CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 4 octobre 2016

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RUSSIA   (Applications nos. 2653/13 and 60980/14)               JUDGMENT     STRASBOURG   4 October 2016     FINAL   06/03/2017   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of Yaroslav Belousov v. Russia, The European Court of Human Rights (Third Section), sitting as a   Chamber composed of:   Luis López Guerra, President,   Helena Jäderblom,   Helen Keller,   Dmitry Dedov,   Branko Lubarda,   Georgios A. Serghides,   Pere Pastor Vilanova, judges, and Stephen Phillips, Section Registrar, Having deliberated in private on 6 September 2016, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in two applications (nos.   2653/13 and 60980/14) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Yaroslav Gennadiyevich Belousov (“the applicant”), on 20 December 2012 and 2 September 2014 respectively. 2.     The applicant was represented by Mr D.V. Agranovskiy, a lawyer practising in Elektrostal. The Russian Government (“the Government”) were represented by Mr   G.   Matyushkin, Representative of the Russian Federation to the European Court of Human Rights. 3.     The applicant complained about his prosecution and conviction for participation in mass disorder. He claimed that his pre-trial detention was not based on relevant and sufficient reasons and complained that various aspects of his detention had amounted to a degrading treatment. He also complained that he did not receive a fair hearing in the criminal proceedings and alleged a violation of his right to freedom of expression and his right to freedom of peaceful assembly. 4.     On 10 September 2013 and 13 October 2014 the applications were communicated to the Government. The applications were granted priority under Rule 41 of the Rules of Court. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1991 and lives in Moscow. 6.     On 6 May 2012 the applicant was arrested during the dispersal of a political rally at Bolotnaya Square in Moscow. He was found guilty of failure to obey lawful police orders, an offence under Article 19.3 of the Code of Administrative Offences, and was subsequently charged with participation in mass disorder and with having committed violent acts against police officers, criminal offences provided for by Articles   212   §   2 and 318 § 1 of the Criminal Code. He was detained and tried on these charges and was convicted to a prison term of two years and three months. A.     The public assembly of 6 May 2012 7.     The background facts relating to the planning, conduct and dispersal of the assembly at Bolotnaya Square are set out in more detail in the judgment Frumkin v. Russia (no. 74568/12, §§   7-65, 5   January 2016). The parties’ submissions on the circumstances directly relevant to the present case are set out below. 8.     On 23 April 2012 five individuals (Mr I.   Bakirov, Mr S.   Davidis, Ms   Y.   Lukyanova, Ms N.   Mityushkina and Mr S.   Udaltsov) submitted notice of a public demonstration to the mayor of Moscow. The aim of the demonstration was “to protest against abuses and falsifications in the course of the elections to the State Duma and of the President of the Russian Federation, and to demand fair elections, respect for human rights, the rule of law and the international obligations of the Russian Federation”. 9.     On 3 May 2012 the Moscow Department of Regional Security approved the route from Kaluzhskaya Square, down Bolshaya Yakimanka Street and Bolshaya Polyanka Street, followed by a meeting at Bolotnaya Square, noting that the organisers had provided a detailed plan of the proposed events. The march was to begin at 4 p.m., and the meeting had to finish by 7.30 p.m. The number of participants was indicated as 5,000. 10.     On 4 May 2012 the First Deputy Head of the Moscow Department of Regional Security held a working meeting with the organisers of the demonstration at Bolotnaya Square, at which they discussed the security issues. The organisers and the authorities agreed that the assembly layout and the security arrangements would be identical to the previous public event organised by the same group of opposition activists on 4 February 2012. On that occasion, the venue of the meeting had included the park at Bolotnaya Square and the Bolotnaya embankment. 11.     On 5 May 2012 the Tsentralnyy District Prosecutor’s Office of Moscow issued a warning to two of the organisers, Mr Davidis and Mr   Udaltsov, against exceeding the notified number of participants and against erecting camping tents at the meeting venue, an intention allegedly expressed by the organisers at the working meeting. 12.     