Published on 30 May 2023

THIRD SECTION

Application no. 12205/18 Sergey Aleksandrovich PONOMAREV against Russia and 44 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 8 § 1 of the Convention relating to restrictions on family visits in pre-trial detention facilities which are the subject of well-established case law of the Court (see Andrey Smirnov v. Russia, no. 43149/10, §§ 35-57, 13 February 2018, Resin v. Russia, no. 9348/14, 18 December 2018, Chaldayev v. Russia, no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020 and Mukhametov and others v. Russia, nos. 53404/18 and 3 others, 14 December 2021).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 8 § 1 of the Convention (restrictions on family visits in pre-trial detention facilities)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Detention facility

Type of restriction

Other relevant information

Other complaints under well-established case-law

12205/18*

09/02/2018

Sergey Aleksandrovich PONOMAREV

1978SIZO-2 Moscow

refusal of long-term family visits

The applicant was detained in a remand prison between March 2014 and 19/12/2017

13413/18*

07/03/2018

Andrey Yuryevich KULEV

1977SIZO-2 Volgograd Region

limitation on the frequency of short-term family visits, physical separation and supervision during short-term family visits, refusal of long-term family visits

10/06/2017 – ongoing on the date when the application was lodged with the Court

18894/18*

05/04/2018

Yevgeniy Anatolyevich GUSEV

1983SIZO-2

Vologda Region, SIZO-3

Vologda Region

limitation on the frequency of short-term family visits, limitation on the length of short-term family visits, glass partition, poor quality of phone lines, refusal of long-term family visits, lack of ventilation

On many occasions the applicant had short-term visits. On 12/05/2017 a court authorised a long-term visit, but the SIZO-3 administration refused to provide it. The period concerned ends on 15/04/2018 when the applicant left SIZO-3 Vologda Region

Art. 3 - inadequate conditions of detention during transport - 14/03/2012-07/12/2017 and 14/04/2018-24/04/2018, multiple transfers between to/from the courthouse pending criminal proceedings (conditions of transport and detention in a holding cell in the courthouse): transfers in a single-occupancy compartment in a prison van, lack of fresh air, overcrowding

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

26925/18*

08/05/2018

Vladislav Ravilevich NIZAMUTDINOV

1971SIZO-1 Republic of Tatarstan

refusal of long-term family visits, refusal of short-term family visits

the period at least until 11/12/2018

40655/18

22/07/2018

Albina Niyazovna GABBAZOVA

1986SIZO-1 in St Petersburg and Leningrad Region

refusal of short-term family visits

the applicant is a partner of a detainee; she repeatedly requested a visit since 26/01/2018, but to no avail. She appealed against the refusal under Art. 125 of the Code of the Criminal Procedure and on 22/05/2018, the St Petersburg City Court upheld the refusal

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

4881/19

25/12/2018

Nikita Vladimirovich SAMOYLENKO

1997SIZO-1 Kazan

limitation on the frequency of short-term family visits

Limitation on the frequency of short-term family visits between 18/07/2017 and 07/09/2018 (during the proceedings in the court of appeal)

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

5291/19*

26/12/2018

Aleksey Leonidovich UDOVIK

1972SIZO-1 Arkhangelsk Region

physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits

The applicant has been in pre-trial detention since 2015, mother, daughter and brother were allegedly prohibited from visiting him in 2015-2016. Scarce documents. It appears that since 2016, when the case was transferred to the trial court, the ban was upheld only in respect of his mother: the applicant was denied phone calls and visits from her, because at some point during the trial he passed her a letter, stating his view on his criminal prosecution.

8739/19

01/02/2019

Aleksandr Dmitriyevich POLKOVNIKOV

1989Aleksandr Vasilyevich Artamonov

Moscow

SIZO-5 Moscow Region

refusal of short-term family visits

On 04/08/2018 the applicant’s counsel requested a short-term visit for the applicant’s mother. On 06/07/2018 the investigator refused. The applicant challenged the refusal under the CAS and under Article 125 of the Code of Criminal Procedure but to no avail.

