Published on 24 July 2023

FOURTH SECTION

Application no. 38217/19 Aleksey Ivanovich MELNIK against Russia and 9 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 29 June 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 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

38217/19*

03/07/2019

Aleksey Ivanovich MELNIK

1990IK-31 Komi Republic

01/11/2020 – pending on the date when the application was lodged with the Court

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

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

Art. 3 - inadequate conditions of detention during transport - transfers by van and train during the period between 19/03/2019 and 19/04/2019: transfer lasting up to 6 hours in a single-occupancy compartment (“stakan”), no or restricted access to toilet, no individual sleeping place during transport by train (up to 23 hours).

33559/21*

24/05/2021

Andrey Borisovich SAMOKHIN

1974Alla Borisovna Yevenko

Novokuznetsk

IK-2 OIK-2 Perm Region

19/02/2002 - pending on the date when the application was lodged with the Court

detention in different cells with video surveillance

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

33590/21*

16/06/2021

Vladimir Aleksandrovich BASTRAKOV

1982IK-25 Komi Republic

30/05/2018 –

pending on the date when the application was lodged with the Court

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 in respect of permanent video surveillance in detention facilities;

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).

33699/21*

16/06/2021

Maksim Aleksandrovich GABOV

1990IK-25 Komi Republic

26/11/2017 - pending on the date when the application was lodged with the Court

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 in respect of permanent video surveillance in detention facilities;

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).

34481/21*

19/06/2021

Yakov Vladimirovich TSOY

1973Alla Borisovna Yevenko

Novokuznetsk

IK-2 OIK-2 Perm Region

13/03/2001 - pending on the date when the application was lodged with the Court

detention in different cells with video surveillance

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

34535/21*

19/06/2021

Fedor Sergeyevich KOVALCHUK

1981SHIZO in

IK-25 Komi Republic

16/04/2021 - 18/04/2021

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;

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is detained in IK-25, Komi Republic since 19/02/2010. The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013).

41167/21

21/07/2021

Fuad Polad ogly ISKENDEROV

1983IK-25 Komi Republic

07/06/2018 - pending on the date when the application was lodged with the Court

opposite-sex operators

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

43437/21*

13/08/2021

Arif Abdulla ogly SHABANOV

1992IK-25 Komi Republic

07/12/2015- pending on the date when the application was lodged with the Court

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;

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is serving a prison sentence. He complains that he was unable to vote in the elections to the State Duma of 19 September 2021 (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005 IX; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013)

4711/22

18/12/2021

Igor Borinoslavovich YEVDOKIMOV

1970IK-29 Kirov Region

December 2016 - 07/09/2021

opposite-sex operators

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

45075/22*

29/08/2022

Arslan Faritovich SAYFUTDINOV

1986IK-6 Khabarovsk Region

19/10/2017 - pending on the date when the application was lodged with the Court

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

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

Art. 3 - inadequate conditions of detention under strict imprisonment regime - The applicant, a lifer, is detained 22 hours per day in a cell with no possibility of outdoor exercise, employment or contacts with other inmates. His relevant claims were dismissed by national courts.