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You are here: BAILII >> Databases >> European Court of Human Rights >> UTIN AND OTHERS v. RUSSIA - 54784/16 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2022] ECHR 948 (10 November 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/948.html Cite as: CE:ECHR:2022:1110JUD005478416, ECLI:CE:ECHR:2022:1110JUD005478416, [2022] ECHR 948 |
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THIRD SECTION
CASE OF UTIN AND OTHERS v. RUSSIA
(Applications nos. 54784/16 and 41 others –
see appended list)
JUDGMENT
STRASBOURG
10 November 2022
This judgment is final but it may be subject to editorial revision.
In the case of Utin and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 20 October 2022,
Delivers the following judgment, which was adopted on that date:
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 their detention. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
6. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
8. 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.
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 applicants’ conditions of detention, as described in the appended table below, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
11. In applications nos. 705/18, 4273/18, 10092/18 and 10379/18 the applicants submitted a complaint under Article 13 of the Convention. The Court does not consider it necessary to examine the complaint separately.
12. In application no. 7977/18, the applicant also raised other complaints under Article 3 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.
It follows that this part of application 7977/18 must be rejected in accordance with Article 35 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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.”
15. 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, no. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.
16. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the inadequate conditions of detention after conviction during the periods indicated in the appended table admissible, decides that it is not necessary to examine separately some of the applicants’ complaints under Article 13 of the Convention and declares the remainder of application no. 7977/18 inadmissible;
3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction;
4. Holds
(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 10 November 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
|
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 |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
|
54784/16 29/08/2016 |
Yuriy Nikolayevich UTIN 1961 |
|
IK-11 Nizhniy Novgorod Region 01/03/2010 - pending More than 12 year(s) and 6 month(s) and 2 day(s) |
140 inmate(s) 2.2 m² 6 toilet(s) |
overcrowding, lack or inadequate furniture, no or restricted access to warm water, poor quality of food, no or restricted access to toilet, insufficient time to eat |
12,500 |
|
|
64023/16 25/10/2016 |
Vladimir Nikolayevich LEGENKOV 1981 |
|
IK-11 Nizhny Novgorod 01/07/2013 - pending More than 9 year(s) and 2 month(s) and 2 day(s) |
2.2 m² |
overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to warm water |
12,500 |
|
|
44936/17 22/05/2017 |
Igor Viktorovich ISACHENKOV 1973 |
|
IK-11 Nizhniy Novgorod 28/05/2012 - pending More than 10 year(s) and 3 month(s) and 6 day(s) |
140 inmate(s) 2.2 m² 6 toilet(s) |
no or restricted access to warm water, lack or inadequate furniture, no leisure room, no household room, poor quality of food, lack or insufficient quantity of food, lack of winter clothes and shoes, lack of blankets, insufficient time for taking food, lack of or inadequate hygienic facilities |
12,500 |
|
|
71433/17 22/09/2017 |
Andrey Leonidovich LAPIN 1963 |
|
IK-11 Nizhny Novgorod Region 26/12/2006 - pending More than 15 year(s) and 8 month(s) and 8 day(s) |