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

21927/19

02/04/2019

Zinaida Timofeyevna YUSHKINA

1960SIZO-3 Volgograd Region,

refusal of any type of family visits (up until 2019), physical separation and supervision during short-term family visit provided in 2019 (following a decision of 24/12/2018)

the applicant is a mother of a detainee, 02/11/2017 - 19/03/2019

Art. 13 - lack of an effective remedy against refusals of short-term family visits - in relation to refusal of family visits in pre-trial detention facility up until 2019 and restrictions on such visits (physical separation) in 2019

30417/19

20/05/2019

Artur Anatolyevich VALOV

1987SIZO-1 Tatarstan Republic

refusal of short-term family visits

Between 25/04/2018 and 22/02/2019 the applicant was refused visits from his wife without any explanation. He challenged at least one of the refusals under Article 125 (first cassation appeal of 18/01/2019), his complaints we refused.

32238/19

07/06/2019

Mikhail Olegovich YEZHAKOV

1983Oksana Vladimirovna Preobrazhenskaya

Strasbourg

SIZO-8 Sergiyev ‑ Posad

refusal of any type of family visits

no visits allowed for the applicant’s mother, 14/09/2018-22/04/2019

Art. 13 - lack of an effective remedy against refusals of short-term family visits - in pre-trial detention facility

43888/19*

03/08/2019

Renat Gumarovich GALIMOV

1987SIZO-1 Kazan

refusal of long-term family visits

The applicant was held in pre-trial detention and requested a visit from his mother and wife (dd 10/12/2018). On 20/12/2018, the investigator refused. The applicant appealed against the decision. On 22/01/2019 the Vakhitovskiy District Court dismissed his claims. The applicant requested a visit and appealed several times. The latest: investigator’s refusal dated 22/03/2019; Vakhitovskiy District Court, 09/04/2019; Supreme Court of the Republic of Tatarstan, 21/05/2019.

Art. 13 - 1 - lack of any effective remedy in domestic law in respect of refusal of long-term family visits

57826/19*

05/11/2019

Dmitriy Aleksandrovich BEK

1992Oksana Vladimirovna Preobrazhenskaya

Strasbourg

SIZO-1 Krasnodar

physical separation and supervision during short-term family visits, refusal of long-term family visits

The applicant was detained in SIZO-1 Krasnodar from 16/06/2017 to 28/09/2019. On 04/10/2019, the applicant was transferred to the correctional facility, following his conviction. Family members: wife and son.

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) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Krasnodar, 16/03/2017 to 28/09/2019, opposite-sex operators

Art. 13 - lack of any effective remedy in domestic law - in respect of restrictions on visits in remand prisons

64521/19

29/11/2019

Islam Magomed-Salyakhovich BIGAYEV

1994Khava Lomelyevna TASUYEVA

1975Sergey Aleksandrovich Minenkov

Moscow

IZ-4 Moscow

refusal of family visits

The applicants are the wife and a son of B., who has been a defendant in criminal proceedings and has been in pre-trial detention since 29/03/2019. On 29/05/2019 B.’s counsel submitted an application for a family visit on behalf of the applicants. On the same day the investigator refused the request stating, inter alia, that B. could use the visit to obstruct the investigation and that the investigator had discretion to authorise visits but was not obliged to do so. On 29/08/2019 the Tverskoy District Court of Moscow dismissed the applicants’ complaint.

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

5191/20*

20/12/2019

Aleksandr Viktorovich YERKHOV

1983Yekaterina Vladimirovna YERKHOVA

1990Viktor Aleksandrovich YERKHOV

1960Nadezhda Ivanovna YERKHOVA

1960Olga Germanovna Podoplelova

Moscow

IZ-4 Rostov-on-Don

refusal of any type of family visits

the applicants are a detainee (in pre-trial detention since 02/02/2019), his parents and wife

Art. 13 - lack of an effective remedy against refusals of short-term family visits - in respect of refusals of family visits in pre-trial detention facility

5879/20*

16/01/2020

Tatyana Vasilyevna KORABELNIKOVA

1964Sergey Vasilyevich Brovchenko

Moscow

SIZO-5,

Moscow

refusal of short-term family visits

The applicant is a wife of a detainee. Refusals of short-term family visits on 04/12/2018, 13/12/2018, 21/12/2018, 31/01/2019. On 27/03/2019 the Basmannyy District Court of Moscow dismissed the applicant’s complaint (upheld on appeal on 17/07/2019, Moscow City Court).

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

6588/20*

17/01/2020

Yelena Yevgenyevna GUSAKOVA

1956SIZO-1

St Petersburg

refusal of long-term family visits

The applicant is a detainee’s mother.

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

8864/20*

03/02/2020

Viktoriya Viktorovna SKRIPNIK

1985SIZO-1

St Petersburg

refusal of short-term family visits

09/02/2019 - 15/10/2019. At the relevant time the applicant was a fiancée of a detainee. She was also a witness in his criminal case. Her visits to the pre-trial detention facility were refused based on the fact that her communication with the accused could influence the investigation. The visits were refused for at least a year, which appears to be excessive, even though she is a witness in the case.

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

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

9971/20*

04/02/2020

Ramil Ravilevich ABDULLIN

1986SIZO-5 Tatarstan Republic

refusal of short-term family visits

Refusal of visits of a partner; Grounds for refusal to provide visits: no registered marriage, the applicant’s unwillingness to admit his guilt and to co-operate with the investigation. Attempts to challenge the refusals in courts were to no avail.

13147/20

25/02/2020

Daniil Timurovich AKBEROV

1997SIZO-2 Moscow, SIZO-5 Moscow, SIZO-2 Kaluga Region, SIZO-1 Yaroslavl Region, SIZO-1 Republic of Tatarstan

physical separation and supervision during short-term family visits, refusal of long-term family visits, impossibility of phone communications

The applicant’s father remained in pre-trial detention facilities till 17/11/2019.

Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of long terms visits

25909/20*

11/06/2020

Irina Anatolyevna ANIKEYEVA

1956SIZO-1 Arkhangelsk Region

refusal of long-term family visits, physical separation and supervision during short-term family visits

The applicant is a detainee’s mother

Art. 13 - lack of an effective remedy against refusals of short-term family visits - without the glass barrier and of long terms visits

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

27083/20*

19/03/2020

Yelena Anatolyevna VYSOTSKAYA

1970Denis Yuryevich VYSOTSKIY

1989Aleksandr Vladimirovich Kiryanov

Taganrog

SIZO-2, Rostov Region

refusal of long-term family visits

the applicant is the mother of a detainee, 11/11/2019-22/02/2020

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

32403/20*

07/06/2020

Yevgeniya Victorovna ANIKEYEVA

1982SIZO-1 Arkhangelsk Region

physical separation and supervision during short-term family visits, refusal of long-term family visits

The applicant is the wife of detainee

Art. 13 - lack of an effective remedy against refusals of short-term family visits and in respect of long-term visits

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 visit

34205/20*

22/07/2020

Vasiliy Vyacheslavovich DVIRNIK

1990SIZO-5 Moscow

SIZO-1 Tatarstan Republic

SIZO-5 Tatarstan Republic

physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits

From 29/10/2015 to 11/02/2021

From 2018 to 2020 there was a limitation on the frequency of the short-term visits (partner and child).

2658/21

17/12/2020

Svetlana Petrovna MIROSHNICHENKO

1980SIZO-1 Republic of Mordovia

refusal of short-term family visits

The applicant is a detainee’s wife. He has been in pre-trial detention since 10/08/2021 (only two visits were granted). Her relevant complaints were dismissed by domestic courts.

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

8681/21*

09/01/2021

Mariya Aleksandrovna SHILOVA

1985SIZO-1

St Petersburg

physical separation and supervision during short-term family visits, limitation on the frequency of short-term family visits

The applicant’s husband was detained in SIZO between 30/03/2016 and 09/09/2020 . Visits were allegedly limited to one hour, there had been a glass barrier preventing any physical contact, and in the presence of the SIZO staff member.

20628/21*

01/04/2021

Yelena Adolfovna VASHUKOVA

1963SIZO-1 Arkhangelsk Region

refusal of long-term family visits

the applicant is a detainee’s mother

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 family visits in pre-trial detention

32409/21*

24/05/2021

Ilnaz Ildusovich ZABBAROV

1994Elik Yevgenyevich Abdrashitov

Orel

IZ-1 Orenburg

limitation on the frequency of short-term family visits, refusal of short-term family visits, physical separation and supervision during short-term family visits

Since April 2020 - restrictions in visits,

since November 2020 - no visits.

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Privolzhskiy District Court of Kazan, Supreme Court of the Kazakhstan Republic (video link), from 09/04/2020 to 23/03/2021

34680/21*

28/06/2021

Komil Karimovich MATIYEV

1980SIZO-2 Tatarstan Republic

refusal of long-term family visits, physical separation and supervision during short-term family visits

The applicant has been detained since 14/03/2017. On 05/02/2021 he was convicted by the Privolzhskiy Circuit Military Court. On 05/04/2021 the Appellate Military Court refused to grant the request of the applicant’s wife for a long-term visit in

SIZO-2.

36406/21*

28/06/2021

Elkhan Novruz ogly SHIRIYEV

1994SIZO-1 Krasnoyarsk Region

physical separation and supervision during short-term family visits, refusal of long-term family visits

The applicant requested long-term visits on several occasions from the SIZO administration and judges but to no avail. He is in detention on remand since 01/01/2020.

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

36524/21

09/07/2021

Irina Ivanovna DOMANOVA

1984Aleksey Leonidovich KRISHTOPA

1980Oksana Vladimirovna Preobrazhenskaya

Strasbourg

SIZO-1 Stavropol Region

limitation on the frequency of short-term family visits

The applicants are partners. The second applicant has been in detention since 04/03/2021.

The applicants were allowed short-term visits on 10/03/2021 and 18/03/2021. Later, on 25/03/2021, 28/04/2021, 06/05/2021, 18/05/2021, 27/05/2021, they were refused with no meaningful explanation

Art. 13 - lack of an effective remedy against refusals of short-term family visits - in respect of restrictions on visits in remand prison

43710/21*

09/08/2021

Artem Arslanovich KHAMIDULLIN

1981SIZO-2, Kazan, Tatarstan Republic

refusal of short-term family visits

Refusals of short-term family visits with his mother, wife, sister. Several refusals of investigator, last one on 15/12/2020 (upheld on 30/07/2021 by the Supreme Court of the Tatarstan Republic)

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

49163/21

29/09/2021

Svetlana Petrovna PYATANOVA

1985SIZO-1 Republic of Mordovia

refusal of short-term family visits

The applicant’s husband is detained in SIZO-1 Republic of Mordovia since 06/02/2019.

51492/21*

27/09/2021

Kirill Valentinovich KUCHINSKIY

1986SIZO-4 Arkhangelsk Region

refusal of long-term family visits, physical separation and supervision during short-term family visits

The applicant is in pre-trial detention since 26/05/2015 - ongoing on the date when the application was lodged with the Court. He complains about refusal of long-term visits from his mother and about modalities of short-term meetings with her

Art. 14 - prohibition of discrimination - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards modalities 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 permanent video surveillance in detention facilities and against refusals of long-term family visits and modalities of short-term family visits

Art. 5 (4) - excessive length of judicial review of detention - Appeal against the decision by the Arkhangelsk Regional Court of 16/09/2021 considered by the Second Appellate Court on 21/10/2021; Appeal against the decision of the Arkhangelsk Regional Court, 24/12/2021 was considered by the Second Appellate Court on 03/02/2022

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-4 Arkhangelsk Region, 01/10/2021- ongoing on the date when the application was lodged with the Court, opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room

51669/21*

04/10/2021

Valentina Anatolyevna DANILOVA

1959SIZO-1 Arkhangelsk Region

physical separation and supervision during short-term family visits, refusal of long-term family visits

The applicant is the mother of a detainee. Her requests to see her son were to no avail. The latest reply from FSIN was on 29/06/2021; 28/05/2015 - ongoing on the date when the application was lodged with the Court

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 an effective remedy against refusals of short-term family visits.

