CASE OF AZIZOV AND OTHERS v. RUSSIA
Doc ref: 33369/18, 33680/18, 34049/18, 34534/18, 34956/18, 35162/18, 35364/18, 35663/18, 36103/18, 36192/18, ... • ECHR ID: 001-227640
Document date: September 28, 2023
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FOURTH SECTION
CASE OF AZIZOV AND OTHERS v. RUSSIA
(Applications nos. 33369/18 and 36 others –
see appended list)
JUDGMENT
STRASBOURG
28 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Azizov and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 September 2023,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Conventionâ€) on the various dates indicated in the appended table.
2. The Russian Government (“the Governmentâ€) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the inadequate conditions of their detention. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68 ‑ 73, 17 January 2023).
7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding inadequate conditions of detention (see, for instance, MurÅ¡ić v. Croatia [GC], no. 7334/13, 20 October 2016; Kud Å‚a v. Poland [GC], no. 30210/96, §§ 90 ‑ 94, ECHR 2000 ‑ XI; and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 139 ‑ 65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading†from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, KaraleviÄius v. Lithuania , no. 53254/99, §§ 36–40, 7 April 2005).
9. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well-established case-law (see Sergey Babushkin , cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012; and Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport of detainees and the lack of an effective remedy in that respect).
13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.â€
14. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 28 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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
Specific grievances
Other complaints under well ‑ established case ‑ law
Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant
(in euros) [1]
33369/18
30/06/2018
Ruslan Fikretovich AZIZOV
1982IK-11 Nizhniy Novgorod Region
02/11/2016
pending as of 16/09/2022
5 year(s) and 10 month(s) and 15 day(s)
1.2-1.8 m²
infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to shower, overcrowding, passive smoking, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
33680/18
02/07/2018
Artem Anatolyevich KOPOSOV
1988IK-11 Nizhniy Novgorod Region
21/03/2011
pending as of 16/09/2022
11 year(s) and 5 month(s) and 27 day(s)
1.3 m²
overcrowding, insufficient number of sleeping places, overall surface limited movement between furniture items, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, scarce surface for walking in fresh air, infestation of cell with insects/rodents
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
34049/18
02/07/2018
Valentin Pavlovich VLASOV
1990IK-11 Nizhniy Novgorod Region
01/08/2015
pending as of 16/09/2022
7 year(s) and 1 month(s) and 16 day(s)
1.8 m²
no or restricted access to warm water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, inadequate outfit, poor quality of potable water, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
34534/18
10/10/2018
Serdak Tatevosovich PAPANYAN
1983IK-5 Krasnoyarsk Region
30/11/2016 to
03/12/2019
3 year(s) and 4 day(s)
170 inmate(s)
3 m²
6 toilet(s)
infestation of cell with insects/rodents, poor quality of food, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions during transport;
Art. 3 - inadequate conditions of detention during transport - on 21/06/2019; van, transit cell; 0.3 ‑ 0.5 sq. m of personal space; lack of fresh air, passive smoking, insufficient electric light, restricted access to toilet (the complaint lodged with the Court on 31/07/2019)
11,100
34956/18
04/07/2018
Dmitriy Vladimirovich MITIN
1986IK-5 Kirov Region
16/10/2015 to
14/03/2019
3 year(s) and 4 month(s) and 27 day(s)
2.4 m²
no or restricted access to shower, poor quality of food, mouldy or dirty cell, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
7,300
35162/18
27/04/2018
Marat Gasankhanovich RADZHABOV
1996IK-31 Krasnoyarsk Region
25/11/2017
pending as of 16/09/2022
4 year(s) and 9 month(s) and 23 day(s)
2.5 m²
lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, loud music, lack of outfit for outdoor exercise, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell
12,500
35364/18
10/07/2018
Marat Zhusupovich KAPKASHEV
1986IK-11 Nizhny Novgorod Region
19/06/2017
pending as of 16/09/2022
5 year(s) and 2 month(s) and 29 day(s)
130 inmate(s)
2.3 m²
5 toilet(s)
overcrowding, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, poor quality of food
12,500
35663/18
10/07/2018
Aleksandr Yuryevich ZAKHAROV
1988IK-11 Nizhniy Novgorod Region
16/06/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 1 day(s)
130 inmate(s)
2.5 m²
6 toilet(s)
