KULESH v. RUSSIA and 3 other applications
Doc ref: 45919/13;56259/15;56261/15;56265/15 • ECHR ID: 001-178251
Document date: October 5, 2017
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Communicated on 5 October 2017
THIRD SECTION
Application no 45919/13 Vladimir Yuryevich KULESH against Russia and 3 other applications (see list appended)
SUBJECT MATTER OF the CASE
The applications concern allegedly inhuman conditions of the applicants ’ detention in correctional colony no. IK-4 in Fornosovo , Leningrad Region and absence of an effective remedy in this regard. The cases are a follow-up to Sergey Babushkin v. Russia (no. 5993/08, 28 November 2013), and Butko v. Russia (no. 32036/10, 12 November 2015). For the relevant information about the applicants and their conditions of detention see appended tables below.
However, in addition, to a typical well-established case-law complaint, the cases also concern the applicants ’ regular forced shaving by warders and lack of an effective remedy in this respect. The applicants complain about an interference with their religious beliefs, with their private life and degrading treatment as a result of their being subjected to that regular shaving.
QUESTIONS
1. Were the conditions of the applicants ’ detention in correctional colony no. IK-4 in the village of Fornosovo , Leningrad Region, compatible with the requirements of Article 3 of the Convention?
2. Did the applicants have at their disposal an effective domestic remedy for their complaint about the conditions of detention, as required by Article 13 of the Convention?
3. Having regard to the shaving of the applicants by colony warders:
(a) Was the applicants ’ mental suffering on account of their shaving sufficiently serious to amount to inhuman and degrading treatment within the meaning of Article 3 of the Convention? If so, has there been a breach of Article 3 of the Convention in respect of the applicants?
(b) Was there an interference with their right to respect for their private life within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
(c) Was there an interference with the applicants ’ freedom of religion, within the meaning of Article 9 § 1 of the Convention? In particular, was the practice of wearing long hair and a beard a manifestation of the applicants ’ freedom of religion within the meaning of this provision? If so, was that interference prescribed by law and necessary in terms of Article 9 § 2?
(d) Has there been an effective domestic remedy for the applicants to complain about their shaving by the colony warders, as required by Article 13 of the Convention?
(е) Were the colony officials aware of the applicants ’ religious convictions?
APPENDIX
Table No. 1 \* MERGEFORMAT
No.
Application
no.
Lodged on
Applicant ’ s name
date of birth
place of residence
Represented by
Period of detention in IK-4 facility
Dates of assignment to brigades
45919/13
02/07/2013
Vladimir Yuryevich KULESH
31/08/1987
Fornosovo
Sergey Igorevich KOTELNIKOV
26.03.07 - pending
26.03.07 – 09.04.07 quarantine
09.04.07 – 17.09.07 brigade No. 4
17.09.07 – 05.11.09 brigade No. 1
05.11.09 – 11.06.10 brigade No. 6
11.06.10 – 13.09.11 brigade No. 1
13.09.11 – 13.02.12 brigade No. 7
13.02.12 – 28.04.12 brigade No. 2
28.04.12 – 18.05.12 brigade No. 4
18.05.12 – 19.05.12 brigade No. 9
19.05.12 – pending brigade No. 2
56259/15
02/07/2013
Roman Vyacheslavovich BOLSHAKOV
03/12/1982
St Petersburg
Sergey Igorevich KOTELNIKOV
26.03.10 – January 2013
26.03.10 – 09.04.10 quarantine
09.04.10 – 2013 brigade No. 1
56261/15
02/07/2013
Maksim Ivanovich GANICHEV
16/06/1983
Fornosovo
Sergey Igorevich KOTELNIKOV
02.02.10 - pending
02.02.10 – 04.02.10 quarantine
14.02.05 – 11.11.10 brigade No. 11
11.11.10 – 15.08.12 brigade No. 12
15.08.12 – pending brigade No. 4
56265/15
02/07/2013
Maksim Vasilyevich KOVALEV
12/07/1983
St Petersburg
Sergey Igorevich KOTELNIKOV
04.03.10 – January 2013
04.03.10 – 09.03.10 quarantine
09.03.10 – 12.09.11 brigade No. 1
12.09.11 – 17.05.12 brigade No. 11
17.05.12 – January 2013 no information
\* MERGEFORMAT
TAble no. 2
Brigade
No.
Brigade area in square metres
Number of detainees per brigade
Space per detainee in square metres
Number of sleeping places
Hygienic facilities per brigade
toilet pans
urinals
sinks
Quarantine
120
65
1.8
56
1
230 (before 2009)
180
1.3
240
5
4 (as of 2010)
6
578 (as of 2009)
287
2
2
152
136
1.1
100
5
5
6
4
175
143
1.2
120
5
0
5
6
230
137
1.7
110
5
3
5
7
226
146
1.5
130
4
3
4
9
168
128
1.3
100
5
3
10
11
186
142
1.3
133
4
5
5
12
88
68
1.3
62
3
1
5