Published on 27 March 2023

THIRD SECTION

Application no. 22083/19 Yuriy Sergeyevich ILYICHEV 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 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

22083/19*

08/04/2019

Yuriy Sergeyevich ILYICHEV

1990IK-25 Komi Republic

04/09/2017 - pending

detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room

Art. 13 - lack of any effective remedy in domestic law to complain about inadequate conditions of transport and permanent video surveillance

Art. 3 - inadequate conditions of detention during transport - poor conditions of transport (train and van) on 05/03/2019 and 11/03/2019; Specific grievances: overcrowding, no access to toilet, no access to potable water, lack of fresh air; each transfer lasted 4 hours; 7 inmates were placed in a train compartment measuring 1.9 m by 1.8 m (0,48 sq.m. per person)

31099/19*

15/05/2019

Mikhail Valeryevich KUZNETSOV

1970IK-5 Krasnoyarsk Region

19/12/2009 - 02/07/2021

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

15104/20*

02/03/2020

Household

Cheslav Cheslavich POPOV

1982Lina Cheslavna ALEKSEYEVA

2013Lev Cheslavich POPOV

2016IVS Krasnoyarsk Region

17/05/2018 - 19/12/2019

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

Art. 8 (1) - restrictions on family visits in pre-trial facilities - The applicant has been detained in SIZO-1 Krasnoyarsk since 09/05/2017. Physical separation and supervision during short-term family visits, refusal of long-term family visits with his wife (until 19/05/2020 (divorce)) and three children

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. 13 - lack of any effective remedy in domestic law - in respect of refusals of long-term visits in pre-trial detention

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings at the Krasnoyarsk Regional Court during 18/02/2019-05/09/2019

24308/21

14/04/2021

Georgiy Romanovich BABAYAN

1990IK-29 Komi Republic

IK-31 Komi Republic

24/08/2019 - 28/11/2020

29/11/2020 - 01/09/2021

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 and in respect of allocation to a remote detention facility

Art. 8 (1) - allocation or transfer to a remote penal facility irrespective of family life considerations - The applicant has been serving a prison sentence in IK-29 and IK ‑ 31 in Komi Republic which is approximately 3,500 km away from the Stavropol Region where his parents reside

25906/21*

28/04/2021

Roman Andreyevich VOLKOV

1978Andrey Yevgenyevich Golubenko

Krasnodar

SIZO-1 Tomsk

29/12/2017 - 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 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage during the hearings in the Leninskiy District Court of Tomsk from 20/01/2020 to 19/04/2021

Art. 3 - inadequate conditions of detention - Inadequate conditions of detention in SIZO ‑ 1, Tomsk, since 29/07/2017 (2,5 sq. m of personal space, inadequate temperature, lack of fresh air, lack of privacy for toilet, lack of requisite medical assistance, mouldy or dirty cell, overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower, constant electric light)

Art. 8 (1) - restrictions on family visits in pre-trial facilities - physical separation and supervision during short-term family visits and no possibility to have long-term family visits in SIZO-1, Tomsk, since 29/12/2017

35438/21*

01/06/2021

Maksim Vladimirovich TSVIGUNOV

1982SIZO-1 Komi Republic

06/2020 - 04/2021

detention in different cells with video surveillance, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law in respect of the complaints under Articles 3 and 8

Art. 3 - inadequate conditions of detention during transport - train, van; from 27/07/2021 to 28/07/2021 (12 hours); Specific grievances: insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, overcrowding, lack of or insufficient electric light.

41484/21*

27/07/2021

Ilya Valeryevich KAZNACHEYEV

1974IK-8 Komi Republic

24/10/2019 - 23/06/2021

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - from 14/04/2021 to 09/07/2021, Murmansk Regional Court, the applicant was placed in a metal cage when participating in court hearings by means of a video link

58843/21*

01/11/2021

Ruslan Aleksandrovich OSIPOV

2001SIZO-1 Komi Republic

23/04/2020 - 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