CASE OF BOCHAROV AND OTHERS v. RUSSIA
Doc ref: 74497/17, 11691/18, 31714/21, 32246/21, 33867/21, 35304/21, 36904/21, 38021/21, 41349/21, 41864/21, ... • ECHR ID: 001-228675
Document date: November 9, 2023
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THIRD SECTION
CASE OF BOCHAROV AND OTHERS v. RUSSIA
(Applications nos. 74497/17 and 37 others –
see appended list)
JUDGMENT
STRASBOURG
9 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Bocharov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma , President , Ioannis Ktistakis, Andreas Zünd , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 19 October 2023,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Conventionâ€) on the various dates indicated in the appended table.
2. The Russian Government (“the Governmentâ€) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the inadequate conditions of their detention. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68 ‑ 73, 17 January 2023).
7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding inadequate conditions of detention (see, for instance, MurÅ¡ić v. Croatia [GC], no. 7334/13, §§ 96-101, ECHR 2016; Kud Å‚a v. Poland [GC], no. 30210/96, §§ 90 ‑ 94, ECHR 2000 ‑ XI; and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 139 ‑ 65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading†from the point of view of Article 3 and may disclose a violation, both alone, or taken together with other shortcomings (see, amongst many authorities, MurÅ¡ić , cited above, §§ 122-41, and KaraleviÄius v. Lithuania , no. 53254/99, §§ 36-40, 7 April 2005).
9. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well ‑ established case-law (see Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and lack of an effective remedy in that respect).
13. Finally, some applicants complained under Article 13 of the Convention about the lack of an effective domestic remedy in respect of the inadequate conditions of their detention. In the light of its findings in paragraphs 10-12 above, the Court considers that there is no need to deal separately with the remaining complaints.
14. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Sergey Babushkin v. Russia (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, nos. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 9 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date
Duration
Inmates per brigade
Sq. m per inmate
Number of toilets per brigade
Specific grievances
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros) [1]
74497/17
20/12/2017
Oleg Yuryevich BOCHAROV
1981IK-49 Komi Republic
18/08/2016 to
05/11/2021
5 year(s) and 2 month(s) and 19 day(s)
2-2.71 m²
lack of fresh air, overcrowding, poor quality of potable water, lack of or insufficient electric light, lack of or insufficient natural light
12,500
11691/18
27/01/2018
Sergey Aleksandrovich SAVCHENKO
1980IK-7 St Petersburg
13/11/2015 to
28/08/2017
2 year(s) and 9 month(s) and 16 day(s)
100 inmate(s)
2.24 m²
3 toilet(s)
overcrowding, lack of privacy for toilet, insufficient number of toilets and wash basins
6,500
31714/21
18/05/2021
Yuriy Aleksandrovich DIKOVCHENKO
1981IK-18 Murmansk Region
01/05/2010
pending as of 16/09/2022
12 year(s) and 4 month(s) and 16 day(s)
< 2 m²
poor quality of food, overcrowding, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack or insufficient quantity of food
9,000
32246/21
31/05/2021
Boris Vitalyevich POTEKHIN
1989IK-2 Zabaykalskiy Region
28/10/2019
pending as of 16/09/2022
2 year(s) and 10 month(s) and 20 day(s)
100 inmate(s)
1.6-1.9 m²
4 toilet(s)
overcrowding, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air
9,000
33867/21
15/06/2021
Umardzhon Umarovich SHERBOBOYEV
1982IK-8 Komi Republic
18/10/2018
pending as of 16/09/2022
3 year(s) and 10 month(s) and 30 day(s)
160 inmate(s)