no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, inadequate clothing
12,500
36103/18
13/07/2018
Vladimir Valeryevich PODOLYAKO
1964IK-11 Nizhniy Novgorod Region
07/09/2015
pending as of 16/09/2022
7 year(s) and 10 day(s)
140 inmate(s)
1.2 m²
lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, lack of toiletries
12,500
36192/18
18/07/2018
Vyacheslav Mikhaylovich GUSEVSKIY
1996IK-5 Kirov Region
21/01/2018 to
10/12/2018
10 month(s) and 20 day(s)
110 inmate(s)
2.8 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to shower, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
4,800
36254/18
25/06/2018
Artem Nazhibovich ZARIPOV
1982IK-29 Kirov Region
27/07/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 21 day(s)
204 inmate(s)
<2 m²
15 toilet(s)
overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or poor quality of bedding and bed linen
12,500
36290/18
13/07/2018
Sergey Alekseyevich NOGIN
1975IK-11 Nizhniy Novgorod Region
10/07/2017 to
10/01/2019
1 year(s) and 6 month(s) and 1 day(s)
130 inmate(s)
2.3 m²
5 toilet(s)
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food
6,500
36294/18
13/07/2018
Sergey Vladimirovich AKOYEV
1979IK-11 Nizhniy Novgorod Region
11/02/2013
pending as of 16/09/2022
9 year(s) and 7 month(s) and 6 day(s)
140 inmate(s)
2.4 m²
overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to running water
12,500
36313/18
17/07/2018
Viktor Viktorovich BALANDIN
1991IK-5 Kirov Region
02/08/2016 to
24/11/2018
2 year(s) and 3 month(s) and 23 day(s)
105 inmate(s)
2.4 m²
no or restricted access to shower, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
6,300
36485/18
20/07/2018
Dmitriy Nikolayevich KULESH
1983IK-5 Kirov Region
23/01/2018
pending as of 16/09/2022
4 year(s) and 7 month(s) and 25 day(s)
105 inmate(s)
2.4 m²
7 toilet(s)
no or restricted access to shower, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
36559/18
21/07/2018
Vladimir Andreyevich MILENTYEV
1991IK-11 Nizhniy Novgorod Region
27/02/2017
pending as of 16/09/2022
5 year(s) and 6 month(s) and 21 day(s)
140 inmate(s)
1.8 m²
lack of ventilation, twin beds, inadequate temperature, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, passive smoking, lack of or insufficient physical exercise in fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
36562/18
13/07/2018
Oleg Viktorovich BRYANTSEV
1975IK-11 Nizhniy Novgorod Region
01/08/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 16 day(s)
120 inmate(s)
1.8 m²
lack of fresh air, lack of ventilation, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, limited time for eating
12,500
36586/18
11/07/2018
Georgiy Botazovich SIUKAYEV
1989IK-11 Nizhniy Novgorod Region
22/05/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 26 day(s)
1.5 m²
lack of fresh air, lack or inadequate furniture, no or restricted access to toilet, infestation of cell with insects/rodents, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
36594/18
19/07/2018
Aleksey Mukharamovich ISMAGULOV
1979Sukhodol Tatyana Vitaliyevna
Astrakhan
LIU-3 Saratov Region
14/12/2014
pending as of 16/09/2022
7 year(s) and 9 month(s) and 3 day(s)
110 inmate(s)
1.2 m²
3 toilet(s)
inadequate temperature, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food, inadequate clothing
12,500
36626/18
19/07/2018
Pardali Tagaymuradovich DZHURAYEV
1967IK-11 Nizhniy Novgorod Region
29/07/2013
pending as of 16/09/2022
9 year(s) and 1 month(s) and 19 day(s)
60 inmate(s)
<2 m²
6 toilet(s)
overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air
12,500
36650/18
19/07/2018
Ruslan Valeryevich PANKIN
1981IK-11 Nizhniy Novgorod Region
01/04/2017
pending as of 16/09/2022
5 year(s) and 5 month(s) and 16 day(s)
120 inmate(s)
2.5-3 m²
6 toilet(s)
lack of fresh air, infestation of cell with insects/rodents, poor quality of food
12,500
36827/18
14/08/2018
Yevgeniy Mikhaylovich STATIVKO
1981IK-11 Nizhniy Novgorod Region
02/05/2017
pending as of 16/09/2022
5 year(s) and 4 month(s) and 15 day(s)
100 inmate(s)
1.6 m²
6 toilet(s)
overcrowding, poor quality of food, no or restricted access to shower, lack of fresh air, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
36904/18
14/07/2018
Aleksey Gennadyevich AMELYANOVICH
1990IK-11 Nizhny Novgorod Region
31/03/2016
pending as of 16/09/2022
6 year(s) and 5 month(s) and 17 day(s)
140 inmate(s)
1.2 m²
8 toilet(s)
overcrowding, lack of fresh air, cell surface did not allow to move freely between the furniture items, lack or inadequate furniture, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease, lack or insufficient quantity of food, poor quality of food, 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
12,500
36984/18
13/07/2018
Andrey Klavdiyevich TYUKAVIN
1975IK-1 Arkhangelsk Region
03/12/2011
pending as of 16/09/2022
10 year(s) and 9 month(s) and 14 day(s)
1.8 m²
