Published on 27 March 2023

THIRD SECTION

Application no. 41090/18 Andrey Igorevich RESIN against Russia and 6 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 8 § 1 of the Convention relating to permanent video surveillance of detainees in pre-trial or post-conviction detention facilities which are the subject of well ‑ established case law of the Court (see Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 8 § 1 of the Convention (permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Detention facility

Period of detention

Specific circumstances

Other complaints under

well-established case-law

41090/18*

17/08/2018

Andrey Igorevich RESIN

1974Tatyana Robertovna Yesina

Sevastopol

IK-6 Khabarovsk Region

01/10/2017 – pending

opposite-sex operators

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Multiple proceedings in various courts (Kirovskiy District Court of Khabarovsk, Industrialnyy District Court of Khabarovsk, Amursk Town Court of the Khabarovsk Region, Khabarovsk Regional Court, Kuybyshevskiy District Court of Irkutsk, Angarsk Town Court, Irkutsk Regional Court, Verkh-Isetskiy District Court of Yekaterinburg, Moscow City Court, First Appellate Court, Ninth Cassation Court, Supreme Court of the Russian Federation) between 16/01/2020 and 31/07/2020

Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings

21641/19*

29/03/2019

Yevgeniy Viktorovich PROSVETOV

1976IK-5 Vologda Region

IK-6 Khabarovsk Region

17/12/2015 – 13/10/2018

17/11/2018 – pending

opposite-sex operators, video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities

58623/19*

06/12/2019

Petr Nikolayevich KOROLEV

1993IK-31 Komi Republic

27/03/2021 – 06/08/2021

05/09/2021 – pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of conditions of detention during transport

Art. 3 - inadequate conditions of detention during transport:

(1) van (0.2 m2 per inmate), train (0.4 m2 per inmate) on 27/03/2021 (8 hours), overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, lack or insufficient quantity of food, lack or inadequate furniture, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet

(2) train, van, on 06/08/2021 and 05/09/2021, 0,3 sq. m. per inmate, lack of fresh air, no or restricted access to toilet, overcrowding, lack of or insufficient natural light, lack of or insufficient electric light

18132/20

01/04/2020

Roman Yuryevich IGNATOV

1989IK-25 Komi Republic

15/11/2017 – pending

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities

Art. 3 - inadequate conditions of detention during transport - transport by van and train, form 01/12/2019 to 02/12/2019; overcrowding (0.4 to 0.5 sq.m.), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen; no or restricted access to toilet, lack of privacy for toilet; no or restricted access to potable water, inadequate temperature

33775/20*

17/07/2020

Nikolay Vladimirovich MOROZOV

1986IK-25

Komi Republic

18/01/2016 – pending

opposite-sex operators, video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities

Art. 3 - inadequate conditions of detention after conviction - IK-25 Komi Region, since 01/01/2016, personal space less than 1 sq.m, detained with 40 inmates

15112/21*

25/02/2021

Aleksey Sergeyevich SHATALOV

1983IK-6 Khabarovsk Region

09/12/2017 – pending

video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of permanent video surveillance in detention

Art. 3 - inadequate conditions of detention - The applicant is a lifer; he complains about lack of access to natural light, unavailability of natural or forced ventilation, absence of warm water in the cell, to which he is confined 22.5 hours per day. The cell measure 6 sq.m. and houses 2 inmates

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - On multiple occasions between 06/03/2019 and 19/01/2021, the applicant was placed in a metal case when participating in civil proceedings by means of a video link; Prokhladnenskiy District Court; Stavropol Regional Court; Oktyabrskiy District Court; Pyatigorsk Town Court

15727/21*

22/01/2021

Oleg Nikolayevich VESELENKO

1977LIU-37 Krasnoyarsk Region, brigade no. 4

03/08/2020 – 07/05/2021

opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport - and in respect of permanent video surveillance in LIU-37, Krasnoyarsk Region

Art. 3 - inadequate conditions of detention during transport - Since 17/10/2020; transfers from the correctional colony to a farm and back (work); six times per week, van, 6 sq.m. (two compartments measuring 6 sq.m. in total, housing from 28 to 45 persons. No heating, while the outside temperature was below 30 degrees