ASTAFYEV AND OTHERS v. RUSSIA
Doc ref: 31652/17, 48172/17, 61762/17, 67443/17, 79262/17, 84757/17, 1746/18, 4269/18, 11228/18, 16435/18, 19... • ECHR ID: 001-223120
Document date: January 19, 2023
- Inbound citations: 1
- •
- Cited paragraphs: 0
- •
- Outbound citations: 1
THIRD SECTION
DECISION
Application no. 31652/17 Dmitriy Anatolyevich ASTAFYEV against Russia and 19 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 January 2023 as a Committee composed of:
Darian Pavli , President , Ioannis Ktistakis, Andreas Zünd , 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:
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 after conviction 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.
Having examined the complaints under Article 3 of the Convention concerning conditions of the applicant’s detention in breach of national legislation or international agreements of the Russian Federation, the Court is of the view that there is no longer any justification for examining the merits of those complaints for the reasons set out below.
The Court notes that, as matters stand, the material facts complained of by the applicants have ceased to exist. They are no longer detained in the conditions complained of. It further notes that it was open to the applicants to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of their complaints concerning the conditions of detention in breach of national legislation (see Shmelev and Others v. Russia ((dec.), no. 41743/17 and 16 others, 17 March 2020).
Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), the Court considers it is no longer justified to continue the examination of this part of the applications (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of those complaints under Article 37 § 1 in fine .
Accordingly, this part of the applications should be struck out of the list.
As regards the remainder of the complaints lodged by the applicants (see the appended table), 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.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the part of the applications out of its list of cases as regards the complaints about poor conditions of detention;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 9 February 2023.
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
Representative’s name and location
Facility
Start and end date
Duration
Inmates per brigade
Sq. m per inmate
Number of toilets per brigade
Alleged grievances
Inadmissible complaints
31652/17
18/04/2017
Dmitriy Anatolyevich ASTAFYEV
1978IK-3 Irkutsk Region
07/03/2017 to 15/02/2022
4 year(s) and 11 month(s) and 9 day(s)
75 inmate(s)
1.6 m²
5 toilet(s)
no or restricted access to warm water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of fresh air
48172/17
24/06/2017
Sergey Artavaztovich MINOSYAN
1976IK-11 Nizhniy Novgorod Region
01/02/2013 to 23/01/2018
4 year(s) and 11 month(s) and 23 day(s)
130 inmate(s)
1.2 m²
6 toilet(s)
overcrowding, poor quality of food, no or restricted access to toilet, lack of requisite medical assistance, lack or inadequate furniture, lack or insufficient quantity of food, lack of or inadequate hygienic facilities
Art. 34 – alleged hindrance in the exercise of the right of individual petition
61762/17
15/08/2017
Timofey Vladimirovich RUMYANTSEV
1973IK-5 Ivanovo Region
01/01/2010 to 12/04/2017
7 year(s) and 3 month(s) and 12 day(s)
95 inmate(s)
1.7 m²
5 toilet(s)
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to shower, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
67443/17
09/08/2017
Tural Elbrus ogly GANIYEV
1983Vyazovikova Yevgeniya Mikhaylovna
Tyumen
IK-2 Tyumen Region
30/07/2013 to 01/08/2017
4 year(s) and 3 day(s)
<1 m²
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
79262/17
30/10/2017
Roman Anatolyevich BOBYLEV
1975IK-5 the Republic of Mordovia
25/03/2011 to 11/02/2022
10 year(s) and 10 month(s) and 18 day(s)
35 inmate(s)
1.2 m²
overcrowding, poor quality of food, mouldy or dirty cell, no or restricted access to shower
Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
84757/17
05/12/2017
Aleksandr Sergeyevich PUCHIKIN
1992IK-49 Komi Republic
06/12/2014 to 08/09/2019
4 year(s) and 9 month(s) and 3 day(s)
110 inmate(s)
1.2 m²
6 toilet(s)