130 inmate(s) 2.3-2.5 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, poor quality of food, lack or inadequate furniture |
12,500 |
|
|
75962/17 17/10/2017 |
Viktor Sergeyevich NOVIKOV 1979 |
|
IK-11 Nizhniy Novgorod Region 22/05/2006 - pending More than 16 year(s) and 3 month(s) and 12 day(s) |
140 inmate(s) 2.2 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities |
12,500 |
|
|
75965/17 16/10/2017 |
Vasiliy Vasilyevich TSYPLYAKOV 1977 |
|
IK-11 Nizhniy Novgorod Region 10/07/2006 - pending More than 16 year(s) and 1 month(s) and 24 day(s) |
140 inmate(s) 2.2 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or restricted access to leisure or educational activities |
12,500 |
|
|
80171/17 13/11/2017 |
Sergey Viktorovich PEREVEZENTSEV 1976 |
|
IK-11 Nizhniy Novgorod Region (cell type facilities) 01/04/2017 - pending More than 5 year(s) and 5 month(s) and 2 day(s) |
6 inmate(s) 2 m² 1 toilet(s) |
lack of fresh air, lack of or insufficient natural light, overcrowding, passive smoking |
12,500 |
|
|
82128/17 27/11/2017 |
Feliks Mairbekovich SOVLOKHOV 1986 |
|
IK-11 Nizhniy Novgorod (PKT, disciplinary ward, strict regime cameras) 25/05/2016 - pending More than 6 year(s) and 3 month(s) and 9 day(s) |
2.5 m² |
lack of fresh air, infestation of cell with insects/rodents, overcrowding, bunk beds, passive smoking, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to potable water |
12,500 |
|
|
83266/17 25/11/2017 |
Stanislav Viktorovich MIKHALEV 1991 |
|
IK-11 Nizhny Novgorod Region 18/12/2012 - pending More than 9 year(s) and 10 month(s) |
6 inmate(s) 2.5 m² 1 toilet(s) |
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, passive smoking, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or inadequate furniture |
12,500 |
|
|
705/18 05/12/2017 |
Dmitriy Mikhaylovich KOSAREV 1982 |
|
IK-11 Nizhniy Novgorod region 19/01/2015 - pending More than 7 year(s) and 7 month(s) and 15 day(s) |
|
lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to shower, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air |
12,500 |
|
|
1019/18 07/12/2017 |
Anatoliy Grigoryevich GRINEVICH 1968 |
|
IK-11 Nizhniy Novgorod Region 21/01/2016 - pending More than 6 year(s) and 7 month(s) and 13 day(s) |
145 inmate(s) 2.3 m² 6 toilet(s) |
lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to shower, no or restricted access to toilet |
12,500 |
|
|
2252/18 07/12/2017 |
Roman Aleksandrovich BOGDANOV 1978 |
|
IK-11 Nizhniy Novgorod Region 02/05/2017 - pending More than 5 year(s) and 4 month(s) and 1 day(s) |
145 inmate(s) 2.2 m² |
no or restricted access to toilet, no or restricted access to running water, overcrowding in the kitchen, inadequate temperature, lack of requisite medical assistance, the applicant lives in educative room, poor quality of food |
12,500 |
|
|
3051/18 19/12/2017 |
Vladislav Igorevich PINDYURIN 1990 |
|
IK-11 Nizhny Novgorod Region 01/03/2017 - pending More than 5 year(s) and 6 month(s) and 2 day(s) |
2.2 m² |
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, inadequate temperature, lack of requisite medical assistance, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of winter clothing |
12,500 |
|
|
3053/18 12/12/2017 |
Andrey Sergeyevich PEKAREV 1988 |
|
IK-11 Nizhniy Novgorod Region 30/10/2017 - pending More than 4 year(s) and 10 month(s) and 4 day(s) |
140 inmate(s) 2.2-2.6 m² |
no or restricted access to toilet, lack of fresh air |
12,500 |
|
|
4273/18 10/12/2017 |
Andrey Aleksandrovich BORISOV 1986 |
|
IK-11 Nizhniy Novgorod Region 01/10/2013 - pending More than 8 year(s) and 11 month(s) and 2 day(s) |
120 inmate(s) 2 m² |
overcrowding, lack of fresh air, infestation of cell with insects/rodents |
12,500 |
|
|
4571/18 25/12/2017 |
Andrey Grigoryevich GEORGIYEVSKIY 1983 |
|
IK-11 Nizhniy Novgorod Region 20/04/2012 - pending More than 10 year(s) and 4 month(s) and 14 day(s) |
130 inmate(s) 2.2-2.5 m² 6 toilet(s) |
