CASE OF CHERNOVA AND OTHERS v. RUSSIA
Doc ref: 51892/19, 3396/21, 10911/21, 37114/21, 45963/21, 46495/21, 46543/21, 46605/21, 50024/21, 58083/21, 5... • ECHR ID: 001-229016
Document date: November 23, 2023
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FIFTH SECTION
CASE OF CHERNOVA AND OTHERS v. RUSSIA
(Applications nos. 51892/19 and 32 others –
see appended list)
JUDGMENT
STRASBOURG
23 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Chernova and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
MarÃa Elósegui , President , Mattias Guyomar, KateÅ™ina Å imáÄková , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 2 November 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 were given notice of the applications.
THE FACTS
3. A 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 during their transport. Some applicants also raised complaints under other Convention provisions.
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 during their transport. They relied on Article 3 of the Convention.
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading case of Tomov and Others (cited above), 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 during their transport were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
12. The applicants whose names are listed in the appended table also raised other complaints relating to the issues of the Court’s well-established case-law. 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 a violation of the Convention (see appended table for further details) in view of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement of applicants in a metal cage in courtrooms; Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of detention in post-conviction facilities; and Andrey Smirnov v. Russia , no. 43149/10, §§ 35-57, 13 February 2018, concerning restrictions on family visits in pre-trial detention facilities.
13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.â€
14. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 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 23 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina MarÃa Elósegui Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Means of transport
Start and end date
Sq. m per inmate
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]
51892/19
23/09/2019
Galina Ivanovna CHERNOVA
1971Andrey Dzhambekovich Bous
Saratov
van, transit cell
25/06/2018 -
pending as of 16/09/2022
0.3 m²
lack of fresh air, overcrowding
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - IZ-1 Saratov, 27/04/2018 - 25/04/2019, restriction of visit of 3 minor daughters, multiple complaints, last time dismissed on 20/06/2019, Saratov Regional Court;
Art. 13 - lack of any effective remedy in domestic law in respect of restriction on prison visits
8,000
3396/21
12/12/2020
Timur Arkadyevich STAROSTIN
1998van
06/05/2019 to
15/07/2020
0.25 m²
lack of fresh air, inadequate temperature, no or restricted access to toilet, passive smoking, lengthy transfers lasting 2.5 to 3 hours
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Naberezhnyye Chelny Town Court, Republic of Tatarstan, 06/06/2019 - 13/07/2020
8,500
10911/21
26/08/2021
Sergey Vladimirovich KOTOV
1979van, transit cell
13/05/2021 to
25/09/2021
overcrowding, poor quality of food, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37114/21
15/10/2021
Danil Anatolyevich BUMAGIN
1994van
17/05/2021 to
17/05/2021
0.25 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of handrails and seat belts, emergency exits sealed, 10 inmates per the compartment measuring 10 sq. m, transfer between correctional facilities lasting about 3 hours
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in post-conviction detention;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - KP-10 in Irkutsk Region, 13/03/2019 – pending on the date when the application was lodged with the Court; opposite-sex operators, detention in different cells with video surveillance
1,000
45963/21
18/08/2021
Oleg Yuryevich ZELEYEV
1989train
01/01/2021 to
01/03/2021
0.2 m²
overcrowding, insufficient number of sleeping places
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – Justice of Peace of the Vologda Region, 06/10/2020 - 11/03/2021;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings
8,500
46495/21
18/08/2021
Pavel Vasilyevich GONCHAROV
1979train, van
25/04/2021 to
27/05/2021
insufficient number of sleeping places, overcrowding, lack of or poor quality of bedding and bed linen, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46543/21
26/08/2021
Yevgeniy Sergeyevich BORODIN
1990van
14/05/2021 to
14/05/2021
0.25 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet
1,000
46605/21
28/08/2021
Vladimir Valeryevich OTPUSHCHENNIKOV
1990van, train
26/03/2021 to
27/03/2021
<0.5 m²
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water, long waiting at the station tied to a cable and visible to many other passengers
1,000
50024/21
01/11/2021
Viktor Vladimirovich RUBLYA
1985van
19/11/2020 to
11/05/2021
0.6 m²
applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, lack of seatbelts, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
58083/21
09/11/2021
Ilnur Ilsurovich GALIYEV
1992van
21/05/2021 to
21/05/2021
van
22/01/2022 to
13/02/2022
0.14 m²
0.35 m²
inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding
bunk beds, overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water
1,000
58140/21
24/10/2021
Marat Azatovich MUZAFAROV
1986van
27/08/2021 to
27/08/2021
<0.8 m²
overcrowding, low ceiling, absence of safety belts, no or restricted access to toilet, lack or inadequate furniture, no or restricted access to warm water, absence of a ventilation system
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
61245/21
15/06/2022
Aleksey Vladimirovich DOROFEYEV
1989van, train
13/01/2022 to
09/05/2022
0.3-0.4 m²
overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food, lack of privacy for toilet
1,000
2152/22
08/02/2022
Kirill Valeryevich CHERNUKHO
1989van, train (Stolypin)
28/10/2021 to
30/10/2021
0.4 m²
1,000
3022/22
06/12/2021
Dmiutriy Alekseyevich SUKHOV
1993van, train
19/06/2021 to
08/07/2021
lack of fresh air, passive smoking, no or restricted access to toilet, lack of privacy for toilet, poor quality of food, overcrowding, lack of or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
7059/22
01/02/2022
Aleksey Vladimirovich RUBCHAKOV
1982train
09/09/2021 to
10/11/2021
0.5 m²
lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, passive smoking, lack of fresh air, lack of or insufficient quantity of food, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
10534/22
31/01/2022
Sergey Ivanovich BURNASHOV
1988van (stakan), train
02/10/2021 to
26/10/2021
overcrowding, inadequate temperature, lack of fresh air, lack of handles and seat belts, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water
1,000
10674/22
07/02/2022
Yevgeniy Yuryevich FOMIN
1987train, van
23/08/2021 to
26/10/2021
0.36 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, no or restricted access to potable water, lack or inadequate furniture, no or restricted access to toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
13016/22
25/01/2022
Kirill Igorevich MURASHOV
1984van
19/07/2018 to
18/11/2021
0.3 m²
overcrowding, passive smoking, applicant transported on numerous occasions, inadequate temperature, lack of fresh air
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Lomonosovskiy District Court of the Leningrad Region; Leningrad Regional Court (including via the video link from SIZO ‑ 1 Leningrad Region; 19/07/2018 - 01/12/2021.
