THIRD SECTION

CASE OF SAFRONOV AND OTHERS v. RUSSIA

(Applications nos. 48796/18 and 15 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 Safronov 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 Convention”) on the various dates indicated in the appended table

2. The Russian Government (“the Government”) 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 detention under strict imprisonment regime. 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 detention under strict imprisonment regime. They relied, expressly or in substance, on Article 3 of the Convention.

8. In the leading case of N.T. v. Russia, no. 14727/11, 2 June 2020, the Court already found a violation in respect of issues similar to those in the present case.

9. 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.

10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

11. 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 findings in the cases of Svinarenko and Slyadnev v. Russia [GC] (nos. 32541/08 and 43441/08, ECHR 2014 (extracts)), Idalov v. Russia [GC] (no. 5826/03, 22 May 2012) and Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019).

12. The applicant in applications nos. 8011/19, 45709/19, 43712/21 also raised other complaints under various Articles of the Convention.

13. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

14. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

15. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, N.T. v. Russia , cited above, § 61, and Svinarenko and Slyadnev, also cited above), 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 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 under strict imprisonment regime)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Facility

Start and end date of detention under strict regime

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant /household

(in euros) [1]

48796/18

26/09/2018

Andrey Aleksandrovich SAFRONOV

1974IK-5 Vologda Region

01/08/2017 – pending as of 16/09/2022

3,000

8011/19

14/01/2019

Aleksey Gennadyevich BERDUTO

1966IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region

06/12/2013 – pending as of 16/09/2022

3,000

20545/19

27/03/2019

Roman Leonidovich CHERNYSHEV

1988IK-6 Khabarovsk Region

01/04/2018 – pending as of 16/09/2022

3,000

21973/19

02/04/2019

Roman Mikhaylovich SHASHKOV

1963IZ-6 St Petersburg

28/11/2017 - 11/09/2019

Art. 3 - inadequate conditions of detention during transport - transport between 24/01/2022 and 03/02/2022 by train and van - duration of transport in a van is about 2 hours each time; applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, passive smoking, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to potable water, no more than 2 sq. m. personal space in a train, no more than 0.3 sq. m. personal space in a van

4,000

45709/19

20/08/2019

Artem Melikovich CHAKRYAN

1979IK-6 Khabarovsk Region

26/02/2019 – pending as of 16/09/2022

3,000

61210/19

27/04/2018

Vladislav Viktorovich TAMAMSHEV

1989IK-18 Yamalo-Nenets Autonomous Region, SIZO-1 Kirov Region, SIZO-1 Sverdlovsk Region, SIZO-1 Irkutsk Region, SIZO-1 Khabarovsk Region

06/05/2012 – pending as of 16/09/2022

Art. 3 - inadequate conditions of detention during transport - poor conditions of the applicant’s transport by train between 17/10/2020 and 20/10/2020; between 15/11/2020 and 16/11/2020; between 18/11/2020 and 12/12/2020: personal space from 0.5 to 0.9 sq. m. Specific grievances: lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, overcrowding, lack of privacy for toilet; applicant transported on numerous occasions,

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance in remand prisons (SIZO) where he was placed between 20/10/2020 and 17/12/2020. Specific grievances: opposite-sex operators, detention in different cells with video surveillance, surveillance in the lavatory / shower,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in court hearings from 25/02/2021 to 13/05/2021;

Moscow City Court, Kirovskiy District Court of Irkutsk, Pervomayskiy Districk Court of Kirov, Amursk Town Court of Khabarovsk Region, Kirovskiy District Court of Khabarovsk, Kuybyshevskiy Districk Court of Irkutsk,

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement to a metal cage

9,750

61240/19

21/10/2019

Vitaliy Yuryevich VIKHAREV

1983IK-6 Khabarovsk Region

05/04/2018 – pending as of 16/09/2022

3,000

62867/19

19/11/2019

Sergey Mikhaylovich SHIROKOV

1969IK-6 Orenburg Region

14/03/2001 - 14/08/2019

3,000

26567/20

01/06/2020

Anton Sergeyevich MALYUTIN

1987IK-5 Vologda Region, IK-6 Khabarovsk Region

10/11/2016 - pending as of 16/09/2022

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 – placement in a metal cage in the court hearing on 20/09/2021 before the Belozerskiy District Court of the Volgograd Region

9,750

26571/20

26/03/2020

Denis Konstantinovich MIKHAYLOV

1992IK-5 Vologda Region, IK-6 Khabarovsk Region

28/04/2014 - pending as of 16/09/2022

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in court hearings before the Supreme Court of the Republic of Buryatia, Zheleznodorozhnyy District Court of Ulan-Ude, Khabarovsk Regional Court, 10/02/2021 - 08/07/2021

9,750

31132/20

26/06/2020

Sergey Vyacheslavovich LOYEV

1972IK-6 Khabarovsk Region

17/01/2013 – pending as of 16/09/2022

3,000

49194/20

26/06/2020

Vladimir Viktorovich MENKOV

1982IK-6 Khabarovsk Region, IK-56 Sverdlovsk Region

04/11/2010 - pending as of 16/09/2022

3,000

1889/21

18/12/2020

Stanislav Sergeyevich MURASHEV

1983IK-2 Perm Region

05/05/2016 - pending as of 16/09/2022

3,000

20963/21

14/01/2021

Igor Vladimirovich ZHILENKOV

1987IK-6 Orenburg Region

22/07/2013 - pending as of 16/09/2022

3,000

22965/21

23/08/2021

Vitaliy Vladimirovich SHASTUN

1979IK-6 Khabarovsk Region

26/05/2018 - pending as of 16/09/2022

3,000

43712/21

16/08/2021

Oleg Nikolayevich SYSLOV

1979IK-56 Sverdlovsk Region, IK-6 Khabarovsk Region

04/09/2011 - 04/09/2021

3,000

[1] Plus any tax that may be chargeable to the applicants.