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You are here: BAILII >> Databases >> European Court of Human Rights >> AKHMEDYANOV AND OTHERS v. RUSSIA - 11243/17 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2022] ECHR 991 (10 November 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/991.html Cite as: ECLI:CE:ECHR:2022:1110JUD001124317, [2022] ECHR 991, CE:ECHR:2022:1110JUD001124317 |
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THIRD SECTION
CASE OF AKHMEDYANOV AND OTHERS v. RUSSIA
(Applications nos. 11243/17 and 20 others –
see appended list)
JUDGMENT
STRASBOURG
10 November 2011
This judgment is final but it may be subject to editorial revision.
In the case of Akhmedyanov 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.”
7. 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, Muršić v. Croatia [GC], no. 7334/13, §§ 96-177, 20 October 2016; Kudła 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, Karalevičius v. Lithuania, no. 53254/99, §§ 36–40, 7 April 2005).
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 during the periods indicated in the appended table were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. Some applicants also raised issues under the Convention, given the relevant well-established case-law of the Court (see the 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 Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019.
IV. REMAINING COMPLAINTS
12. Several applicants submitted complaints under Article 13 of the Convention in relation to their conditions-of-detention complaints. The Court does not consider it necessary to examine these complaints separately.
13. In application no. 15707/18, the applicant also raised other complaints under the Convention.
14. 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 the application must be rejected in accordance with Article 35 § 4 of the Convention.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
15. 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.”
16. 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.
17. 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 set out in the appended table and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, finds that it is not necessary to examine separately the complaints under Article 13 of the Convention raised in relation to the conditions-of-detention complaints, and decides that the remainder of application no. 15707/18 is 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 that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see the appended table);
5. 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 2011, 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 |
Other complaints under well-established case-law |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
|
11243/17 28/03/2017 |
Ruslan Gafuryanovich AKHMEDYANOV 1987 |
|
IK-46 Sverdlovsk Region 24/02/2011 to 08/12/2018 7 year(s) and 9 month(s) and 15 day(s) |
219 inmate(s) 2-2.5 m˛ |
overcrowding, lack of or insufficient natural light, inadequate temperature, no or restricted access to toilet, no or restricted access to running water |
|
10,300 |
|
|
15540/17 15/02/2017 |
Aleksandr Sergeyevich FEDOTOV 1979 |
|
IK-11 Stavropol 02/02/2016 to 02/11/2016 9 month(s) and 1 day(s)
18/11/2016 to 31/07/2017 8 month(s) and 14 day(s) |
100 inmate(s) 2.5 m˛ 4 toilet(s)
|
poor quality of food, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, mouldy or dirty cell, lack of requisite medical assistance |
|
6,500 |
|
|
28899/17 21/03/2017 |
Yevgeniy Vladimirovich IVASHCHENKO 1983 |
|
IK-16 Murmansk Region 22/07/2015 to 03/03/2017 1 year(s) and 7 month(s) and 10 day(s) |
97 inmate(s) 2.2 m˛ 4 toilet(s) |
lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, lack of privacy for toilet, lack or insufficient quantity of food |
|
5,000 |
|
|
35524/17 25/04/2017 |
Pavel Sergeyevich UKHANOV 1979 |
|
IK-5 Krasnoyarsk Region 27/12/2012 to 26/11/2018 5 year(s) and 11 month(s) |
2.3 m˛ |
overcrowding, lack of clothing appropriate for winter, no or restricted access to toilet, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, obligatory physical exercises in cold weather, lack of fresh air, poor quality of food |
|
10,000 |
|
|
75154/17 06/10/2017 |
Yuriy Mikhaylovich KOZAR 1991 |
|
IK-5 Krasnoyarsk Region 02/10/2014 to 23/12/2021 7 year(s) and 2 month(s) and 22 day(s) |
170 inmate(s) 2 m˛ 4 toilet(s) |
lack of or inadequate hygienic facilities, lack of privacy for toilet |
|
12,500 |
|
|
83424/17 23/05/2018 |
Sergey Anatolyevich GAPON 1975 |
|
IK-16 Murmansk Region 02/07/2016 to 03/08/2021 5 year(s) and 1 month(s) and 2 day(s) |
125 inmate(s) 2 m˛ 4 toilet(s) |
lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease |
|
12,500 |
|
|
568/18 05/12/2017 |
Pavel Yuryevich BAKHMATOV 1982 |
Gavrilitsa Irina Aleksandrovna Krasnoyarsk |
IK-17 Krasnoyarsk Region 30/01/2012 to 05/08/2017 5 year(s) and 6 month(s) and 7 day(s) |
2 m˛ |
lack of warm clothes, inadequate temperature, lack of fresh air, small courtyard, lack of or restricted access to leisure or educational activities, lack of requisite medical assistance, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet |
Art. 13 - lack of any effective remedy in domestic law in respect of the video surveillance complaint,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - 30/01/2012 - 05/08/2017 IK-17 Krasnoyarsk Region Opposite-sex operators |
5,000 |
|
|
1931/18 30/10/2017 |
Aleksey Borisovich YEFANOV 1980 |
|
IK-34 Krasnoyarsk Region 19/12/2009 to 22/08/2018 8 year(s) and 8 month(s) and 4 day(s) |
140 inmate(s) 2.55 m˛ 8 toilet(s) |
overcrowding, hindered passage to the sleeping place and in the corridor, lack of or restricted access to leisure or educational activities, sharing cells with inmates infected with contagious disease |
|
7,500 |
|
|
2294/18 11/12/2017 |
Roman Viktorovich BUKHTEYEV 1976 |
|
IK-4 Nizhniy Novgorod Region 03/11/2014 to 07/11/2017 3 year(s) and 5 day(s) |
2.2 m˛ |
overcrowding, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack or insufficient quantity of food |
|
5,000 |
|
|
15707/18 22/03/2018 |
Ivan Nikolayevich TSYGANOV 1995 |
|
IK-5 Kirov Region 02/08/2016 to 30/03/2018 1 year(s) and 8 month(s) and 4 day(s) |
100 inmate(s) 2.5 m˛ 7 toilet(s) |
overcrowding, leaking roof in the prison dorm, no or restricted access to shower, poor quality of food, insufficient number of toilets and wash basins, mouldy or dirty cell, lack of fresh air |
|
5,300 |
|
|
17928/18 23/03/2018 |
Givi Levanovich DIASAMIDZE 1971 |
|
IK-16 Murmansk Region 16/11/2012 to 31/08/2018 5 year(s) and 9 month(s) and 16 day(s) |
100 inmate(s) 2.07 m˛ 4 toilet(s) |
overcrowding, inadequate temperature, mouldy or dirty cell, lack of fresh air, lack of or restricted access to leisure or educational activities, insufficient number of toilets and wash basins, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease |
|
6,500 |
|
|
19713/18 30/03/2018 |
Arsen Feliksovich MATOSYAN 1970 |
|
IK-16 Murmansk Region 15/08/2015 to 13/03/2018 2 year(s) and 6 month(s) and 27 day(s) |
105 inmate(s) 2.2 m˛ |
overcrowding, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of privacy for toilet, no or restricted access to running water, lack of or restricted access to leisure or educational activities |
|
5,000 |
|
|
20290/18 10/04/2018 |
Aleksandr Anatolyevich MOROZOV 1969 |
|
IK-5 Ivanovo Region 01/06/2009 to 13/07/2018 9 year(s) and 1 month(s) and 13 day(s) |
120 inmate(s) 2.5 m˛ 5 toilet(s) |
lack of privacy for toilet, infestation of cell with insects/rodents, lack of fresh air, passive smoking, lack of or insufficient natural light, no or restricted access to warm water |
|
6,000 |
|
|
20464/18 10/04/2018 |
Maksim Nikolayevich VASILCHIKOV 1978 |
|
IK-15 Nizhniy Novgorod Region 01/04/2012 to 31/10/2017 5 year(s) and 7 month(s) |
100 inmate(s) 2.3 m˛ 8 toilet(s) |
no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, inadequate clothing |
|
5,000 |
|
|
22823/18 25/04/2018 |
Vladimir Sergeyevich SHEVLYUGA 1991 |
|
IK-5 Kirov Region 19/07/2016 to 05/12/2017 1 year(s) and 4 month(s) and 17 day(s) |
110 inmate(s) 2.04-2.08 m˛ 7 toilet(s) |
overcrowding, insufficient number of toilets and wash basins, insufficient number of shower heads, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, insufficient number of spoons, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water, no or restricted access to warm water, mouldy or dirty cell |
|
5,000 |
|
|
23765/18 04/05/2018 |
Vladislav Andreyevich STEPANISHCHEV 1989 |
|
OIK-36 IK-34 Krasnoyarsk Region 24/05/2017 to 09/02/2018 8 month(s) and 17 day(s) |
140 inmate(s) 2.3 m˛ 8 toilet(s) |
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or restricted access to leisure or educational activities |
|
4,000 |
|
|
23798/18 21/04/2018 |
Oleg Nikolayevich KASATKIN 1985 |
|
IK-5 Ivanovo Region 03/05/2013 to 20/03/2018 4 year(s) and 10 month(s) and 18 day(s) |
2 m˛ |
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to shower, passive smoking, overcrowding |
|
5,000 |
|
|
26034/18 16/05/2018 |
Yuriy Timofeyevich NECHAYEV 1986 |
|
IK-5 Kirov Region 11/10/2016 to 27/03/2018 1 year(s) and 5 month(s) and 17 day(s) |
100 inmate(s) 2.4 m˛ |
inadequate prison clothing, poor quality of food, lack or inadequate furniture |
|
5,000 |
|
|
26412/18 15/05/2018 |
Dmitriy Aleksandrovich LIMANSKIY 1979 |
|
IK-1 Komi Republic 20/03/2017 to 17/11/2020 3 year(s) and 7 month(s) and 29 day(s) |
2 m˛ |
constant electric light, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to warm water, poor quality of food |
|
12,500 |
|
|
31112/18 13/07/2018 |
Andrey Vladimirovich OVECHKIN 1985 |
|
IK-5 Krasnoyarsk Region 31/05/2013 to 16/05/2020 6 year(s) and 11month(s) and 17 day(s) |
120 inmate(s) 2 m˛ 4 toilet(s) |
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, no or restricted access to shower, lack of or restricted access to leisure or educational activities |
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-5 Krasnoyarsk Region, 01/03/2019 - 16/03/2019, 16/03/2019 - 15/05/2020. Opposite-sex operators, video surveillance in a lavatory and/or shower room |
10,800 |
|
|
11709/19 12/02/2019 |
Denis Vladimirovich KUROCHKIN 1986 |
|
IK-I Komi Republic 01/03/2017 to 20/07/2022 5 year(s) and 4 month(s) and 20 day(s) |
2 m˛ |
overcrowding, bunk beds, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to potable water, no or restricted access to warm water, poor quality of food, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease |
|
12,500 |