overcrowding, lack of fresh air, poor quality of food |
12,500 |
|
|
5329/18 25/12/2017 |
Anton Albertovich ZAMORKOV 1989 |
|
IK-11 Nizhniy Novgorod Region 06/02/2012 - pending More than 10 year(s) and 6 month(s) and 28 day(s) |
135 inmate(s) 2.3-2.5 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, poor quality of food, no warm clothes and footwear provided for wintertime |
12,500 |
|
|
7977/18 24/01/2018 |
Olimdzhon Khomidovich SAIDAKHMADOV 1972 |
|
IK-11 Nizhny Novgorod Region 04/07/2016 - pending More than 6 year(s) and 1 month(s) and 30 day(s) |
2.1 m² |
overcrowding, lack of or inadequate hygienic facilities, lack of requisite medical assistance, mouldy or dirty cell, infestation of cell with insects/rodents |
12,500 |
|
|
8756/18 05/02/2018 |
Sadrutdin Sakhavatovich SAKHAVATOV 1971 |
|
IK-11 Nizhny Novgorod Region 01/07/2013 -pending More than 9 year(s) and 2 month(s) and 2 day(s) |
130 inmate(s) 2.1-2.3 m² 6 toilet(s) |
overcrowding, inadequate number of toilets and wash basins |
12,500 |
|
|
10092/18 29/01/2018 |
Andrey Sergeyevich ALESHIN 1971 |
|
IK-11 Nizhniy Novgorod Region 29/08/2011 -pending More than 11 year(s) and 5 day(s) |
130 inmate(s) 2.1-2.3 m² 6 toilet(s) |
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents |
12,500 |
|
|
10379/18 03/12/2017 |
Zaur Mursalovich ALIYEV 1989 |
|
IK-11 Nizhniy Novgorod Region 01/04/2014 - pending More than 8 year(s) and 5 month(s) and 2 day(s) |
2 m² |
lack of fresh air, overcrowding, infestation of cell with insects/rodents |
12,500 |
|
|
11742/18 20/02/2018 |
Viktor Konstantinovich KARSAKOV 1954 |
|
IK-11 Nizhniy Novgorod Region 01/02/2012 - pending More than 10 year(s) and 7 month(s) and 2 day(s) |
140 inmate(s) 2 m² 6 toilet(s) |
overcrowding, lack of fresh air |
12,500 |
|
|
13624/18 16/02/2018 |
Soslan Kazbekovich YESIYEV 1982 |
|
IK-11 Nizhniy Novgorod Region 10/11/2014 - pending More than 7 year(s) and 9 month(s) and 24 day(s) |
140 inmate(s) 2.3 m² 6 toilet(s) |
poor quality of food, inadequate clothing |
12,500 |
|
|
14219/18 05/03/2018 |
Mikhail Mikhaylovich GAGARIN 1988 |
|
IK-11 Nizhniy Novgorod Region 12/10/2017 - pending More than 4 year(s) and 10 month(s) and 22 day(s) |
2 m² |
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air |
12,500 |
|
|
14410/18 23/05/2018 |
Marat Rafitovich AKHTAMZYANOV 1973 |
|
IK-11 Nizhniy Novgorod Region 27/11/2007 - pending More than 14 year(s) and 9 month(s) and 7 day(s) |
135 inmate(s) 2.37 m² 6 toilet(s) |
no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food |
12,500 |
|
|
15851/18 13/03/2018 |
Yuriy Lvovich LANSHIN 1956 |
|
IK-11 Nizhniy Novgorod Region 20/02/2017 - pending More than 5 year(s) and 6 month(s) and 14 day(s) |
145 inmate(s) 2.1 m² 6 toilet(s) |
overcrowding, lack of fresh air, poor quality of food, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents |
12,500 |
|
|
16100/18 21/03/2018 |
Aleksandr Viktorovich ISAYEV 1973 |
|
IK-11 Nizhniy Novgorod Region 31/05/2016 -pending More than 6 year(s) and 3 month(s) and 3 day(s) |
140 inmate(s) 2 m² 6 toilet(s) |
overcrowding, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell |
12,500 |
|
|
17140/18 26/03/2018 |
Dmitriy Vladimirovich MAYSYUK 1992 |
|
IK-11 Nizhniy Novgorod 30/06/2016 - pending More than 6 year(s) and 2 month(s) and 4 day(s) |
140 inmate(s) 2 m² 6 toilet(s) |
overcrowding, sharing cells with inmates infected with contagious disease, lack of fresh air, lack of requisite medical assistance |
12,500 |
|
|
18779/18 02/04/2018 |
Ivan Ivanovich LENDEL 1988 |
|
IK-11 Nizhniy Novgorod Region 03/08/2015 - pending More than 7 year(s) and 1 month(s) |
137 inmate(s) 2.2 m² 6 toilet(s) |
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of fresh air |
12,500 |
|
|
19889/18 13/04/2018 |
Vladimir Vladimirovich GAVRILOV 1986 |
|
IK-11 Nizhniy Novgorod Region 04/07/2016 - pending More than 6 year(s) and 1 month(s) and 30 day(s) |
