DILSHNAYDER v. RUSSIA and 15 other applications
Doc ref: 57636/16, 6643/17, 35304/17, 35665/17, 66635/17, 75764/17, 80441/17, 80469/17, 5896/18, 11305/18, 11... • ECHR ID: 001-199626
Document date: November 29, 2019
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Communicated on 29 November 2019
THIRD SECTION
Application no. 57636/16 Dmitriy Aleksandrovich DILSHNAYDER against Russia and 15 other applications (see list appended)
SUBJECT MATTER OF THE CASE S
The cases concern the application of handcuffs to life prisoners. The applicants were convicted of different crimes. Since conviction they serve their sentences in special regime prisons for lifers and they have to wear handcuffs every time they leave their cells allegedly without any legal ground (see Kashavelov v. Bulgaria , no. 891/05, §§ 39 and 40, 20 January 2011, and Kaverzin v. Ukraine , no. 23893/03, §§ 151 63, 15 May 2012).
Some of the applicants also complain about poor conditions of detention (see Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 120-66, 10 January 2012), detention in a cage during court hearings (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 84-139, ECHR 2014 (extracts)), marking their prison uniform with distinctive signs, using a guard dog when the applicant is outside his cell, video surveillance in cells (see Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019), forced shaving (see Yankov v. Bulgaria , no. 39084/97, §§ 99-122, ECHR 2003 ‑ XII (extracts) ), segregation on account of the life prisoner status (see Harakchiev and Tolumov v. Bulgaria , nos. 15018/11 and 61199/12 , §§ 179-214, ECHR 2014 (extracts)), discrimination and lack of effective remedies to protect their rights.
QUESTIONS TO THE PARTIES
1. Questions on measures applied to life prisoners:
(a) Did the systematic application of handcuffs to applicants in all cases, attaching a label “life prisoner” to their uniform (applications nos. 6643/17 and 66635/17), using a dog to guard the applicant outside the cell (application no. 35304/17), separation of the life convicts from other prison population and their solitary confinement or placement in a cell holding no more than two persons (applications nos. 57636/16, 35304/17 and 35665/17), forced shaving (applications nos. 57636/16 and 29735/18), constitute inhuman or degrading treatment within the meaning of Article 3 of the Convention (see Yankov v. Bulgaria , no. 39084/97, §§ 99-122, ECHR 2003 ‑ XII ( extracts ); Kashavelov v. Bulgaria , no. 891/05, §§ 39-40, 20 January 2011; Kaverzin v. Ukraine , no. 23893/03, §§ 151-63, 15 May 2012 ; Harakchiev and Tolumov v. Bulgaria , nos. 15018/11 and 61199/12 , §§ 179-214, ECHR 2014 (extracts))? The Government are invited to indicate periods when the applicants were subjected to the above measures and to provide supporting documents relating to application of these measures.
Did the above measures apply automatically to all life prisoners? What were the reasons and legal grounds for applying the above measures to the applicants?
(b) As regards the applications nos. 57636/16, 6643/17, 66635/17, 75764/17, 80441/17, 5896/18, no. 11305/18, 11785/18, 18993/18, 23615/18, 26363/18, 29678/18 and no. 29735/18, did the applicants have effective domestic remedies in respect of the above complaints, as guaranteed by Article 13 of the Convention?
The Government are invited to provide examples of domestic case-law relating to the above measures in respect of life prisoners to illustrate the practical effectiveness of the existing remedies, if any.
(c) As regards applications nos. 57636/16 and 29735/18, did the applicants suffer discrimination in the enjoyment of their Convention rights on account of being handcuffed on the ground of their life prisoner status, contrary to Article 14 of the Convention, read in conjunction with Article 3?
2. Conditions of detention and detention in cage:
(a) As regards the applications nos. 57636/16, 6643/17, 35304/17, 66635/17, 80469/17, 5896/18, 11305/18, 11785/18, and 29678/18, were the conditions of the applicants ’ detention in correctional colonies and remand prisons compatible with Article 3 of the Convention (see Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 120-66, 10 January 2012; Sergey Babushkin v. Russia , no. 5993/08 , §§ 46-58, 28 November 2013; Gorbulya v. Russia , no. 31535/09 , §§ 64-81, 92-98, 6 March 2014) ?
(b) As regards the applications nos. 57636/16, 6643/17, 66635/17, 5896/18, 11305/18, 11785/18 and 29678/18, did the applicants have at their disposal an effective domestic remedy for the complaint about conditions of detention under Article 3, as required by Article 13 of the Convention (see Ananyev and Others , cited above, §§ 93-119, and Sergey Babushkin , cited above, §§ 36-45)?
(c) As regards application no. 35304/17, was the applicant subjected to degrading treatment, in breach of Article 3 of the Convention, on account of his confinement in a metal cage in the courtrooms (see Svinarenko and Slyadnev , nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), and Vorontsov and Others v. Russia , nos. 59655/14 and 2 others, § 31, 31 January 2017)?
3 . Video surveillance in prison:
(a) As regards the applications nos. 35665/17, 23615/18, 26363/18, 29735/18, were the applicants subjected to constant video surveillance during their detention in correctional colonies and remand prisons? If so, did that measure constitute an interference with their private life? If so, was it justified under Article 8 § 2 of the Convention (see Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019)? In particular:
Was the interference “prescribed by law”?
If so, did it pursue one or more of the legitimate aims referred to in Article 8 § 2 of the Convention?
If so, was it “necessary in a democratic society” to achieve those aims? In particular, could those aims have been achieved by using less intrusive means?
(b) As regards the applications nos. 26363/18 and 29735/18, did the applicants have at their disposal an effective domestic remedy for their complaint about video surveillance, as required by Article 13 of the Convention?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Date of Birth
Place of Residence
Nationality
Represented by
1
57636/16
Dilshnayder v. Russia
22/12/2016
Dmitriy Aleksandrovich DILSHNAYDER
29/10/1981
Elban , Khabarovsk Region
Russian
2
6643/17
Tarasov v. Russia
05/01/2017
Petr Aleksandrovich TARASOV
30/10/1988
Elban , Khabarovsk Region
Russian
Tatyana Robertovna YESINA
3
35304/17
Roslov v. Russia
25/04/2017
Sergey Viktorovich ROSLOV
01/01/1967
Ognennyy , Vologda Region
Russian
Yelena Leonidovna KHARIONOVSKAIA
4
35665/17
Komolov v. Russia
29/09/2016
Vladislav Sergeyevich KOMOLOV
17/11/1981
Nizhnekamsk , Republic of Tatarstan
Russian
5
66635/17
Podyachev v. Russia
17/08/2017
Aleksey Nikolayevich PODYACHEV
20/06/1977
Krasnoyarsk
Russian
6
75764/17
Kayukov v. Russia
17/10/2017
Sergey Yuryevich KAYUKOV
30/01/1977
Kharp , Yamalo-Nenetsk Region
Russian
7
80441/17
Piskunov v. Russia
27/10/2017
Sergey Aleksandrovich PISKUNOV
17/01/1981
Labytnangi , Yamalo-Nenetsk Region
Russian
8
80469/17
Kamenev v. Russia
15/01/2018
Aleksandr Aleksandrovich KAMENEV
13/02/1989
Chelyabinsk
Russian
9
5896/18
Kyazimov v. Russia
23/03/2018
Ilgar Fakhradovich KYAZIMOV
04/05/1975
Elban , Khabarovsk Region
Russian
10
11305/18
Loyev and Others v. Russia
13/02/2018
Sergey Vyacheslavovich LOYEV
20/09/1972
Elban , Khabarovsk Region
Russian
Sergey Mikhaylovich DAVYDOV
30/03/1965
Elban , Khabarovsk Region
Russian
Ivan Vladimirovich KOROBITSYN
12/05/1985
Ivdel , Sverdlovsk Region
Russian
Andrey Vladimirovich LITVINTSEV
28/01/1971
Elban , Khabarovsk Region
Russian
Yevgeniy Vladimirovich SINGAYEVSKIY
18/11/1975
Ivdel , Sverdlovsk Region
Russian
Alesandr Viktorovich GUTSUL
19/06/1973
Ivdel , Sverdlovsk Region
Russian
Dmitriy Vladimirovich GOLUBEV
08/12/1972
Ivdel , Sverdlovsk Region
Russian
Yuriy Gennadyevich BARKOVSKIY
27/12/1969
Ivdel , Sverdlovsk Region
Russian
Stepan Aleksandrovich KOMAROV
24/09/1989
Ivdel , Sverdlovsk Region
Russian
Lyudmila Viktorovna ROMANENKO
11
11785/18
Dudnikov and Others
v. Russia
13/02/2018
Yuriy Pavlovich DUDNIKOV
14/11/1955
Elban , Khabarovsk Region
Russian
Vladimir Viktorovich MENKOV
12/10/1982
Elban , Khabarovsk Region
Russian
Mikhail Borisovich KONSTANTINOV
20/04/1984
Elban , Khabarovsk Region
Russian
Anton Vasilyevich BOLSHESHAPOV
09/09/1985
Elban , Khabarovsk Region
Russian
Arslan Faritovich SAYFUTDINOV
13/02/1986
Elban , Khabarovsk Region
Russian
Sergey Borisovich KUTNYUK
31/05/1969
Elban , Khabarovsk Region
Russian
Anatoliy Aleksandrovich BERESTNEV
01/01/1961
Elban , Khabarovsk Region
Russian
Lyudmila Viktorovna ROMANENKO
12
18993/18
Cherkasov v. Russia
04/04/2018
Pavel Sergeyevich CHERKASOV
14/12/1984
Elban
Russian
Tatyana Robertovna YESINA
13
23615/18
A.C. v. Russia
12/04/2018
14
26363/18
Zverev v. Russia
11/05/2018
Konstantin Savvovich ZVEREV
14/06/1980
Sol- Iletsk , Orenburg Region
Russian
Oksana Vladimirovna PREOBRAZHENSKAYA
15
29678/18
Podyachev v. Russia
06/04/2018
Aleksey Nikolayevich PODYACHEV
20/06/1977
Krasnoyarsk
Russian
16
29735/18
Polichev v. Russia
06/06/2018
Andrey Valeryevich POLICHEV
29/01/1988
Elban , Khabarovsk Region
Russian