8,500
14798/22
06/04/2022
Andrey Anatolyevich PELTSER
1987train, van
27/02/2021 to
16/03/2022
<1 m²
overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
15692/22
27/02/2022
Roman Aleksandrovich RODIONOV
1988van
25/06/2020 -
pending as of 16/09/2022
0.25 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms in the trial court (District Court) during the hearings in his criminal case - 25/06/2020 -
pending on the date when the application was lodged with the Court
8,500
18077/22
11/03/2022
Ivan Viktorovich ANASHKIN
1983train
15/01/2022 to
30/01/2022
0.45 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
20109/22
30/03/2022
Sergey Pavlovich KONDRATYEV
1986van
14/04/2021 -
pending as of 16/09/2022
0.2 m²
applicant transported on numerous occasions, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
20872/22
30/03/2022
Radmir Germanovich MALAFEYEV
1995van, convoy cell
09/07/2021 to
30/11/2021
0.35 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tver Region, 08/07/2021 - 06/01/2022, detention in different cells with video surveillance, opposite-sex operators
1,000
26132/22
29/04/2022
Malik Muratdinovich ARABOV
1992Elik Yevgenyevich Abdrashitov
Orel
train
06/12/2021 to
08/01/2022
0.3 m²
insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet
1,000
29110/22
15/05/2022
Farit Azatovich SHARIFULLIN
1988Vadim Olegovich Ivanov
Verkhneyarkeeva
van, convoy cells in courts
21/02/2020 to
28/04/2022
0.2 m²
overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack of fresh air, lack of or insufficient electric light, lack of privacy for toilet
1,000
29584/22
10/05/2022
Pavel Sergeyevich TYUKAYEV
1986train
21/11/2021 to
02/12/2021
a single-prisoner cubicle (“stakanâ€)
18/02/2022 to
18/02/2022
applicant transported on numerous occasions, (duration of transport of 8-9 hours on each occasion), lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, insufficient number of sleeping places, inadequate temperature, lack of or insufficient quantity of food, no or restricted access to potable water, overcrowding, lack of or poor quality of bedding and bed linen
duration of transport of 2 hours, the applicant had a cast on his leg and was on crutches
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
30055/22
25/05/2022
Aleksandr Andreyevich POPOV
1984train
28/11/2021 to
29/11/2021
0.4 m²
no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food, insufficient number of sleeping places, overcrowding, passive smoking, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
30075/22
30/05/2022
Vyacheslav Mikhaylovich GUZIYEV
1966van
17/04/2017 to
16/05/2022
<0.4 m²
applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
34241/22
18/06/2022
Pavel Borisovich KUZMICH
1978train, van
07/06/2021 to
25/01/2022
no info m²
lack of fresh air, lack of or insufficient electric light, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of privacy for toilet, applicant transported on numerous occasions
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
35303/22
21/06/2022
Agadzhan Sergeyevich AVANESOV
1976Nikita Aleksandrovich Tugov
Moscow
van
29/10/2020 -
pending as of 16/09/2022
applicant transported on numerous occasions, lack of fresh air, no or restricted access to toilet, passive smoking
1,000
41182/22
30/07/2022
Rail Rafailovich ABDRAKHMANOV
1988van
11/11/2020 -
pending as of 16/09/2022
0.7-0.5 m²
applicant transported on numerous occasions, overcrowding, lack of or insufficient natural light, inadequate temperature
1,000
46233/22
15/09/2022
Maksim Yevgenyevich STOPAREV
1980Andrey Yevgenyevich Golubenko
Nea Skiony
van, train
03/04/2022 to
12/06/2022
0.3 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light, insufficient number of sleeping places, lack of or insufficient natural light
Art. 3 - inadequate conditions of detention – IK ‑ 24 in Azanka, Sverdlovsk Region, 12/06/2022 - pending on the date when the application was lodged with the Court, 2 sq. m. per person, overcrowding, lack of or insufficient electric light, passive smoking, lack of fresh air, bunk beds, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance
6,700
14334/23
04/07/2022
Aleksandr Viktorovich EBERT
1984van
20/04/2020 to
27/06/2022
0.5 m²
applicant transported on numerous occasions, overcrowding, inadequate temperature
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - remand centre IZ-1 in St Petersburg from 27/04/2019 until at least 04/07/2022 (the date of the introduction of the application). The applicant was held in two different cells with video surveillance. The video surveillance was performed by operators of the opposite sex;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities
1,000
[1] Plus any tax that may be chargeable to the applicants.