overcrowding, no or restricted access to warm water
Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
1746/18
08/12/2017
Ariyan Anatolyevich FEDOROV
1983IK-11 Nizhniy Novgorod Region
12/08/2013 to 11/07/2018
4 year(s) and 11 month(s)
1.2 m²
bunk beds, overcrowding, sharing cells with inmates infected with contagious disease, lack of or inadequate hygienic facilities, lack of fresh air, accommodation in the room for leisure activity
4269/18
18/12/2017
Sergey Vladimirovich VYUNOV
1988IK-1 Nizhniy Novgorod Region
17/06/2013 to 26/03/2022
8 year(s) and 9 month(s) and 10 day(s)
1.2 m²
lack of fresh air, infestation of cell with insects/rodents, lack of requisite medical assistance, overcrowding, poor quality of food
11228/18
01/06/2018
Sergey Aleksandrovich TOLMACHEV
1982OIK-36 IK-5 Krasnoyarsk Region
15/08/2013 to 26/05/2022
8 year(s) and 9 month(s) and 12 day(s)
1.5 m²
lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or insufficient quantity of food, lack of outfit, lack of or restricted access to leisure or educational activities, poor quality of food
Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
16435/18
19/03/2018
Aleksandr Alekseyevich SHATALOV
1987IK-11 Nizhniy Novgorod Region
22/02/2018 to 25/06/2019
1 year(s) and 4 month(s) and 4 day(s)
135 inmate(s)
1.2 m²
6 toilet(s)
lack of requisite medical assistance, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease
19358/18
20/02/2018
Aleksandr Nikolayevich PONOMAREV
1978IK-2 Zabaykalskiy Region
28/12/2014 to 26/05/2020
5 year(s) and 4 month(s) and 29 day(s)
140 inmate(s)
1.5 m²
overcrowding, no or restricted access to warm water
Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
21374/18
23/03/2018
Aleksey Aleksandrovich KUZMENKO
1978OIK-36 IK-5 Krasnoyarsk Region
20/02/2014 to 29/09/2017
3 year(s) and 7 month(s) and 10 day(s)
190 inmate(s)
1-1.5 m²
7 toilet(s)
inability to move freely around the sleeping area, narrow passages (50 centimetres), overcrowding, no or restricted access to toilet, lack of or restricted access to leisure or educational activities, lack of privacy for toilet
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
21460/18
18/04/2018
Aleksey Yevgenyevich POPOV
1981IK-11 Nizhniy Novgorod Region
21/07/2014 to 21/02/2022
7 year(s) and 7 month(s) and 1 day(s)
150 inmate(s)
1.5 m²
8 toilet(s)
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to running water
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
37028/18
23/07/2018
Yuriy Aleksandrovich CHEBYKIN
1958IK-2 Zabaykalskiy Region
25/11/2017 to 22/01/2022
4 year(s) and 1 month(s) and 29 day(s)
1.6 m²
overcrowding, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient natural light, inadequate temperature, lack of fresh air, no or restricted access to warm water
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
47870/18
28/11/2018
Mamanazar Mirzanazarovich SAYDAMATOV
1969IK-2 Zabaykalskiy Region
11/06/2007 to 27/05/2022
14 year(s) and 11 month(s) and 17 day(s)
0.9 m²
inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
59323/18
19/11/2018
Denis Anatolyevich KOVALEV
1983IK-1 Komi Republic
31/12/2015 to 17/10/2021
5 year(s) and 9 month(s) and 18 day(s)
1.7 m²
4 toilet(s)
overcrowding, inadequate temperature, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
1817/19
13/12/2018
Alikber Yagibekovich MAGOMEDOV
1963IK-1 Komi Republic
07/01/2017 to 08/08/2022
5 year(s) and 7 month(s) and 2 day(s)
130 inmate(s)
1.6 m²
3 toilet(s)
infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, no or restricted access to shower
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
11597/19
30/01/2019
Anatoliy Alekseyevich GVOZDEV
1983IK-2 Zabaykalskiy Region
28/12/2012 to 14/01/2022
9 year(s) and 18 day(s)
135 inmate(s)
1.5 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12665/19
24/01/2019
Sergey Yevgenyevich RADKOVSKIY
1980IK-1 Komi Republic
15/06/2018 to 25/01/2022
3 year(s) and 7 month(s) and 11 day(s)
45 inmate(s)
<2 m²
2 toilet(s)
overcrowding, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention
13108/19
30/10/2018
Eduard Vladimirovich PROSTAKISHIN
1977IK-2 Zabaykalskiy Region
20/12/2013 to 12/02/2021
7 year(s) and 1 month(s) and 24 day(s)
68 inmate(s)
<2 m²
overcrowding, lack of or insufficient natural light, lack of fresh air