells in pre-trial and post-conviction detention facilities was not “in accordance with law”.

9. These complaints are therefore admissible and disclose a breach of Articles 8 of the Convention.

10. Some applicants submitted complaints under Article 13 of the Convention about the absence of an effective domestic remedy to complain about permanent video surveillance in detention facilities (see the 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 a violation of Article 13 of the Convention in the light of its well-established case-law (see Gorlov and Others , cited above, §§ 106-10).

11. In applications nos. 33826/17, 23615/18 and 39901/18 the applicants also raised other complaints under various Articles of the Convention.

12. The Court has examined the applications 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 the applications must be rejected in accordance with Article 35 § 4 of the Convention.

13. 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.”

14. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Gorlov and Others , cited above, with further references, § 120, which imposed on the respondent State a legal obligation, under Article 46 of the Convention, to implement, under the supervision of the Committee of Ministers, such measures as they consider appropriate to secure the right of the applicants and other persons in their position to respect of their private life), the Court considers that the finding of a violation constitutes a sufficient just satisfaction in the present case.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Done in English, and notified in writing on 15 September 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 8 § 1 of the Convention

(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Detention facility

Period of detention

Specific circumstances

Other complaints under

well-established case-law

33826/17

18/04/2017

Roman Aleksandrovich GARKOVENKO

1987Gavrilitsa Irina Aleksandrovna

Krasnoyarsk

IK-17 Krasnoyarsk Region

06/10/2011 – 12/12/2017

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in respect of permanent video surveillance in detention facilities

2049/18

03/12/2017

Maksim Vladimirovich SINITSA

1983Tolmacheva Mariya Valeryevna

Saransk

SIZO-1 Krasnoyarsk Region

01/05/2014 – 26/06/2017

opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room

23615/18

12/04/2018

Anonymat

Artem Melikovich CHAKRYAN

1979Yefremova Yekaterina Viktorovna

Moscow

SIZO -38/1 Irkutsk

19 – 22 January 2018

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities

39901/18

21/08/2018

Pavel Vladimirovich GLAZUNOV

1974IK-1 Komi Republic (disciplinary ward)

21/01/2020 – 26/01/2020

31/01/2020 – 20/02/2020

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

47009/20

17/03/2021

Ilya Vitalyevich GORYACHEV

1982IK-18 Yamalo Nenetskiy Autonomous Region

19/01/2017 – pending

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law - in respect of permanent video surveillance in detention facilities.

3349/21

16/12/2020

Zarifzhon Nurulloyevich MIRZONAZAROV

1981Kudryavtsev Aleksey Gennadyevich

Kolpino

Detention centre pending deportation. Orenburg Region

06/04/2020 – 14/07/2020

opposite-sex operators

9896/21

15/01/2021

Tamerlan Akhmedovich DZHAMULAYEV

1982IK-25 Komi Republic

10/02/2020 – pending

video surveillance in a lavatory and/or shower room, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

11127/21

03/02/2021

Oleg Aleksandrovich DOROSHEV

1981IK-31 Komi Republic

09/04/2019 – 13/12/2019,

07/03/2020 – 11/11/2020

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -

16385/21

01/03/2021

Andrey Aleksandrovich TATARNIKOV

1976Remand prison SIZO-1 in Moscow, IK-8 Yaroslavl Region, UKP-3 Kaluga Region

09/01/2016 – 29/04/2021

opposite-sex operators, detention in different cells with video surveillance

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities -