BURKOV v. RUSSIA and 39 other applications
Doc ref: 13567/13, 9352/21, 13036/21, 14407/21, 14426/21, 19458/21, 22929/21, 24421/21, 28516/21, 42906/21, 4... • ECHR ID: 001-224954
Document date: May 4, 2023
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Published on 30 May 2023
FOURTH SECTION
Application no. 13567/13 Vasiliy Vladimirovich BURKOV against Russia and 39 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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/or 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/or 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
13567/13*
16/02/2013
Vasiliy Vladimirovich BURKOV
1972Kurgan City Court, Kurgan Regional Court
24/02/2015
16/07/2014
24/02/2015
Art. 5 (3) - lack of relevant and sufficient reasons for detention - Charges of fraud, intentional bankruptcy and money laundering.
The applicant was held in detention during two periods: from 05/09/2011 to 20/12/2012 and from 16/07/2014 to 24/02/2015. In between he was released on bail.
Specific defects: fragility of the reasons used by the courts to extend the applicant’s detention; failure to examine alternative measures to detention; lack of due diligence on the part of the domestic courts.
9352/21*
17/05/2021
Yevgeniy Vladimirovich PETUKHOV
1988Tsentralniy District Court of Krasnoyarsk, Leninskiy District Court of Krasnoyarsk, Sverdlovskiy District Court of Krasnoyarsk
17/11/2020
10/04/2020
17/11/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
13036/21
25/01/2021
Maksim Vladislavovich POLSKIY
1992Krasnoyarsk Regional Court
12/11/2020
12/11/2020
12/11/2020
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
14407/21
01/02/2021
Sergey Aleksandrovich SVETTSOV
1979Justice of the Peace of the 2nd Court Circuit of the Dovolenskiy Court; District of the Novosibirsk Region, Dovolenskiy District Court of Novosibirsk Region
26/08/2020
03/02/2020
26/08/2020
14426/21*
15/02/2021
Ilya Olegovich SAFRONOV
1986Severodvinsk Town Court of the Arkhangelsk Region, Arkhangelsk Regional Court
06/01/2021
End date is unknown as the placement in a metal cage was still ongoing on the date of lodging the application with the Court
19458/21
20/08/2021
Dmitriy Sergeyevich SEMENOV
1988Oktyabrskiy District Court of Krasnoyarsk
05/03/2021
20/08/2020
05/03/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
22929/21
12/04/2021
Svyatoslav Leonidovich GREKHOV
1990Oktyabrskiy District Court of Arkhangelsk
10/02/2021
01/03/2020
10/02/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
24421/21*
06/05/2021
Abdul Vakhab Abazovich ISAYEV
1959Anatoliy Viktorovich KURAGIN
1977Vladimir Gennadyevich Dvoryak
Abakan
Abakan Town Court (both applicants), Supreme Court of the Republic of Khakassia (both applicants), Eighth Cassation Court
(Mr Kuragin)
17/11/2020
04/06/2019
17/11/2020
28516/21*
19/04/2021
Ilya Aleksandrovich SHAKURSKIY
1996Eldar Seifovich Garoz
Moscow
Privolzhskiy Circuit Military Court, Appellate Military Court
(The applicant was held in a glass cabin measuring less than 6 sq. m. in cramped conditions with six co-defendants)
20/10/2020
01/05/2019
20/10/2020
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - anonymised witness "Kabanov" described the applicant as a terrorist, but the applicant was deprived of an opportunity to examine the witness in person in the Privolzhskiy Circuit Military Court (see Asani v. the former Yugoslav Republic of Macedonia, 2018, § 37). Requests by the defence were ignored. The judgment was delivered on 10/02/2020.
Art. 6 (1) - lack of fair hearing - use of testimony of third persons who complained about ill-treatment and argued during the applicant’s trial that their pre-trial inculpating statements had been made under duress.
42906/21
15/12/2021
Aleksey Sergeyevich SALKOVSKIY
1979Tsentralniy District Court of Krasnoyarsk, Berezovskiy District Court of Krasnoyarsk, Leninskiy District Court of Krasnoyarsk
06/10/2021
21/05/2020
06/10/2021
43404/21
07/12/2021
Ivan Aleksandrovich KOKOVKIN
1985Ramenskoye Town Court of the Moscow Region
13/07/2021
14/06/2021
13/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
43953/21
16/08/2021
Yevgeniy Vladimirovich MELENTYEV
1977Justice of the Peace of the Oktyabrskiy Court District of Syktyvkar
16/07/2021
16/07/2021
16/07/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
44403/21
20/08/2021
Maksim Fernandovich BRUNO GARSIYA
1978Zubovo-Polyanskiy District Court of the Republic of Mordovia
24/05/2021
24/05/2021
24/05/2021
44404/21
23/08/2021
Pavel Aleksandrovich SITNIKOV
1977Pervomayskiy District Court of Kirov
16/07/2021
End date is unknown as the placement in a metal cage was still ongoing on the date of lodging the application with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
45366/21
24/08/2021
Alla Anatolyevna BORISOVA
1974Aleksandr Viktorovich Polonskiy
Volgograd
Voroshilovskiy District Court of Volgograd, Volgograd Regional Court
(participated in the latter court via the video link from the remand prison)
24/06/2021
06/12/2018
24/06/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - from IZ-1 Volgograd to IK-50 Krasnoyarsk Region between 11/08/2021 and 15/09/2021 (overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, 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).
46064/21
30/07/2021
Dmitriy Viktorovich KROKHIN
1984Usinsk Town Court of the Republic of Komi
25/05/2021
10/03/2021
25/05/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
46216/21*
30/07/2021
Vladimir Vitalyevich NIKIFOROV
1977Slobodskoy Court Circuit of the Ezhvinskiy District of Syktyvkar, Ezhvinskiy District Court of Syktyvkar
25/02/2021
26/10/2020
25/02/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
46506/21
23/08/2021
Maksim Aleksandrovich PETIN
1987Dovolenskiy District Court of Novosibirsk Region, Novosibirsk Regional Court
31/05/2021
02/06/2020
31/05/2021
48355/21
06/09/2021
Maksim Ivanovich BYRKANOV
1995Sosnogorsk Town Court of the Republic of Komi
16/04/2021
19/08/2020
16/04/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
48356/21
14/09/2021
Aleksey Yevgenyevich SHEMYAKIN
1991Fokinskiy District Court of Bryansk
30/06/2021
16/03/2021
30/06/2021
49635/21
08/11/2021
Andrey Aleksandrovich BAKSHAYEV
1982Sloboskoy District Court of the Kirov Region
13/10/2021
12/06/2021
13/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
49689/21
08/11/2021
Mikhail Vladimirovich ANTONOV
1974Kirovskiy District Court of Krasnoyarsk
14/10/2021
End date is unknown as the placement in a metal cage was still ongoing on the date of lodging the application with the Court
49940/21
21/02/2022
Aleksandr Vladimirovich BELYASHOV
1976Kirovskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
(participated in the hearings before the latter court via a video link from the remand prison)
18/11/2021
01/07/2021
18/11/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
50032/21*
13/12/2021
Aleksandr Mikhaylovich KHARIN
1978Justice of the Peace of the Vuktylskiy Court Circuit of the Republic of Komi, Vuktyl Town Court of the Republic of Komi
26/07/2021
26/04/2021
26/07/2021
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 detention during transport;
Art. 3 - inadequate conditions of detention during transport - van, single-prisoner cell,
0,5 sq. m. of personal space, 7 trips, duration 4-5 hours, transport involved ferry crossing, during the period:
26/04/-26/07/2021
50442/21
21/09/2021
Maksim Aleksandrovich VIDERGOLD
1981Oktyabrskiy District Court of Penza, Penza Regional Court
(via a video link from the correctional colony)
23/11/2021
14/04/2021
23/11/2021
50563/21
22/09/2021
Afanasiy Aleksandrovich VASILYEV
1976Dzerzhinskiy District Court of Novosibirsk, Novosibirsk Regional Court
(participated in the hearings before the latter court via video link from the detention facility)
14/04/2021
05/03/2020
14/04/2021
51382/21
15/03/2022
Andrey Yuryevich YEFIMOV
1984Starorusskiy District Court of the Novgorod Region
10/02/2022
End date is unknown as the placement in a metal cage was still ongoing on the date of lodging the application with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
52784/21
23/09/2021
Yevgeniy Andreyevich ABRAMENKO
1993Tatarskiy District Court of the Novosibirsk Region
24/06/2021
13/01/2021
24/06/2021
56659/21
27/12/2021
Aleksandr Nikolayevich PONOMAREV
1978Chitinskiy District Court of the Zabaykalsk Region
15/09/2021
05/11/2020
15/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
60209/21*
25/11/2021
Aleksey Aleksandrovich GORELOV
1981Moscow City Court
27/05/2021
29/04/2021
27/05/2021
1094/22*
19/11/2021
Sergey Valentinovich KHAYLOV
1986Andrey Golubenko
Nea Skioni
The Second Appeal Court of General Jurisdiction (by way of a video link)
14/09/2021
14/09/2021
14/09/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
9751/22*
14/01/2022
Valeriy Anatolyevich POLOVINKIN
1961Sabir Akber Ogly Mamedov
St Petersburg
Primorskiy District Court of St Petersburg, Vsevolozhsk Town Court of the Leningrad Region, Leningrad Regional Court
22/11/2021
23/01/2020
22/11/2021
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 facilities;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IVS Vsevolozhsk Town of the Leningrad Region (between 11/02/2021 and 22/12/2021)
9968/22
15/01/2022
Aleksandr Yevgenyevich ASEYEV
1984Novokuybyshevsk Town Court of the Samara Region
18/11/2021
18/11/2021
18/11/2021
12147/22
24/01/2022
Bogdan Romanovich SPITSYN
1985Priluzskiy District Court of the Republic of Komi
20/10/2021
18/06/2021
20/10/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
12702/22*
03/02/2022
Vadim Nikolayevich YELKIN
1992Oktyabrskiy District Court of Kirov,
Leninskiy District Court of Kirov
15/12/2021
28/09/2021
15/12/2021
12703/22
12/01/2022
Vladimir Mikhaylovich BUMBU
1989Onega Town Court of the Arkhangelsk Region
(by way of a video link from the correctional colony)
21/12/2021
25/11/2021
21/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
13786/22*
10/02/2022
Yaroslav Nikolayevich POLIIT
1991Pervomayskiy District Court of Kirov
16/12/2021
24/08/2021
16/12/2021
Art. 3 - inadequate conditions of detention during transport - van, 0.5 m x 0.8 m single-prisoner cubicle, lack of seat belts, no or restricted access to toilet, lack of fresh air
13868/22
18/02/2022
Konstantin Petrovich IVCHENKO
1970Andrey Albertovich Bityutskiy
Khabarovsk
Pozharskiy District Court of the Primorye Region
09/02/2022
24/06/2020
09/02/2022
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
13971/22
02/02/2022
Eduard Yevgenyevich FILIPPOV
1978Ukhta Town Court of the Republic of Komi, Sosnogorsk Town Court of the Republic of Komi
03/12/2021
20/10/2021
03/12/2021
Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings
13973/22
14/02/2022
Denis Vyacheslavovich PROKHOROV
1982Bolotninskiy District Court of the Novosibirsk Region
19/11/2021
22/05/2021
19/11/2021