Lexploria

Communicated on 24 May 2019

THIRD SECTION

Application no. 45049/17 A.S. against Russia and 31 other applications (see list appended)

STATEMENT OF FACTS

All the applicants are Russian nationals. The facts of the case, as submitted by the applicants, are set out below and in the Appendix.

The applicants were, or have been, detained in correctional facilities during the time period indicated in the Appendix.

While in detention, the applicants were placed in the lowest caste in the informal prisoner hierarchy, the “untouchables” ( опущенные , обиженные , социально пониженный статус ) or “roosters” ( петухи ).

The restrictions the applicants experienced in their daily life were governed by an informal code of the criminal underworld, known as “the rules” or “the conventions” ( понятия ). The punishment for those disobeying the “rules” could be a beating, rape or death.

The applicants submitted similar descriptions of their situation.

Specific beds in the dormitory were earmarked for the “untouchables” who were not allowed to sleep in any other beds. They had a designated table in the canteen and a particular washstand. They were forbidden to eat or sit anywhere else or to touch other inmates ’ clothing or property. They were not allowed to put their food in communal fridges or enter the cooking area where “normal men” heated their food. They were frequently given rotten or stale food and their cutlery bore a special mark: a hole punched or drilled in their bowls and spoons.

The “untouchables” were assigned to do dirty work, such as cleaning pit latrines or exercise yards. In addition, some of them were forced to provide sexual services to other prisoners who requested them.

The prison management tolerated the informal hierarchy among prisoners.

COMPLAINTS

The applicant s ’ complaints are set out in the Appendix.

QUESTIONS TO THE PARTIES

Since the Court has granted anonymity in these cases the Government should carry out the relevant domestic inquiries in such a manner as to avoid compromising the applicants ’ safety and to preserve their anonymity.

1. Did the restrictions inherent to the applicants ’ low status in the informal prisoner hierarchy amount to inhuman or degrading treatment or punishment in breach of Article 3 of the Convention?

2. Did the applicants dispose of effective domestic remedies – as required by Article 13 of the Convention – for their complaint about the treatment to which they were subjected as “degraded” prisoners? In particular, can a complaint to a prosecutor or to a court be regarded as an “effective remedy” and what concrete measures is a prosecutor or a court empowered to take in order to improve their situation? The Government are invited to provide examples, including prosecutors ’ infringement reports ( представление об устранении нарушения ) and judicial decisions concerning the particular situation of “degraded” prisoners and the informal prisoner hierarchy in general. The Government are also invited to provide all relevant documents concerning the policy of combatting violence and intimidation in penal institutions linked to the informal prisoner hierarchy that are capable of demonstrating the efficiency of such a policy.

3. As regards the applicants who also complained about general conditions of their detention (see Appendix), was there a violation of Article 3 of the Convention in that connection?

As regards application no. 45049/17:

4. As regards the alleged assaults on 11 December 2018 and 16 March 2019, was the applicant subjected to ill-treatment in breach of Article 3 of the Convention? Did the domestic authorities carry out an effective investigation of that ill-treatment? The Government are requested to submit a copy of the applicant ’ s medical record.

5. Was it compatible with Article 8 of the Convention that the applicant has been denied the possibility of having physical contact with his father during short-term visits (see Resin v. Russia , no. 9348/14, §§ 28-34, 18 December 2018)?

6. Was it compatible with Article 8 of the Convention that the applicant was sent to serve his sentence more than 1,300 kilometres away from the place of habitual residence (see Polyakova and Others v. Russia , nos. 35090/09 and 3 others, 7 March 2017)?

7. Was the applicant ’ s disenfranchisement compatible with Article 3 of Protocol No. 1 (see Anchugov and Gladkov v. Russia , nos. 11157/04 and 15162/05, 4 July 2013)?

As regards applications nos. 11538/18 and 13569/18:

8. As regards the de facto situation which disproportionately affects the applicants on account of their place in the informal hierarchy, did the Russian authorities put in place policy measures, as required by Article 14 of the Convention taken in conjunction with Article 3, to address the difference in treatment?

App No.

Name

Facility and region

Date from

Date until

Position in the hierarchy

Conditions of detention

Represen ted by

Articles

45049/17

A.S.

IK-1

Mordoviya

13/12/2016

to date

The applicant was convicted of sex offences.

A.N. Laptev

3,13, 8, 3P1

51807/17

T.R.

IK-4

Kostroma Region

15/02/2014

30/06/2017

The applicant was assigned to the lowest caste during his previous stay in a minors’ correctional facility.

Inadequate heating, ice on interior walls in winter; infestation with vermin; less than 2 square metres per detainee; crowded exercise yard with three- metre -high solid-metal fencing; no ventilation; dim lights; three water taps in the bathhouse.

A.V. Vinogradov

3+13

52291/17

I.A.

IK-1

Kostroma Region

10/07/2014

07/07/2017

During his previous stay in the IK-4 facility in the Kostroma Region, the applicant, fearing for his safety, had asked to be transferred to a secure compound ( помещение личной безопасности ). According to him, the transfer to that compound implies acknowledging his relegation to the lower caste.

Same as above.

A.V. Vinogradov

3+13

69425/17

I.K.

