AZIYEV AND OTHERS v. RUSSIA
Doc ref: 6557/20, 17336/20, 39933/20, 43520/20, 47992/20, 49027/20, 50779/20, 51266/20, 51832/20, 2110/21, 33... • ECHR ID: 001-218818
Document date: June 30, 2022
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THIRD SECTION
DECISION
Application no. 6557/20 Khamzat Badrudinovich AZIYEV against Russia and 13 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 30 June 2022 as a Committee composed of:
Darian Pavli, President, Andreas Zünd, Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
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.
FACTS
3. The list of applicants is set out in the appended table.
4. The applicants complained of their or their relative’s (a detainee) allocation or transfer to a remote penal facility irrespective of family life considerations. In some of the applications, complaints based on the same facts were also communicated under other 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 decision.
6. The applicants complained of their or their relative’s (a detainee) allocation or transfer to a remote penal facility irrespective of family life considerations. They relied on Articles 8 and 13 of the Convention, which read, in so far as relevant, as follows:
Article 8
“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.”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
7. The Court reiterates that in its recent decisions of Dadusenko and Others v. Russia ((dec.), no. 36027/19 and 3 others, 7 September 2021) and Tamamshev and Others v. Russia ((dec.) [Committee], nos. 57368/19 and 59831/19, §§ 22-23, 7 September 2021), it has accepted that the Russian Code of Execution of Criminal Sentences (the “CES”) as amended on 1 April 2020 (effective as of 29 September 2020) provided for an effective remedy for the complaints about the breaches of Article 8 of the Convention, as regards allocation or transfer of prisoners to a remote penal facility irrespective of family life considerations, and, having dismissed those complaints for the applicants’ failure to exhaust a new remedy, it has declared that it will apply that approach to all similar applications pending before the Court (see Dadusenko and Others , cited above, §§ 25 ‑ 34).
8. Having examined all the material before it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility of these complaints. It therefore considers that, in so far as the applicants have lodged prima facie well ‑ founded complaints, the amended CES affords them an opportunity to obtain adequate redress by lodging a transfer request with the Federal Service of Execution of Sentences and/or challenging the proportionality of the refusal of transfer in court. Accordingly, the applicants should exhaust this remedy before their complaints can be examined by the Court. It follows that these complaints under Article 8 of the Convention should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention.
9. The Court has found above that the applicants have an effective remedy at their disposal which they have been required to use for the purpose of Article 35 § 1 of the Convention . Accordingly, their complaints under Article 13 of the Convention must be rejected as being manifestly ill ‑ founded within the meaning of Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 28 July 2022.
Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Detention facility
Family member
Place of residence of the family member
Approximate distance between the facility and the place of residence of the family members
(in km)
Other complaints under well-established case-law
6557/20
16/01/2020
Khamzat Badrudinovich AZIYEV
1983IK-31 Komi Republic, IK-25 Komi Republic
The applicant is a detainee, his relative is his mother
Grozny
2,400
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
17336/20
11/03/2020
Aleksey Vladimirovich TKALENKO
1981IK-3 Irkutsk Region
The applicant is a detainee, his relative is his mother
Karasuk, Novosibirsk Region
>2,000
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
39933/20
09/10/2020
Temirbulat Zubairovich ZUBAIROV
1969IK-4 Magadan Region,
IK-3 Magadan Region, Tyurma Krasnoyarsk Region,
IK-17 Krasnoyarsk Region
The applicant is a detainee, his relatives are: wife, children, father
Makhachkala, Republic of Dagestan
9,000 (2007-2013);
5,000 (2013-no end date)
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
43520/20
15/01/2021
Ilya Valeryevich KAZNACHEYEV
1974IK-8 Komi Republic
The applicant is a detainee, his relative is his mother
Kola, Murmansk Region
2,600
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
47992/20
03/09/2020
Aleksey Sergeyevich KOZHIN
1981IK-37 Perm Region
The applicant is a detainee, his relative is a child
Sol-Iletsk, Orenburg Region
1,300
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
49027/20
15/09/2020
Oleg Gennadyevich YEGOROV
1986IK-8 Komi Republic
The applicant is a detainee, his relatives are wife, uncle
Novgorod
1,700
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
50779/20
23/10/2020
Vitaliy Antonovich PAVLYUK
1965IK-5 Krasnoyarsk Region
The applicant is a detainee, his relatives are: wife, child
Syktyvkar, Komi Republic
6,000
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
51266/20
20/10/2020
Vladimir Vladimirovich FAYBYSHEV
1986IK-8 Komi Republic
The applicant is a detainee, his relative is his mother
Lopush, Bryansk Region
~2,000
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
51832/20
28/10/2020
Tatyana Vasilyevna VALYAYEVA
1962IK-25 Chelyabinsk Region
The applicant is the mother of a detainee
Sergiyev Posad, Moscow Region
2,000
2110/21
15/12/2020
Household
Yevgeniy Eduardovich NIKOLAYEV
1989Anna Gennadyevna NIKOLAYEVA
1966IK-8 Komi Republic
The first applicant is a detainee, the second applicant is his mother; he also complains about inability to see his brother
St Petersburg
2,000
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
3385/21
10/12/2020
Vyacheslav Eduardovich PNEV
1967IK-13 Novosibirsk Region
The applicant is a detainee, his relatives are: wife, child
Chelyabinsk
1,500
5649/21
28/12/2020
Kubek Betersoltovna GERIMSULTANOVA
1951IK-25 Komi Republic
The applicant is the mother of a detainee
Ishkoy-Yurt village, Gudermessky District, Chechen Republic
3,500
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony
7874/21
11/01/2021
Sergey Adamovich MELYANETS
1963IK-37 Perm Region
The applicant is a detainee, his relatives are: mother, children
Saratov Region
1,500
8389/21
11/01/2021
Dmitriy Sergeyevich VEDERNIKOV
1983FKU T, Minusinsk
Krasnoyarsk Region
The applicant is a detainee, his relatives are: mother, child
Zabaykalskiy Region
2,500
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony