Lexploria

THIRD SECTION

CASE OF KHARLAMOV AND OTHERS v. RUSSIA

(Applications nos. 31280/21 and 45 others â€“

see appended list)

JUDGMENT

STRASBOURG

8 February 2024

This judgment is final but it may be subject to editorial revision.

In the case of Kharlamov and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Peeter Roosma , President , Ioannis Ktistakis, Andreas ZÃ¼nd , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 18 January 2024,

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 (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Russian Government (â€œthe 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 about their confinement in a metal cage in the courtroom during the criminal and/or administrative proceedings to which they were parties. 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, Â§Â§ 68 â€‘ 73, 17 January 2023).

7. The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal and/or administrative proceedings to which they were parties. They relied on Article 3 of the Convention, which reads as follows:

â€œNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.â€

Some applicants also complained that they had not been afforded an effective domestic remedy in respect of their grievances under Article 3, contrary to Article 13 of the Convention, reading as follows:

â€œEveryone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.â€

8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial and/or administrative proceedings to which they were a party. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, nos. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention. Similar finding was reached by the Court in respect of the practice of confinement of defendants in metal cages at remand prisons for the purposes of their participation in court hearings carried out via a video link (see Karachentsev v. Russia , no. 23229/11, Â§Â§ 50-54, 17 April 2018).

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. Having regard to its case-law on the subject, the Court considers that in the instant case the applicantsâ€™ confinement in a metal cage before the court during the criminal proceedings against them and/or the administrative proceedings to which they were a party amounted to degrading treatment.

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

11. Having regard to its finding above, the Court does not consider it necessary to deal separately with the applicantsâ€™ complaints under Article 13 of the Convention (see Valyuzhenich v. Russia , no. 10597/13, Â§ 27, 26 March 2019).

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 Â§ 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.

13. 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 Tomov and Others v. Russia , nos. 18255/10 and 5 others, Â§Â§ 92-156, 9 April 2019, related to inadequate conditions of transport ; Dirdizov v. Russia , no. 41461/10, Â§Â§ 101-11, 27 November 2012, as regards lengthy and unjustified pre-trial detention; and Anchugov and Gladkov v. Russia , nos. 11157/04 and 15162/05, Â§Â§ 101-12, 4 July 2013, as regards ineligibility for convicted prisoners to vote in or stand for elections.

14. In application no. 36769/21 the applicant further complained under Articles 13 and 14 of the Convention in conjunction with Article 3 of Protocol No. 1 to the Convention. The Court has examined those complaints and considers that, in the light of all the material in its possession, they do not meet the admissibility criteria set out in Article 35 of the Convention. They must therefore be rejected in accordance with Article 35 Â§ 4 of the Convention.

15. Regard being had to the documents in its possession, to its case â€‘ law (see, in particular, Vorontsov and Others, cited above) and to the previous awards made by the Court in earlier cases (see Sashkov and Others v. Russia [Committee], nos. 31606/13 and 9 others, 30 November 2017), it 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 8 February 2024, pursuant to Rule 77 Â§Â§ 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

(use of metal cages and/or other security arrangements in courtrooms)

No.

Application no.

Date of introduction

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Name of the court

Date of the relevant judgment

Other complaints under well-established case-law

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

(in euros) [1]

31280/21

21/05/2021

Andrey Yuryevich KHARLAMOV

1979

Severodvinsk Town Court of the Arkhangelsk Region

24/11/2020

3,250

31509/21

21/05/2021

Aleksey Andreyevich ABRAMOV

1988

Berdsk Town Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)

25/11/2020

7,500

31580/21

04/10/2021

Aleksandr Sergeyevich ZIMAKIN

1988

Oktyabrskiy District Court of Krasnoyarsk

(proceedings pending on the date when the application was lodged with the Court)

7,500

31744/21

27/05/2021

Ivan Nikolayevich MIKHAYLOV

1980

Pskov Town Court, Pskov Regional Court (video link)

24/02/2021

7,500

31766/21

03/06/2021

Irina Vladislavovna TYUMENTSEVA

1972

Zheleznodorozhniy District Court of Samara, Samarskiy District Court of Samara, Samara Regional Court (video link)

03/12/2020

7,500

32139/21

01/06/2021

Vladislav Garunovich MASHUROV

1970

Suzdalskiy District Court of the Vladimir Region, Vladimir Regional Court

02/12/2020

7,500

32189/21

30/08/2021

Arat-ool Vasilyevich ARY

1993

Oktyabrskiy District Court of Krasnoyarsk

01/07/2021

7,500

32190/21

15/07/2021

Timur Minnezakiyevich KHASANSHIN

Kirovskiy District Court of Krasnoyarsk, Tsentralniy District Court of Krasnoyarsk

13/05/2021

7,500

32251/21

08/06/2021

Andrey Mikhaylovich IUS

1991

Novosibirskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)

15/12/2020

7,500

32724/21

04/06/2021

Roman Olegovich YAKIMOV

1982

Finashkin Andrey Yuryevich

Kursk

Zheleznogorsk Town Court of the Kursk Region

17/12/2020

7,500

32811/21

13/09/2021

Sergey Olegovich ABOLMASOV

1985

Sovetskiy District Court of Krasnoyarsk

(proceedings pending on the date when the application was lodged with the Court)

7,500

32824/21

01/06/2021

Olga Zurabovna SHCHEDRINA

1981

Finashkin Andrey Yuryevich

Kursk

Promyshlenniy District Court of Kursk

29/12/2020

7,500

32837/21

07/06/2021

Timur Arongulovich TEMIROV

1970

Amursk Town Court of the Khabarovsk Region

25/03/2021

7,500

32877/21

29/11/2021

Aleksandr Sergeyevich STEPANOV

1992

Achinsk Town Court of the Krasnoyarsk Region

(proceedings pending on the date when the application was lodged with the Court)

7,500

33064/21

31/05/2021

Vyacheslav Vladimirovich RUMYANTSEV

1985

Tsentralniy District Court of Krasnoyarsk

(proceedings pending on the date when the application was lodged with the Court)

7,500

33086/21

02/06/2021

Vladimir Yevgenyevich LISIN

1994

Polonskiy Aleksandr Viktorovich

Volgograd

Dzerzhinskiy District Court of Volgograd

(proceedings pending on the date when the application was lodged with the Court)

7,500

33101/21

11/06/2021

Aleksandr Sergeyevich RAZNOVAN

1988

Sverdlovskiy District Court of Kostroma, Belovo Town Court of the Kemerovo Region

(proceedings pending on the date when the application was lodged with the Court)

7,500

33358/21

02/06/2021

Konstantin Borisovich KLOPOTOVSKIY

1989

Finashkin Andrey Yuryevich

Kursk

Promyshlenniy District Court of Kursk

29/12/2020

7,500

33452/21

07/06/2021

Boris Zurabovich SICHINAVA

1979

Finashkin Andrey Yuryevich

Kursk

Promyshlenniy District Court of Kursk

29/12/2020

7,500

33850/21

08/06/2021

Aleksandr Yuryevich BRYANTSEV

1977

Basmanniy District Court of Moscow, Moscow City Court (video link)

24/05/2021

Art. 5 (3) - excessive length of pre-trial detention - Detention on remand from 02/04/2020 to 10/06/2021 in the absence of sufficient reasons aside from the gravity of the charges (punishable with over three yearsâ€™ imprisonment)

9,750

34370/21

15/06/2021

Artur Vladimirovich TRUNOV

1975

Polonskiy Aleksandr Viktorovich

Volgograd

Voroshilovskiy District Court of Volgograd

09/06/2021

7,500

34550/21

10/06/2021

Gennadiy Mikhaylovich KAPICHNIKOV

1984

Oktyabrskiy District Court of Tambov

15/03/2021

7,500

34854/21

04/02/2021

Igor Vladimirovich YUSHKIN

1983

Volgograd Regional Court

17/09/2020

7,500

35133/21

22/06/2021

Kseniya Mikhaylovna KORSHUNOVA

1999

Polonskiy Aleksandr Viktorovich

Volgograd

Voroshilovskiy District Court of Volgograd, Tsentralniy District Court of Volgograd, Volgograd Regional Court

(proceedings pending on the date when the application was lodged with the Court)

7,500

35369/21

20/01/2022

Denis Grigoryevich SABUROV

1985

Tsentralniy District Court of Chita

16/09/2021

7,500

35432/21

23/06/2021

Kristina Olegovna PUTYATINA

1989

Polonskiy Aleksandr Viktorovich

Volgograd

Voroshilovskiy District Court of Volgograd, Tsentralniy District Court of Volgograd; Dzerzhinskiy District Court of Volgograd, Volgograd Regional Court

13/04/2021

7,500

36492/21

20/06/2021

Rafael Isameddin-ogly GEREYKHANOV

1977

Novosibirskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)

23/12/2020

7,500

36537/21

03/07/2021

(4 applicants)