IK-1

Kostroma Region

06/11/2008

05/09/2017

Someone claimed that the applicant ’ s girlfriend had performed oral sex on another man. The applicant was expected, but was unable to, refute that allegation. He was ritually degraded to the lower caste by having his head pulled through a toilet seat. The applicant was assigned to live in the "outcasts ’ corner" which was separated from the dormitory with hanging sheets.

Same as above.

A.V. Vinogradov

3+13

70086/17

S.I.

IK-5

Mordoviya

13/05/2016

to date

The applicant was convicted of sex offences.

n/a

No representative

3+13+14

71029/17

A.C.

IK-4

Kostroma Region

07/07/2013

01/09/2017

The applicant was alleged to have accosted another man.

Same as above.

A.V. Vinogradov

3+13

71326/17

I.S.

IK-2

Kostroma Region

01/05/2017

31/08/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

78092/17

A.B.

IK-11

Nizhniy Novgorod Region

03/10/2011

03/10/2017

The applicant was convicted of sex offences.

Severe overcrowding in the dormitory and exercise yard.

No representative

3

79222/17

A.A.

IK-1

Kostroma Region

28/12/2016

27/09/2017

The applicant was assigned to the lowest caste during his previous stay in a minors ’ correctional facility.

Same as above.

A.V. Vinogradov

3+13

79233/17

G.O.

IK-1

Kostroma Region

02/11/2015

01/11/2017

The applicant used the cutlery owned by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

79770/17

S.S.

IK-1

Kostroma Region

26/07/2013

24/10/2017

The applicant was unable to disprove the allegation that his girlfriend had performed oral sex on another man.

Same as above.

A.V. Vinogradov

3+13

79772/17

M.G.

IK-1

Kostroma Region

19/05/2016

18/08/2017

The applicant used the cutlery owned by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

79775/17

A.G.

IK-1

Kostroma Region

12/05/2008

25/07/2017

The applicant used the soap and basin used by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

79776/17

S.Z.

IK-1

Kostroma Region

20/06/2016

19/07/2017

The applicant used the cutlery owned by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

79951/17

A.C.

IK-1

Kostroma Region

22/06/2014

20/10/2017

The applicant was assigned to the lowest caste during his previous stay in a correctional facility.

Same as above.

A.V. Vinogradov

3+13

80725/17

A.G.

IK-1

Kostroma Region

18/01/2000

17/11/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

80357/17

A.I.

IK-1

Kostroma Region

28/02/2014

25/08/2017

The applicant used the cutlery owned by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

82160/17

A.K.

IK-1

Kostroma Region

15/09/2015

14/11/2017

The applicant used the soap and basin used by an outcast prisoner.

Same as above.

A.V. Vinogradov

3+13

83674/17

V.B.

IK-5

Tatarstan

2007

2017The applicant was convicted of sex offences.

n/a

No representative

3

84167/17

V.K.

IK-1

Kostroma Region

08/12/2015

05/12/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

1135/18

S.M.

IK-4

Kostroma Region

17/01/2012

21/11/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

4506/18

R.S

IK-1

Kostroma Region

20/06/2016

14/12/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

4512/18

A.V.

IK-1

Kostroma Region

23/06/2003

22/12/2017

The applicant ate the food which belonged to outcast prisoners.

Same as above.

A.V. Vinogradov

3+13

6766/18

M.S.

IK-4

Kostroma Region

10/03/2016

19/12/2017

The applicant touched the effects belonging to outcast prisoners.

Same as above.

A.V. Vinogradov

3+13

9879/18

A.K.

IK-1

Kostroma Region

06/09/2014

29/12/2017

The applicant was assigned to provide sexual services to other prisoners.

Same as above.

A.V. Vinogradov

3+13

9930/18

D.M

IK-1

Kostroma Region

31/08/2016

30/01/2018

The applicant ate the food which belonged to outcast prisoners.

Same as above.

A.V. Vinogradov

3+13

10168/18

D.S.

IK-1

Kostroma Region

11/02/2016

09/02/2018

The applicant ate the food which belonged to outcast prisoners.

Same as above.

A.V. Vinogradov

3+13

10174/18

D.S.

IK-2

Kostroma Region

16/09/2016

15/09/2017

The applicant had been a plumber and touched excrement.

Same as above.

A.V. Vinogradov

3+13

11538/18

D.P.

IK-5

Krasnoyarsk Region

01/07/2016

27/09/2017

Since 1994, the applicant, as firefighter, has been assigned to the category of "reds". He had to do the dirty work and sleep and eat separately from the rest of detainees.

n/a

No representative

3+14

13569/18

S.S.

IK-5

Krasnoyarsk Region

2014to date

The applicant, gardener by occupation, has been assigned to the category of "reds".

n/a

No representative

3+14

8587/19

G.B.

IK-41

Kemerovo Region

24/05/2017

24/11/2018

The applicant was a former police officer. He was assigned to do the dirty work, he had to sleep on the floor and eat separately.

Extreme overcrowding (less than 1.6 sq. m per person); insufficient sleeping places; one water tap per 15 people.

No representative

3+13

9293/19

Y.P.

IK-41

Kemerovo Region

20/02/2018

19/11/2018

The applicant was a former police officer. He was assigned to do the dirty work, he had to sleep on the floor and eat separately.

Same as above.

No representative

3+13

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A.S. v. RUSSIA and 31 other applications

A.S. v. RUSSIA and 31 other applications