BORISOV AND OTHERS v. RUSSIA
Doc ref: 24808/18, 26105/18, 29196/18, 29207/18, 29507/18, 29704/18, 31324/18, 35297/18, 36564/18, 44435/18, ... • ECHR ID: 001-218815
Document date: May 5, 2022
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THIRD SECTION
DECISION
Application no. 24808/18 Sergey Nikolayevich BORISOV against Russia and 21 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 5 May 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 regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention and the complaints under Article 13 of the Convention concerning the lack of any effective remedy in domestic law in respect of inadequate conditions of detention, were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the present applications, the applicants complained of conditions of their post-conviction detention in violation of the national requirements during periods which had already come to an end (for further details see the appended table). They also argued that they did not have an effective domestic remedy to complain about those conditions at the national level.
The Government submitted their observations, having disputed the violations alleged. On 10 January 2020 the Government submitted additional information about the new Compensation Act and asked to treat it as a new remedy in respect of conditions of detention complaints under Articles 3 and 13 of the Convention.
The Court has recently held that applicants are required to make use of the newly introduced compensatory remedy in respect of improper conditions of past correctional detention in breach of domestic standards (see Shmelev and Others v. Russia (dec.), no. 41743/17, §§ 153-57, 17 March 2020). In the present case, the applicants complained about the conditions of their post-conviction detention which were, as indicated by the applicants, below the national standard of two square metres per person.
The Court considers that in so far as the applicants have lodged prima facie well-founded complaints about breach of their rights by improper conditions of their detention, as described in the appended table, the Compensation Act affords them an opportunity to obtain compensatory redress. There are no circumstances which could justify the applicants’ failure to have recourse to the new compensatory remedy. It follows that their complaints, as listed in the appended table, under Articles 3 and 13 should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention.
The applicants in applications nos. 29196/18, 58926/18 and 18692/19 raised additional complaints under various Convention provisions. The Court has examined these complaints 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 applications nos. 29196/18, 58926/18 and 18692/19 must be rejected in accordance with Article 35 § 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 3 and 13 of the Convention
(inadequate conditions of detention and lack of an effective remedy in that regard)
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
24808/18
29/04/2018
Sergey Nikolayevich BORISOV
1975IK-11 Nizhniy Novgorod Region
27/02/2012 to
29/06/2021
9 year(s) and 4 month(s) and 3 day(s)
1.6 m²
lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air
26105/18
18/05/2018
Ivan Zamilyevich ZAMIGULOV
1979IK-29 Kirov Region
12/03/2014 to
08/10/2019
5 year(s) and 6 month(s) and 27 day(s)
200 inmate(s)
0.8 m²
no sewage system in the detention facility, lack of fresh air, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, poor quality of food, no or restricted access to shower
29196/18
05/06/2018
Renat Mikhaylovich MEDOV
1985IK-11 Nizhniy Novgorod Region
01/03/2017 to
03/09/2021
4 year(s) and 6 month(s) and 3 day(s)
144 inmate(s)
1.5 m²
6 toilet(s)
lack of fresh air, poor quality of food, no or restricted access to shower, inadequate clothing
29207/18
22/08/2018
Andrey Sergeyevich TURKOV
1984IK-2 Zabaykalskiy Region
26/02/2018 to
26/11/2021
3 year(s) and 9 month(s) and 1 day(s)
125 inmate(s)
1.7 m²
lack of fresh air, overcrowding
29507/18
12/06/2018
Ivan Sergeyevich NAZARENKO
1973IK-11 Nizhniy Novgorod Region
14/02/2006 to
08/05/2021
15 year(s) and 2 month(s) and 25 day(s)
1.6 m²
overcrowding, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, no or restricted access to running water, infestation of cell with insects/rodents, lack of toiletries, lack or inadequate furniture, poor quality of food
29704/18
12/11/2018
Denis Grigoryevich SABUROV
1985IK-2 Zabaykalskiy Region
28/01/2017 to
03/08/2021
4 year(s) and 6 month(s) and 7 day(s)
1.5 m²
overcrowding, inadequate temperature, no or restricted access to shower, no or restricted access to warm water
31324/18
19/06/2018
Boris Maratovich TOTIKOV
1986IK-11 Nizhniy Novgorod Region
01/06/2015 to
24/04/2020
4 year(s) and 10 month(s) and 24 day(s)
1.5 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, overcrowding, poor quality of food
35297/18
10/07/2018
Aleksey Vasilyevich YELISEYEV
1985IK-11 Nizhniy Novgorod Region
24/07/2015 to
22/06/2021
5 year(s) and 10 month(s) and 30 day(s)
140 inmate(s)
1.5 m²
7 toilet(s)
passive smoking, lack of fresh air, sharing cells with inmates infected with contagious disease, poor quality of food, lack of or inadequate hygienic facilities, inadequate temperature, mouldy or dirty cell
36564/18
17/07/2018
Artem Viktorovich OZERIN
1989IK-11 Nizhniy Novgorod Region
20/04/2015 to
15/09/2020
5 year(s) and 4 month(s) and 27 day(s)
80 inmate(s)
1.7 m²
4 toilet(s)
sharing cells with inmates infected with contagious disease, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food
44435/18
03/11/2018
Aleksey Petrovich VORONTSOV
1974IK-2 Zabaykalskiy Region
03/09/2015 to
14/11/2020
5 year(s) and 2 month(s) and 12 day(s)
130 inmate(s)
1.7 m²
overcrowding
44738/18
29/08/2018
Roman Aleksandrovich NOVIK
1986IK-25 Komi Republic
21/07/2015 to
30/11/2019
4 year(s) and 4 month(s) and 10 day(s)
85 inmate(s)
about 2 m²
4 toilet(s)
overcrowding, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, sharing cells with inmates infected with contagious disease
46842/18
18/09/2018
Vasiliy Filippovich BANCHILA
1978IK-1 Komi Republic
20/07/2017 to
17/09/2018
1 year(s) and 1 month(s) and 29 day(s)
IK-1 Komi Republic
11/10/2018 to
04/11/2018
25 day(s)
1.7-1.9 m²
lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, twin beds, lack of privacy for toilet, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, poor quality of food, inadequate temperature, no or restricted access to shower
49844/18
24/12/2018
Roman Nikolayevich ARSENYEV
1982IK-8 Komi Republic
14/07/2016 to
18/10/2021
5 year(s) and 3 month(s) and 5 day(s)
140 inmate(s)
1.7 m²
the building where the applicant lives does not have any proper indoor toilet facility, lack of fresh air, no or restricted access to warm water, overcrowding, poor quality of food
58926/18
21/11/2018
Oleg Petrovich PAYKOV
1993IK-1 Komi Republic
13/09/2015 to
01/03/2021
5 year(s) and 5 month(s) and 17 day(s)
1.8 m²
overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, poor quality of food
59322/18
26/11/2018
Andrey Stanislavovich POSKREBYSHEV
1985IK-2 Zabaykalskiy Region
15/06/2018 to
20/07/2021
3 year(s) and 1 month(s) and 6 day(s)
1.7 m²
overcrowding, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light
7196/19
07/04/2019
Aleksandr Mikhaylovich KAZAKOV
1982IK-8 Komi Republic
30/09/2016 to
18/02/2021
4 year(s) and 4 month(s) and 20 day(s)
140 inmate(s)
1 m²
overcrowding, lack of fresh air, lack of provision of clothing, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower
7810/19
24/01/2019
Yurgis Yurgisovich BYKADOROV
1957IK-2 Zabaykalskiy Region
04/11/2010 to
18/10/2020
9 year(s) and 11 month(s) and 15 day(s)
130 inmate(s)
1 m²
lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient electric light, inadequate temperature
11945/19
12/02/2019
Yuriy Yuryevich TYUNIN
1989IK-1 Komi Republic
15/02/2017 to
29/07/2021
4 year(s) and 5 month(s) and 15 day(s)
<2 m²
overcrowding, no or restricted access to warm water, passive smoking, no or restricted access to shower, no or restricted access to toilet, mouldy or dirty cell
18692/19
13/05/2019
Denis Viktorovich SINITSYN
1989IK-2 Zabaykalskiy Region
28/10/2017 to
07/04/2021
3 year(s) and 5 month(s) and 11 day(s)
135 inmate(s)
<2 m²
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet
22688/19
03/04/2019
Mikhail Mikhaylovich ORLENKO
1982IK-1 Komi Republic
09/07/2013 to
05/04/2021
7 year(s) and 8 month(s) and 28 day(s)
52 inmate(s)
<2 m²
4 toilet(s)
overcrowding, sharing cells with inmates infected with contagious disease, passive smoking, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of fresh air, mouldy or dirty cell
24868/19
30/04/2019
Ivan Ivanovich TRETYAK
1984IK-1 Komi Republic
19/03/2015 to
14/04/2021
6 year(s) and 27 day(s)
1.9 m²
overcrowding, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, mouldy showers, lack of privacy for showers
25590/19
25/04/2019
Aleksandr Vladimirovich PAVLYUK
1958IK-1 Komi Republic
01/01/2014 to
26/10/2021
7 year(s) and 9 month(s) and 26 day(s)
120 inmate(s)
1.6 m²
lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water, no or restricted access to shower, poor quality of food