58607/21

14/09/2021

Aleksandr Aleksandrovich AGEYEV

1978SIZO-1,

Tver Region

refusal of long-term family visits

The app. is serving life sentence in IK-18, Yamalo-Nenetsk Autonomous Region.

In August 2019 the applicant was transferred to SIZO-1, Tver Region, for court proceeding in respect of other crimes he had been charged with. On 02/08/2021 the applicant lodged a request to grant a long-term visit with his wife, who lives in Tver. The request was dismissed.

Art. 13 - lack of any effective remedy in domestic law - lack of an effective remedy against refusals of family visits in remand prisons

4078/22

30/12/2021

Ilnur Amirovich FAYZULIN

1994Natalya Vasilyevna Alekseyeva

Krasnoyarsk

SIZO-1 Krasnoyarsk

refusal of long-term family visits

no long-term family visits were allowed pending criminal proceedings. The applicant has been in detention since 12/03/2021.

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

7144/22*

12/01/2022

Sabina Sergeyevna KARETNIKOVA

1989SIZO-1 Arkhangelsk Region

refusal of short-term family visits, refusal of long-term family visits, physical separation and supervision during short-term family visits

The applicant is the wife of a detainee.

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

17635/22*

09/03/2022

Georgiy Vladimirovich LADARIYA

1979SIZO-4 Arkhangelsk Region

refusal of long-term family visits, physical separation and supervision during short-term family visits

Detention since 15/01/2015

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

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

21811/22*

08/04/2022

Aleksandr Andreyevich VASHUKOV

1989SIZO-1 Arkhangelsk Region

refusal of long-term family visits, physical separation and supervision during short-term family visits

The applicant is a brother of a detainee. On 18/01/2022 the FSIN refused a long-term family visit.

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

25229/22

28/04/2022

Nadezhda Viktorovna GERASIMOVA

1961SIZO-1, Arkhangelsk Region

refusal of long-term family visits

The applicant is the mother of a detainee

Art. 13 - lack of any effective remedy in domestic law – in respect of refusals of long-term family visits

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

29351/22

20/05/2022

Andrey Sergeyevich ZHIGULSKIY

1996SIZO-1 Krasnoyarsk,

refusal of long-term family visits, physical separation and supervision during short-term family visits

visits from parents and a partner, since 08/08/2019

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

30067/22*

10/05/2022

Dmitriy Yevgenyevich SUKHORUKOV

1968Yaroslavna Nikolayevna Sukhorukova

Myskhako

SIZO-3, Novorossiysk

physical separation and supervision during short-term family visits

Conviction on 24/03/2021, Oktyabrskiy District Court of Novorossiysk, upheld on appeal, 18/11/2021 by the Krasnodar Regional Court

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Krasnodar Regional Court between 20/07/2021 and 18/11/2021 via video-link from SIZO-3, Novorossiysk; relevant judgment date 18/11/2021, Krasnodar Regional Court

30978/22*

16/06/2022

Yuliya Olegovna TARKHANOVA

1983SIZO-1 Moscow

refusal of long-term family visits, refusal of short-term family visits, refusal of telephone conversations, physical separation and supervision during short-term family visits

the applicant is a wife of a detainee, since 17/02/2021 – ongoing on the date when the application was lodged with the Court

35019/22

20/05/2022

Andrey Igorevich IVANOV

1996SIZO-1 Krasnoyarsk

refusal of long-term family visits, physical separation and supervision during short-term family visits

visits from the mother, brother and grandmother, since 07/08/2019

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