130 inmate(s) 2.3-2.5 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, failure to provide warm clothes and footwear for winter, insufficient number of toilets and wash basins |
12,500 |
|
|
20437/18 11/04/2018 |
Fyarit Ravilyevich KARAYEV 1967 |
|
IK-11 Nizhniy Novgorod Region 19/06/2017 to 27/11/2017 5 month(s) and 9 day(s)
IK-11 Nizhniy Novgorod 25/12/2017 - pending More than 4 year(s) and 8 month(s) and 9 day(s) |
100 inmate(s) 2 m² 7 toilet(s)
100 inmate(s) 2 m² 7 toilet(s) |
poor quality of food, overcrowding
overcrowding, poor quality of food |
12,500 |
|
|
21498/18 25/04/2018 |
Igor Petrovich MAKAROV 1970 |
|
IK-11 Nizhniy Novgorod Region 28/08/2017 - pending More than 5 year(s) and 6 day(s) |
2 m² |
lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food |
12,500 |
|
|
22632/18 18/06/2018 |
Roman Viktorovich POPOV 1982 |
|
IK-11 Nizhniy Novgorod Region 25/11/2014 - pending More than 7 year(s) and 9 month(s) and 9 day(s) |
2 m² 6 toilet(s) |
overcrowding, 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, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light |
12,500 |
|
|
23160/18 03/05/2018 |
Ilsur Ilkamovich ZARIPOV 1976 |
|
IK-11 Nizhniy Novgorod Region 27/02/2017 - pending More than 5 year(s) and 6 month(s) and 7 day(s) |
130 inmate(s) 2 m² 6 toilet(s) |
lack of fresh air, sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, poor quality of food |
12,500 |
|
|
23389/18 03/05/2018 |
Roman Viktorovich MOSKALEV 1985 |
|
IK-11 Nizhniy Novgorod Region 26/05/2017 - pending More than 5 year(s) and 3 month(s) and 8 day(s) |
120 inmate(s) 2.5 m² 6 toilet(s) |
poor quality of food, overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents |
12,500 |
|
|
31321/18 09/06/2018 |
Anton Vladimirovich ISAKOV 1984 |
|
IK-11 Nizhny Novgorod Region 17/11/2017 - pending More than 4 year(s) and 9 month(s) and 17 day(s) |
2.3 m² |
overcrowding, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, cracking walls |
12,500 |
|
|
31325/18 09/06/2018 |
Sergey Gennadiyevich NOVICHKOV 1994 |
|
IK-11 Nizhniy Novgorod Region 04/09/2017 - pending More than 4 year(s) and 11 month(s) and 30 day(s) |
2.3 m² |
overcrowding, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food |
12,500 |
|
|
31457/18 19/06/2018 |
Maksim Vladimirovich SAVCHENKO 1984 |
Zhiltsov Sergey Valeryevich Bor |
IK-11 Nizhniy Novgorod Region 23/02/2018 - pending More than 4 year(s) and 6 month(s) and 11 day(s) |
2 m² |
overcrowding, lack of requisite medical assistance, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, poor quality of food, lack of or insufficient natural light, lack or inadequate furniture |
12,500 |
|
|
31740/18 09/06/2018 |
Sergey Vladimirovich ILYIN 1972 |
|
IK-11 Nizhniy Novgorod Region 21/11/2016 - pending More than 5 year(s) and 9 month(s) and 13 day(s) |
130 inmate(s) 2.3 m² 6 toilet(s) |
overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to running water, no or restricted access to toilet, poor quality of food, infestation of cell with insects/rodents
|
12,500 |
|
|
33133/18 27/06/2018 |
Dmitriy Yuryevich YABLOKOV 1972 |
|
IK-11 Nizhniy Novgorod Region 04/06/2018 - pending More than 4 year(s) and 2 month(s) and 30 day(s) |
28 inmate(s) 2 m² |
overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, constant electric light, lack of or insufficient electric light
|
12,500 |
|
|
33494/18 27/06/2018 |
Zakar Ashotovich GALUSTYAN 1985 |
|
IK-11 Nizhniy Novgorod Region 02/04/2016 - pending More than 6 year(s) and 5 month(s) and 1 day(s) |
2 m² |
lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food |
12,500 |
|
|
34903/18 06/07/2018 |
Valentin Sergeyevich CHIZHENKOV 1986 |
|
IK-11 Nizhniy Novgorod Region 13/11/2011 - pending More than 10 year(s) and 9 month(s) and 21 day(s) |
130 inmate(s) 2.5 m² 6 toilet(s) |
no or restricted access to warm water, poor quality of food, inadequate clothing |
12,500 |