no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, poor quality of food, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
36991/18
17/07/2018
Aleksandr Alekseyevich DARYIN
1972IK-11 Nizhniy Novgorod Region
02/05/2017
pending as of 16/09/2022
5 year(s) and 4 month(s) and 15 day(s)
110 inmate(s)
1.8 m²
no or restricted access to toilet, no or restricted access to running water, lack of or insufficient natural light, constant electric light, lack of fresh air, inadequate temperature, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, bunk beds, lack of or inadequate hygienic facilities
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37206/18
18/07/2018
Aleksey Yevgenyevich SANDYRKIN
1979IK-11 Nizhniy Novgorod Region
22/05/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 26 day(s)
140 inmate(s)
1.2 m²
no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack of outfit, lack of or inadequate hygienic facilities
12,500
37208/18
16/07/2018
Alan Vladimirovich GEDIANIDZE
1994IK-11 Nizhniy Novgorod Region
05/11/2017
pending as of 16/09/2022
4 year(s) and 10 month(s) and 12 day(s)
120 inmate(s)
1.6-1.8 m²
lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, limited time for taking food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37233/18
13/07/2018
Aleksandr Ivanovich ZAPEVALIN
1983IK-11 Nizhniy Novgorod Region
28/06/2013
pending as of 16/09/2022
9 year(s) and 2 month(s) and 20 day(s)
130 inmate(s)
1.2-1.8 m²
lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, no or restricted access to toilet, lack of ventilation
12,500
37364/18
23/06/2018
Dmitriy Vladimirovich ATAMANOV
1976IK-1 Arkhangelsk Region
16/01/2018
pending as of 16/09/2022
4 year(s) and 8 month(s) and 1 day(s)
78 inmate(s)
1.8 m²
4 toilet(s)
poor quality of potable water, poor quality of food, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37373/18
11/01/2019
Dmitriy Sergeyevich POLOZOV
1972IK-5 Krasnoyarsk Region
21/09/2017
pending as of 16/09/2022
4 year(s) and 11 month(s) and 27 day(s)
3 m²
overcrowding, lack of fresh air, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, impediments to continuous night sleep
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37619/18
26/07/2018
Igor Aleksandrovich BLINOV
1988IK-5 Kirov Region
06/07/2016 to
26/01/2018
1 year(s) and 6 month(s) and 21 day(s)
110 inmate(s)
2.8-3 m²
7 toilet(s)
lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate clothing
5,000
37645/18
19/07/2018
Mikhail Yuryevich CHERNYAYEV
1985IK-1 Komi Republic
28/02/2013
pending as of 16/09/2022
9 year(s) and 6 month(s) and 20 day(s)
46 inmate(s)
<2 m²
3 toilet(s)
overcrowding, no or restricted access to shower, lack of fresh air, infestation of cell with insects/rodents
Art. 3 - inadequate conditions of detention during transport - trips by train on 11/07/2018-12/07/2018 and 29/09/2018; and on 13/03/2020; 0.3 sq. m of personal space; overcrowding; restricted access to toilet; insufficient number of sleeping places;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions during transport
13,500
37718/18
23/07/2018
Vitaliy Vladimirovich KHONIN
1985IK-11 Nizhniy Novgorod Region
01/08/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 16 day(s)
46 inmate(s)
1.2 m²
lack of fresh air, constant electric light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack or insufficient quantity of food, overcrowding, passive smoking, poor quality of food, no or restricted access to shower, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
37820/18
15/04/2019
Maksim Sergeyevich MALANCHEV
1991IK-25 Chelyabinsk Region
27/07/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 21 day(s)
100 inmate(s)
<2 m²
overcrowding
12,500
37934/18
28/07/2018
Igor Vladimirovich ZAGOSKIN
1986Sukhodol Tatyana Vitaliyevna
Astrakhan
IK-12 Perm Region
21/11/2013 to
27/03/2018
4 year(s) and 4 month(s) and 7 day(s)
36 inmate(s)
2 m²
inadequate temperature, lack of or restricted access to leisure or educational activities, no or restricted access to shower, no or restricted access to toilet, lack or insufficient quantity of food
5,000
37973/18
25/07/2018
Vitaliy Vitalyevich IVANOV
1983IK-11 Nizhniy Novgorod Region
01/06/2018
pending as of 16/09/2022
4 year(s) and 3 month(s) and 16 day(s)
75 inmate(s)
1.7 m²
lack of or insufficient natural light, infestation of cell with insects/rodents, lack of fresh air, small courtyard
12,500
38003/18
24/07/2018
Aleksandr Sergeyevich ZUGLANOV
1986IK-11 Nizhniy Novgorod Region
17/02/2015
pending as of 16/09/2022
7 year(s) and 7 month(s)
1 m²
overcrowding, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of fresh air, inadequate temperature, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, infestation of cell with insects/rodents
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
12,500
[1] Plus any tax that may be chargeable to the applicants.