Oleg Yuryevich VARFOLAMEYEV

1990

Ivan Sergeyevich BELOBORODOV

1984

Nikolay Vladimirovich ILYIN

1978

Dmitriy Anatolyevich KESLER

1966

Suslova Irina Aleksandrovna

Vyborg

Vyborg Town Court of the Leningrad Region

05/03/2021

7,500

36769/21

01/07/2021

Yevgeniy Vasilyevich GALINSKIY

1985

Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)

12/02/2021

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant, a convicted prisoner serving his sentence, was unable to vote in parliamentary elections (State Duma) in September 2021

7,500

37485/21

16/06/2021

Dmitriy Viktorovich KOSTYGOV

1981

Vologda Regional Court (video link)

13/05/2021

7,500

37691/21

28/06/2021

Dmitriy Vladimirovich OBUKHAN

1974

Dzerzhinskiy District Court of St Petersburg

(proceedings pending on the date when the application was lodged with the Court)

7,500

43409/21

14/08/2021

Dalgat Israpilovich GADZHIYEV

1981

Shukhardin Valeriy Vladimirovich

Moscow

Nizhniy Novgorod Regional Court (video link)

(proceedings pending on the date when the application was lodged with the Court)

7,500

43920/21

02/08/2021

Yevgeniy Gennadyevich DRUZHININ

1976

Kirovskiy District Court of Krasnoyarsk

24/02/2021

7,500

43921/21

02/08/2021

Dmitriy Borisovich KALININ

1981

Krasnoyarsk Regional Court

24/03/2021

7,500

44382/21

13/08/2021

Gor Saakovich ZOGRABYAN

1986

Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)

31/05/2021

7,500

49802/21

05/11/2021

Roman Sergeyevich SKRYABIN

1984

Cherepanovskiy District Court of the Novosibirsk Region, Novosibirsk Regional Court (video link)

(proceedings pending on the date when the application was lodged with the Court)

7,500

14136/22

17/02/2022

Roman Ruslanovich DEREVENKO

1996

Gurenko Vitaliy Sergeyevich

Krasnoyarsk

Tsentralniy District Court of Krasnoyarsk

(proceedings pending on the date when the application was lodged with the Court)

7,500

14876/22

25/02/2022

Kirill Aleksandrovich YUSHIN

2005

Pervomayskiy District Court of Novosibirsk

25/08/2021

7,500

15083/22

02/03/2022

Nikolay Vladimirovich MOROZOV

1986

Syktyvkar Town Court of the Republic of Komi (video link)

(proceedings pending on the date when the application was lodged with the Court)

7,500

15431/22

04/03/2022

Ivan Mikhaylovich PLAMADYALA

1987

Justice of the Peace of the Petrozavodskiy Court Circuit of Syvtyrkar, the Republic of Komi

30/12/2021

7,500

15966/22

25/02/2022

Andrey Anatolyevich PROTASOV

1980

Kavkazkiy Nikolay Yuryevich

Moscow

Sixth Appellate Court of General Jurisdiction

26/08/2021

7,500

16182/22

02/03/2022

Stanislav Vyacheslavovich PINIGIN

1985

Yoshkar-Ola Town Court of the Republic of Mariy El, Supreme Court of the Republic of Mariy El, Sixth Appellate Court (video link)

18/01/2022

Art. 3 - inadequate conditions of detention during transport - transit cell - TPP-7 IK-19 Kazan from 23/09/2021 to 03/10/2021;

van on 3/10/2021 during 17 hours

train on 12/10/2021:

Specific grievances: applicant transported on numerous occasions, overcrowding, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient quantity of food, handcuffing during escort.

8,500

16386/22

09/03/2022

Ruslan Rodionovich KHAMATDINOV

1995

Drobyshev Oleg Petrovich

St Petersburg

Kalininskiy District Court of St Petersburg

19/11/2021

7,500

16581/22

03/03/2022

Roman Valeryevich MOROZOV

1980

Syktyvdinskiy District Court of the Republic of Komi

02/12/2021

7,500

17382/22

17/02/2022

Akhmad Ibodullokhodzhayevich SULTONOV

1983

Kalininsky District Court of St Petersburg, St Petersburg City Court (video link)

20/12/2021

7,500

18105/22

11/03/2022

Domennika Aleksandrovna BOYARINTSEVA

1982

Syktyvkar Town Court of the Republic of Komi, Supreme Court of the Republic of Komi (video link)

20/09/2021

7,500

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

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CASE OF KHARLAMOV AND OTHERS v. RUSSIA

CASE OF KHARLAMOV AND OTHERS v. RUSSIA

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