Published on 27 March 2023

THIRD SECTION

Application no. 35012/19 Artem Markovich LUKASHCHUK against Russia and 7 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 10 March 2022, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 5 § 3 of the Convention relating to excessive length of pre-trial detention which are the subject of well-established case law of the Court (see Dirdizov v. Russia, no. 41461/10, 27 November 2012).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 5 § 3 of the Convention (excessive length of pre-trial detention)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Period of detention

Court which issued detention order/examined appeal

Length of detention

Specific defects

Other complaints under well-established case-law

35012/19*

21/06/2019

Artem Markovich LUKASHCHUK

2000

19/10/2018 - 29/06/2020

Shuyskiy Town Court of Ivanovo Region

Ivanovo Region Court

1 year and 8 months and 11 days

failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a glass cabin in the Shuyskiy Town Court of the Ivanovo Region and in a metal cage in the Ivanovo Regional Court between 17/05/2019 and 29/06/2020.

52734/19*

23/09/2019

Yuriy Anatolyevich YEKISHEV

1964Svetlana Igorevna Dobrovolskaya

Moscow

11/04/2019 - pending

Khamovnicheskiy District Court of Moscow

Moscow City Court

First Court of Appeal

More than 2 years and 9 months and 17 days

failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Khamovnicheskiy District Court, pending since 13/04/2019.

47285/20*

05/10/2020

Nikolay Sergeyevich SMIRNOV

1985

03/07/2020 - 22/04/2021

15/10/2021 - pending

Perm Regional Court

Seventh Cassation Court of Common Jurisdiction

9 months and 20 days

More than 4 months and 8 days

fragility of the reasons employed by the courts;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention

Art. 13 - lack of an effective remedy against refusals of short-term family visits;

Art. 8 (1) - restrictions on family visits in pre-trial facilities - SIZO-1 Perm Region - refusal of long-term family visits, refusal of short-term family visits, refusal of phone calls with the wife.

50738/20*

26/10/2020

Denis Yevgenyevich BONDAREV

1997Irina Yuryevna Balysheva

Cherepanovo

22/05/2020 - pending

Pervomayskiy District Court of Novosibirsk

Novosibirsk Regional Court

More than 1 years and 8 months and 6 days

fragility of the reasons employed by the courts;

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;

failure to examine the possibility of applying other measures of restraint

52777/20*

16/04/2021

Vitaliy Vladimirovich GURTOVOY

1982

04/11/2019 -26/07/2021

Norilsk Town Court

Tsentralnyy District Court of Krasnoyarsk

1 year and 8 months and 23 days

failure to conduct the proceedings with due diligence during the period of detention

Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention –

Tsentralnyy District Court of Krasnoyarsk 03/02/2020 - Krasnoyarsk Regional Court 25/03/2021 (the appeal was lodged on 10/02/2021),

Tsentralnyy District Court of Krasnoyarsk 26/05/2021 - Krasnoyarsk Regional Court 27/07/2021 (the appeal was lodged on 31/05/2021);

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - On 29 occasions the applicant was held in a metal cage during the court hearings in the course of the criminal proceedings against him: Norilsk Town Court and Tsentralnyy District Court of Krasnoyarsk: from 04/11/2019 to 26/07/2021.

9041/21*

12/01/2021

Ivan Pavlovich YEZHOV

1987Ayndi Khamzatovich Isayev

Krasnoyarsk

03/04/2020 - pending

Kirovskiy District Court of Krasnoyarsk

Zheleznodorozhnyy District Court of Krasnoyarsk

Krasnoyarsk Regional Court

Fifth Appellate Court of General Jurisdiction

More than 1 year and 9 months and 25 days

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding;

failure to conduct the proceedings with due diligence during the period of detention

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kirovskiy District Court of Krasnoyarsk, Zheleznodorozhnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, Fifth Appellate Court of General Jurisdiction, since 07/04/2020;

Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long-term family visits;

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - refusal of long-term family visits. The applicant is in SIZO-1 Krasnoyarsk Region since 07/04/2020. He requested long-term visits on several occasions from the SIZO administration but to no avail; physical separation during short-term visits.

13046/21*

14/02/2021

Roman Nikolayevich TARASENKO

1987

16/11/2015 - pending

Arkhangelsk Regional Court,

Second Appeal Court

More than 6 years and 2 months and 12 days

failure to examine the possibility of applying other measures of restraint; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to conduct the proceedings with due diligence during the period of detention; fragility of the reasons employed by the courts

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of conditions of detention pending trial when the detention is currently ongoing;

Art. 3 - inadequate conditions of detention during transport - multiple transfers between the remand prison and the courthouse since 25/01/2017: inadequate temperature, lack of fresh air, overcrowding; the applicant is transported with 14 inmates while the maximum capacity of a prison van is 9 persons (0.3 sq. m. of personal space);

Art. 3 - inadequate conditions of detention - since 18/11/2015: overcrowding

(1-1,5 sq. m. of personal space), lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of privacy for toilet, lack of fresh air, infestation of cell with insects/rodents, insufficient number of sleeping places, sharing cells with inmates infected with contagious disease, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, passive smoking, lack of or insufficient physical exercise in fresh air.

15402/21*

07/03/2021

Aleksandr Alekseyevich KISELEV

1992Vyacheslav Vasilyevich Savin

Stavropol

22/07/2020 - pending

Leninskiy District Court of Stavropol

Stavropol Regional Court

More than 1 year and 6 months and 6 days

use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint