KASHUBA v. RUSSIA and 46 other applications
Doc ref: 56247/15, 4707/16, 50477/16, 15951/17, 25006/17, 75975/17, 76908/17, 80915/17, 4794/18, 10606/18, 38... • ECHR ID: 001-224342
Document date: March 30, 2023
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Published on 24 April 2023
FOURTH SECTION
Application no. 56247/15 Viktor Petrovich KASHUBA against Russia and 46 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 March 2023, 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 3 of the Convention relating to use of metal cages and other security arrangements in courtrooms which are the subject of well-established case law of the Court (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention (use of metal cages and other security arrangements in courtrooms)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the court
Date of the relevant judgment
Start date
End date
Other complaints under well-established case-law
56247/15*
05/11/2015
Viktor Petrovich KASHUBA
1964Vladimir Mikhaylovich Ivannikov
Kursk
Kursk Regional Court
(by video link from the remand prison where the applicant was placed in a cage
13/05/2015
13/05/2015
13/05/2015
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
4707/16*
28/12/2015
Anton Vladimirovich BORDOVSKIY
1966Mikhail Aleksandrovich Osherov
Moscow
Presnenskiy District Court of Moscow, Moscow City Court (By video link from SIZO-2 Moscow)
28/11/2017
30/07/2015
28/11/2017
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was arrested by the police at 8 a.m. on 03/06/2015. An arrest record was drawn up seventeen hours later, at
1 a.m. on 04/06/2015.
50477/16*
22/08/2016
Mikhail Aleksandrovich LEONTYEV
1984Lyudmila Ivanovna Romanchenko
Moscow
Supreme Court of Russia (by video link from the remand prison while being placed in a metal cage)
24/03/2016
24/03/2016
24/03/2016
15951/17*
15/02/2017
Aleksandr Tarielyevich TABUTSADZE
1992Sergey Viktorovich Pugachev
Moscow
Moscow Regional Court (by way of video link)
16/08/2016
26/12/2015
16/08/2016
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
25006/17*
11/03/2017
Yuriy Vladimirovich ALDOKHIN
1968Chelyabinsk Regional Court
12/09/2016
04/09/2015
12/09/2016
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
75975/17*
13/10/2017
Larisa Dmitriyevna DUBINA
1959Sergey Vladimirovich Zlobin
Moscow
Volgograd Regional Court(by way of a video link from the remand prison)
17/04/2017
17/04/2017
17/04/2017
76908/17*
17/10/2017
Aleksandr Viktorovich DUBOVITSKIY
1964Aleksey Nikolayevich Laptev
Moscow
Volgograd Regional Court (by way of video link from the remand prison)
19/04/2017
19/04/2017
19/04/2017
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
80915/17*
28/10/2017
Aleksandr Vitalyevich PROTOPOPOV
1961Aleksey Anatolyevich Vasilyev
Izhevsk
Syktyvkar City Court of the Komi Republic, the Supreme Court of the Komi Republic
03/08/2017
14/01/2016
03/08/2017
4794/18*
17/01/2018
Maksim Alekseyevich VOLKOV
1990Vladislav Nikolayevich Polikarkin
Moscow
Moscow City Court
02/08/2017
28/02/2017
02/08/2017
Art. 6 (1) - entrapment by State agents - The investigating authority took the initiative to contact the applicant through an undercover agent, the applicant’s acquaintance D. The latter sent the applicant 6 SMS messages complaining of withdrawal symptoms and called him asking to buy 2 gr of amphetamine for him, the applicant thus argues that he has been incited by the authorities to commit a crime;
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
10606/18*
22/02/2018
Aleksandr Aleksandrovich GUSHCHIN
1979Kirovskiy District Court of Yekaterinburg (confinement in a glass cabin with a personal space of <0.4 sq. m, and in extreme temperatures during summer; lack of fresh air)
27/12/2017
06/04/2017
27/12/2017
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
3857/19*
17/12/2018
Fatima Kazbekovna NAYFONOVA
1979Kseniya Yevgenyevna Bezrukova
Moskow
Moscow City Court
(placement in a glass cabin, in the following conditions: overcrowding, insufficient space, lack of fresh air, on more than 25 occasions)
26/01/2018
26/06/2018
Art. 3 - inadequate conditions of detention during transport - van, from 26/01/2018 to 26/06/2018, overcrowding, lack of fresh air, passive smoking; less than 0.6 sq. m. per inmate in a van, insufficient light;
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 inadequate conditions of transportation of the applicant.
24983/19*
10/04/2019
Ivan Yuryevich MANKOVSKIY
1992Svetlana Petrovna Mankovskaya
Krasnoyarsk
Sovetskiy District Court of Krasnoyarsk (glass cabin, overcrowding, 8 co-defendants contained in the glass cabin designed for 4 defendants, insufficient number of seats, poor ventilation inside the cabin)
24/12/2018
21/09/2018
24/12/2018
29009/19*
22/05/2019
Aleksey Borisovich NOVIKOV
1983Aleksey Mikhaylovich Urlashov
St Petersburg
Petrogradskiy District Court of St Petersburg, St Petersburg City Court
07/02/2019
23/10/2017
07/02/2019
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 inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - van, transit cell from 23/10/2017 to 20/03/2019; 0.3 sq. m, overcrowding, applicant transported on numerous occasions, inadequate temperature, passive smoking.
36322/19
01/07/2019
Nikolay Leontyevich PONYATOVSKIY
1964Surgut City Court
09/04/2019
13/10/2018
09/04/2019
37228/19*
25/06/2019
Vladimir Vladimirovich PROKHORTSEV
1987Primorskiy District Court of St Petersburg
18/04/2019
10/04/2018
18/04/2019
Art. 3 - inadequate conditions of detention during transport - by prison van, from IZ-47/1 - Primorskiy District Court of St Petersburg, multiple occasions between 10/04/2018 and 18/04/2019;
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 inadequate conditions of transport.
37365/19
26/06/2019
Sergey Yuryevich TOMILIN
1983Tsentralniy District Court of Tyumen
25/03/2019
25/09/2018
25/03/2019
38138/19*
05/07/2019
Yekaterina Sergeyevna KOVALEVA
1990Vladimir Gennadyevich Dvoryak
Abakan
Abakan Town Court;
Supreme Court of the Republic of Khakassia
15/10/2018
05/08/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
38403/19
10/07/2019
Maksim Vladimirovich POLIKARPOV
1976Leninskiy District Court of Tambov
26/06/2019
26/06/2019
26/06/2019
39033/19*
10/07/2019
Aleksandr Alekseyevich ALEKSEYEV
1992Vitaliy Olegovich Yefimov
Cheboksary
Leninskiy District Court of Cheboksary
17/01/2019
Supreme Court of the Republic of Chuvashia
(by video link from the remand prison)
03/04/2019
03/10/2018
03/04/2019
17/01/2019
03/04/2019
46043/19
19/08/2019
Aleksandr Aleksandrovich KOMAROVSKIKH
1980Ust-Vymskiy District Court of the Republic of Komi
27/03/2019
27/03/2019
27/03/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
50701/19*
18/09/2019
Denis Savelyevich ZDOROVTSOV
1978Denis Sergeyevich Egle
Krasnoyarsk
Leninskiy District Court of Novosibirsk, Novosibirsk Regional Court
29/07/2019
13/05/2019
29/07/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
54754/19*
21/09/2019
Ivan Sergeyevich FADEYEV
1984Roman Nikolayevich Petrov
Cheboksary
Domodedovo Town Court of the Moscow Region
11/04/2019
04/02/2019
11/04/2019
Art. 3 - inadequate conditions of detention during transport - transport by van and train; from 20/05/2019 to 01/07/2019; less than 0.4 sq. m of personal space; inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities;
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 inadequate conditions of transport.
55703/19*
08/10/2019
Aleksandr Pavlovich SHTRUMBERGER
1983Abakan Town Court of the Republic of Khakassia
16/07/2019
17/05/2019
16/07/2019
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 inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport – on 08/08/2019-09/08/2019, transport by train lasting for around 20 hours; passive smoking, lack of sleeping places, lack of fresh air, no or restricted access to potable water, lack of privacy for toilet.
57542/19*
22/10/2019
Vadim Andreyevich KHARITONOV
1993Natalya Stepanovna Sudarikova
Severodvinsk
Severodvinsk Town Court, Arkhangelsk Regional Court
11/03/2020
27/10/2017
11/03/2020
64754/19*
29/11/2019
Aleksey Sergeyevich DZHIGAYLO
1992Moskovskiy District Court of St Petersburg
19/07/2019
11/07/2019
19/07/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
2083/20
07/12/2019
Ivan Ivanovich KALINA
1980Aleksey Mikhaylovich Urlashov
St Petersburg
Vsevolzhsk Town Court of the Leningrad Region, Leningrad Regional Court, video link from IK-4, Leningrad Region
15/08/2019
24/04/2018
15/08/2019
24936/20*
31/05/2020
Yuriy Vasilyevich VASYUKOV
1966Kaluga Regional Court (by way of video link)
05/12/2019
05/12/2019
05/12/2019
Art. 3 - inadequate conditions of detention during transport - train, van form 23/01/2020 to 11/02/2020, applicant transported on numerous occasions, bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food.