2 m²
4 toilet(s)
overcrowding, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to running water, poor quality of food, lack or insufficient quantity of food, poor quality of potable water
9,000
35304/21
02/06/2021
Mikhail Mikhaylovich SHIBADAYEV
1993KP-14 Krasnoyarsk Region
01/10/2020
pending as of 16/09/2022
1 year(s) and 11 month(s) and 16 day(s)
60 inmate(s)
2 toilet(s)
lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower
8,100
36904/21
29/06/2021
Andrey Aleksandrovich VYSHKEVICH
1983IK-5 Krasnoyarsk Region
14/09/2016
pending as of 16/09/2022
6 year(s) and 3 day(s)
120 inmate(s)
3-3.3 m²
4 toilet(s)
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to shower, overcrowding
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
11,400
38021/21
30/05/2021
Stanislav Petrovich LEVCHUK
1983Alekseyeva Natalya Vasilyevna
Krasnoyarsk
KP-3 Orlov Region
21/06/2018 to
26/05/2022
3 year(s) and 11 month(s) and 6 day(s)
75 inmate(s)
2 m²
lack of fresh air, lack of privacy for toilet, overcrowding
8,000
41349/21
12/01/2022
Leonid Alekseyevich AVVAKUMOV
1986IK-5 Krasnoyarsk Region
04/12/2014
pending as of 16/09/2022
7 year(s) and 9 month(s) and 13 day(s)
14 inmate(s)
1.4 m²
5 toilet(s)
lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, poor quality of food
Art. 13 - lack of any effective remedy in domestic law 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 – by opposite-sex operators during all those years of detention in IK-5 Krasnoyarsk Region
7,300
41864/21
29/06/2021
Yuriy Mikhaylovich BOGDANOV
1967IK-8 Komi Republic
20/09/2019 to
22/09/2021
2 year(s) and 3 day(s)
2 m²
overcrowding, lack of fresh air, inadequate temperature, poor quality of potable water, no or restricted access to warm water, mouldy or dirty cell, lack of privacy for toilet, poor quality of food, lack of toiletries
5,800
44458/21
17/08/2021
Aleksandr Vladimirovich KHROMYSHEV
1982IK-24 Komi Republic
08/10/2019
pending as of 16/09/2022
2 year(s) and 11 month(s) and 9 day(s)
180 inmate(s)
1.1 m²
5 toilet(s)
bunk beds, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, overcrowding, mouldy or dirty cell, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet, poor quality of food
8,300
46388/21
02/09/2021
Sergey Aleksandrovich YEROFEYEV
1982IK-8 Komi Republic
02/07/2019
pending as of 16/09/2022
3 year(s) and 2 month(s) and 15 day(s)
2 m²
overcrowding, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to warm water, poor quality of food
8,300
48147/21
08/09/2021
Yevgeniy Nikolayevich BLAGIKH
1981IK-29 Kirov Region
27/07/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 21 day(s)
2 m²
overcrowding, poor quality of potable water, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to toilet, inadequate temperature
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – video surveillance by opposite-sex operators during those past years of detention
10,700
48617/21
06/09/2021
Pavel Aleksandrovich GLAZIN
1980IK-8 Komi Republic
06/09/2018
27/11/2021
3 year(s) and 2 month(s) and 22 day(s)
2 m²
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to potable water, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, poor quality of food, mouldy or dirty cell
5,800
49162/21
10/09/2021
Andrey Vladimirovich MYMRIK
1973IK-19 Komi Republic
24/11/2019
pending as of 16/09/2022
2 year(s) and 9 month(s) and 24 day(s)
1.9 m²
10 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, poor quality of food, inadequate temperature
8,300
50070/21
22/09/2021
Igor Vyacheslavovich LADANOV
1969IK-19 Komi Republic
09/05/2020
pending as of 16/09/2022
2 year(s) and 4 month(s) and 8 day(s)
0.5-1.2 m²
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient natural light, poor quality of food, lack of fresh air, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air
8,000
52032/21
01/10/2021
Viktor Aleksandrovich MOSKALEV
1977IK-8 Komi Republic
11/10/2019 to
15/09/2022
2 year(s) and 11 month(s) and 5 day(s)
2 m²
overcrowding, lack of fresh air, no or restricted access to potable water, inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, poor quality of potable water, no or restricted access to toilet
8,000
52592/21
04/10/2021
Aleksandr Yuryevich PASHINOV
1983IK-5 Krasnoyarsk Region
29/03/2017
pending as of 16/09/2022
5 year(s) and 5 month(s) and 19 day(s)
130 inmate(s)
2,3 m²
8 toilet(s)
overcrowding, lack of toiletries, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to running water, lack of or insufficient electric light, lack of privacy for toilet
8,000
55865/21
22/10/2021
Yefrem Mikhaylovich IVANOV
1986Settlement colony no. 14 Krasnoyarsk Region
28/07/2020 to
28/09/2021
1 year(s) and 2 month(s) and 1 day(s)
50 inmate(s)
2.5 m²
3 toilet(s)
overcrowding, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to toilet, lack of fresh air, lack of or inadequate hygienic facilities
5,000
57504/21
11/11/2021
Yuriy Vladimirovich KLIMOV
1984IK-29 Kirov Region
05/07/2017
pending as of 16/09/2022
5 year(s) and 2 month(s) and 12 day(s)
140 inmate(s)
1.5 m²
overcrowding, bunk beds, lack of fresh air, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water
7,800
58442/21
11/11/2021
Valeriy Yuryevich KUKANOV
1976IK-29 Kirov Region
03/08/2017
pending as of 16/09/2022
5 year(s) and 1 month(s) and 14 day(s)
1.8 m²
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, poor quality of food, poor quality of potable water, no or restricted access to running water, sharing cells with inmates infected with contagious disease, no or restricted access to toilet, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law 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 - detention in different cells with video surveillance, opposite-sex operators
10,100
60203/21
23/11/2021
Andrey Viktorovich TARASOV
1971IK-2 Zabaykalskiy Region
20/02/2019 to
26/03/2020
1 year(s) and 1 month(s) and 7 day(s)
The applicant made use of the new remedy introduced by the Compensation Act. Final decision dismissing his claims: Supreme Court of Russia on 07/07/2021
2.5 m²
overcrowding, lack of fresh air, passive smoking, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, no or restricted access to warm water, lack of or restricted access to leisure or educational activities
5,000
61556/21
01/12/2021
Vyacheslav Nikolayevich KURIKALOV
1985IK-2 Zabaykalskiy Region
07/06/2017
pending as of 16/09/2022
5 year(s) and 3 month(s) and 10 day(s)
2 m²
bunk beds, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, sharing cells with inmates infected with contagious disease, poor quality of food
7,500
614/22
03/12/2021
Aleksey Vladimirovich GAGARIN
1976IK-29 Kirov Region
27/08/2017
pending as of 16/09/2022
5 year(s) and 21 day(s)
150 inmate(s)
1.2 m²
8 toilet(s)
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance
7 500
2179/22
11/03/2022
Ramiz Makhir Ogly ALIYEV
1998IK-24 Krasnoyarsk Region
21/12/2017
pending as of 16/09/2022
4 year(s) and 8 month(s) and 27 day(s)
2.66 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, lack of or restricted access to leisure or educational activities
6,800
3675/22
24/01/2022
Vladimir Bogdanovich ZAKHARENKO
1992IK-4 Magadan Region
22/12/2017
pending as of 16/09/2022
4 year(s) and 8 month(s) and 26 day(s)
1.3 m²
overcrowding, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air
7,000
9616/22
09/01/2022
Vasiliy Mikhaylovich NAZAROV
1985IK-7 Krasnoyarsk Region; IK-24 Krasnoyarsk Region
31/01/2018
pending as of 16/09/2022
4 year(s) and 7 month(s) and 15 day(s)
118- 163 inmate(s)
2.14-2.36 m²
5 toilet(s)
overcrowding,
lack of or inadequate hygienic facilities, lack of privacy for toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – during the entire period of detention by opposite-sex operators
9,400
11013/22
01/02/2022
Aleksandr Dmitriyevich ALFEROV
1976IK-5 Krasnoyarsk Region
27/09/2019
pending as of 16/09/2022
2 year(s) and 11 month(s) and 21 day(s)
2.3 m²
lack of privacy for toilet, poor quality of food, overcrowding
7,000
11815/22
21/02/2022
Aleksandr Aleksandrovich VORONIN
1972IK-4, Magadan Region
20/10/2020
pending as of 16/09/2022
1 year(s) and 10 month(s) and 28 day(s)
1 m²
overcrowding, lack of privacy for toilet, lack of fresh air, lack of or insufficient physical exercise in fresh air
6 800
12322/22
15/04/2022
Aleksandr Anatolyevich TULUSH
1975IK-24 Irkutsk Region
02/09/2020
pending as of 16/09/2022
2 year(s) and 15 day(s)
150 inmate(s)
0.3-0.8 m²
6 toilet(s)
overcrowding, poor quality of food, lack of privacy for toilet, no or restricted access to toilet, inadequate temperature, lack of fresh air
6,500
18012/22
21/02/2022
Valeriy Vasilyevich YELIN
1979IK-4 Magadan Region
01/03/2014
pending as of 16/09/2022
8 year(s) and 6 month(s) and 16 day(s)
6 inmate(s)
2.6 m²
1 toilet(s)
lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, overcrowding, lack of or insufficient natural light, bunk beds
6,800
18026/22
21/02/2022
Artur Ramilevich BIKEYEV
1990IK-4 Magadan Region
12/07/2017 to
14/04/2022
4 year(s) and 9 month(s) and 3 day(s)
2.3 m²
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, bunk beds, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty)
5,500
18234/22
26/02/2022
Yevgeniy Vladimirovich CHADOV
1984Khakhilev Vyacheslav Anatolyevich
Arkhangelsk
IK-4 Arkhangelsk Region
08/08/2018
pending as of 16/09/2022
4 year (s) and 1 month(s) and 9 day (s)
90 inmate(s)
1.6 m²
2 toilet (s)
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower, no or restricted access to toilet, lack of fresh air
6,800
21557/22
31/03/2022
Vyacheslav Viktorovich KISELEV
1978IK-35 Perm Region
14/04/2021
pending as of 16/09/2022
1 year(s) and 5 month(s) and 3 day(s)
90 inmate(s)
1.2 m²
4 toilet(s)
overcrowding, mouldy or dirty cell, no or restricted access to toilet, lack of or insufficient natural light
6,600
28058/22
23/05/2022
Yevgeniy Mikhaylovich KRASNOV
1973IK-4 Magadan Region
01/09/2018
pending as of 16/09/2022
4 year(s) and 16 day(s)
6 inmate(s)
2.5 m²
1 toilet(s)
overcrowding, lack of or inadequate hygienic facilities, lack of requisite medical assistance, lack of or insufficient natural light
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – during the entire period of detention by the opposite-sex operators
6,000
35381/22
25/06/2022
Vadim Mikhaylovich BEZRUKOV
1975IK-24, Komi Republic
12/08/2019
pending as of 16/09/2022
3 year(s) and 1 month(s) and 5 day(s)
0.5 m²
overcrowding, lack of privacy for toilet, infestation of cell with insects/rodents, lack of fresh air, poor quality of food
5,800
38597/22
18/07/2022
Oleg Nikolayevich MIKHAYLOV
1982IK-19 Komi Republic
18/08/2019
pending as of 16/09/2022
3 year(s) and 30 day(s)
2 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or restricted access to leisure or educational activities, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food
5,500
5346/23
16/01/2023
Vafa Umyarovich SALEKHOV
1967Prozorov Artem Andreyevich
Furmanov
IK-6 Kirov Region
07/07/2011 to
08/11/2018
7 year(s) and 4 month(s) and 2 day(s)
The applicant made use of the new remedy introduced by the Compensation Act. Final decision by the Supreme Court of Russia on 16/09/2022. Domestic courts confirmed the lack of personal space, overcrowding, lack of privacy for toilet, insufficient natural and electric light, and granted the applicant RUB 30,000 (approximately 300 euros).
230 inmate(s)
0.9 m²
5 toilet(s)
lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, overcrowding
5,000
[1] Plus any tax that may be chargeable to the applicants.