27102/20*
25/05/2020
Pavel Nikolayevich GRISHANIN
1971Knyazhpogostskiy District Court of the Republic of Komi, Supreme Court of the Republic of Komi
14/10/2019
15/05/2017
14/10/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
27114/20*
01/02/2021
Larisa Ildarovna KHALITOVA
1985Sovetskiy District Court of Chelyabinsk
18/09/2019
18/09/2019
On-going placement in a metal cage on the date when the application was lodged with the Court
27291/20*
12/03/2020
Yan Dmitriyevich KOVALEVSKIY
1995Marina Aleksandrovna Belinskaya
St Petersburg
Krasnoselskiy District Court of St Petersburg
12/09/2019
03/04/2017
12/09/2019
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
46141/20*
24/02/2021
Anton Yuryevich GOLUBKOV
1987Sverdlovskiy District Court of Krasnoyarsk
13/12/2019
02/09/2020
14/01/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
46153/20*
11/05/2021
Yuliya Valeryevna VAKHRUSHEVA
1989Traktorozavodskiy District Court of Chelyabinsk
17/07/2020
On-going placement in a metal cage on the date when the application was lodged with the Court
48160/20*
07/10/2020
Yevgeniy Sergeyevich OSETROV
1989Vorkuta Town Court of the Republic of Komi
31/08/2020
21/02/2020
31/08/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
53405/20
05/03/2021
Vladimir Anatolyevich GAFAROV
1984Ayndi Khamzatovich Isayev
Krasnoyarsk
Zheleznodorozhniy District Court of Krasnoyarsk
08/09/2020
26/08/2020
08/09/2020
54562/20
19/01/2021
Aleksandr Anatolyevich ANTONOV
1973Sverdlovskiy District Court of Krasnoyarsk, Tsentralniy District Court of Krasnoyarsk
-
07/02/2019
29/10/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
3328/21*
08/12/2020
Igor Andreyevich CHUPROV
1991Oktyabrskiy District Court of Arkhangelsk
-
30/07/2019
09/09/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
3834/21*
02/12/2020
Dmitriy Olegovich KANATCHIKOV
1990Sergey Eduardovich Pavlov
Cheboksary
Moskovskiy District Court of Cheboksary, Supreme Court of the Republic of Chuvashia
03/06/2020
13/02/2020
03/06/2020
4528/21
12/03/2021
Aleksey Viktorovich DERNOV
1988Kirovsky District Court of Novosibirsk, Novosibirsk Regional Court (by way of video link from the remand prison)
13/11/2020
13/06/2019
13/11/2020
7298/21*
29/12/2020
Karen Gagikovich SARGSYAN
1987Dmitriy Aleksandrovich Ustyuzhaninov
St Petersburg
St Petersburg City Court
(confinement in glass cabins with 8-9 co-defendants: 0.63 sq. m. of personal space (hearing rooms nos. 21, 38, 48, 58, 68); extreme overcrowding, lack of fresh air, extreme temperatures)
-
18/12/2019
On-going placement in a metal cage on the date when the application was lodged with the Court
Art. 5 (3) - lack of relevant and sufficient reasons for detention - Fragility of the reasons employed by the courts, collective detention orders, 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. Detention since 06/04/2018 and on-going on the date when the application was lodged with the Court.
Moskovskiy District Court of St Petersburg;
St Petersburg City Court; Second Appeal Court of general jurisdiction.
7564/21
15/03/2021
Chechen Savelyevich OGLY
1989Leninskiy District Court of Novosibirsk
05/10/2020
05/10/2020
05/10/2020
7993/21*
10/09/2021
Pavel Vladimirovich PLATONOV
1984Talmenskiy District Court of the Altay Region
08/06/2021
08/06/2021
08/06/2021
8208/21
20/09/2021
Anton Valeryevich USOV
1990Oktyabrskiy District Court of Krasnoyarsk
07/04/2021
16/07/2020
07/04/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.
8800/21
11/01/2021
Dmitriy Konstantinovich VARAVKA
1982Oktyabrskiy District Court of Krasnoyarsk
16/07/2020
07/08/2019
16/07/2020
Art. 8 (1) - restrictions on family visits in pre-trial facilities - refusals of long-term family visits from the applicant’s live-in partner and children in the SIZO-1 Krasnoyarsk, 25/02/2019 - pending; restrictions during short-term visits (physical separation);
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.
9049/21
12/01/2021
Maksim Gennadyevich TYURIN
1973Ayndi Khamzatovich Isayev
Krasnoyarsk
Leninskiy District Court of Krasnoyarsk
14/07/2020
15/03/2020
14/07/2020
19698/21*
16/03/2021
Anton Valeryevich USENKO
1971Valeriy Vladimirovich Shukhardin
Moscow
Tverskoy District Court of Moscow, Moscow City Court (in both courts confinement in a glass cabin, with the applicant suffering from the lack of ventilation, extreme temperatures leading to the applicant suffering from shortness of breath and the need to call ambulance)
17/09/2020
20/09/2018
17/09/2020
Art. 6 (3) (c) - own choice of legal assistance - No possibility to confer privately with the lawyer resulting from the use of securing arrangement. Complaint raised during the trial and on appeal.
25111/21*
29/04/2021
Sabukhi Agakerimovich MURADKHANOV
1986Dmitriy Aleksandrovich Semyanovskiy
Astrakhan
Astrakhan Regional Court (by way of video link from the detention facility), Trusovskoy District Court of Astrakhan
14/01/2021
04/06/2020
14/01/2021
9328/22
10/01/2022
Andrey Vladimirovich BOROVIKOV
1988Leonid Leonidovich Krikun
St Petersburg
Arkhangelsk Regional Court; video link from SIZO-1, Kirov Region
15/07/2021
Third Cassation Court; video link from SIZO-4, Arkhangelsk Region
23/12/2021
15/07/2021
23/12/2021
15/07/2021
23/12/2021