On the same day the Moscow Department of the Interior published on its website the official information about the forthcoming demonstration on 6 May 2012, including a map. The map indicated the route of the march, the traffic restrictions and an access plan to Bolotnaya Square; it delineated the area allotted to the meeting, which included the park at Bolotnaya Square. Access to the meeting was marked through the park. 13 .     On the same day the Police Chief of the Moscow Department of the Interior adopted a plan for safeguarding public order in Moscow on 6 May 2012 (the “security plan”). In view of the forthcoming authorised demonstration at Bolotnaya Square and anticipated attempts by other opposition groups to hold unauthorised public gatherings, it provided for security measures in Moscow city centre and set up operational headquarters to implement them. The police units assigned to police the march and the meeting counted 2,400 riot police officers, of which 1,158 were on duty at Bolotnaya Square. They were instructed, in particular, to search the demonstrators to prevent them from taking tents to the site of the meeting and to obstruct access to Bolshoy Kamenyy bridge, diverting the marchers to Bolotnaya embankment, the place of the meeting. The adjacent park at Bolotnaya Square had to be cordoned off. 14.     At about 1.30 p.m. on 6 May 2012 the organisers were allowed access to the meeting venue to set up their stage and sound equipment. The police searched the vehicles delivering the equipment and seized three tents found amid the gear. They arrested several people for bringing the tents. 15.     At the beginning of the march, the organisers signed an undertaking to ensure public order during the demonstration and gave assurances to the police that the limits on the place and time allocated for the assembly would be respected and that no tents would be placed on Bolotnaya Square. 16.     The march began at 4.30 p.m. at Kaluzhskaya Square. It went down Yakimanka Street peacefully and without disruption. The turnout exceeded expectations, but there is no consensus as to the exact numbers. The official estimate was that there were 8,000 participants, whereas the organisers considered that there were about 25,000. The media reported different numbers, some significantly exceeding the above estimates. 17.     At about 5 p.m. the march approached Bolotnaya Square. The leaders found that the layout of the meeting and the placement of the police cordon did not correspond to what they had anticipated. Unlike on 4   February 2012, the park at Bolotnaya Square was excluded from the meeting venue, which was limited to Bolotnaya embankment. 18.     Faced with the police cordon and unable to access the park, the leaders of the march – Mr S. Udaltsov, Mr A. Navalnyy, Mr B. Nemtsov and Mr I. Yashin – stopped and demanded that the police open access to the park. The cordon officers did not enter into any discussion with the protest leaders and no senior officer was delegated to negotiate. After about fifteen minutes of attempting to engage with the cordon officers, at 5.16 p.m. the four leaders announced that they were going on a “sit-down strike” and sat on the ground. The people behind them stopped, although some people continued to go past them towards the stage. 19.     Between 5.20 p.m. and 5.45 p.m. two State Duma deputies tried to negotiate the enlargement of the restricted area by moving the police cordon behind the park along the lines expected by the organisers. At the same time the Ombudsman of the Russian Federation, at the request of police, attempted to persuade the leaders of the sit-in to resume the procession and to head towards the meeting venue at Bolotnaya embankment where the stage had been set up. During that time no senior police officer or municipal official came to the site of the sit-down protest, and there was no direct communication between the authorities and the leaders of the sit-in. 20.     At 5.50 p.m. the crowd around the sit-down protest built up, which caused some congestion, and the leaders abandoned the protest and headed towards the stage, followed by the crowd. 21 .     At 5.55 p.m. the media reported that the police authorities were regarding the strike as a provocation of mass disorder and were considering prosecuting those responsible for it. 22.     At the same time a commotion near the police cordon occurred at the place vacated by the sit-down protest, and the police cordon was broken in several places. A crowd of about 100 people spilled over into the empty space beyond the cordon. Within seconds the police restored the cordon, which was reinforced by an additional riot police force. Those who found themselves outside the cordon wandered around, uncertain what to do next. Several people were apprehended, others were pushed back inside the cordon, and some continued to loiter outside or walked towards the park. The police cordon began to push the crowd into the restricted area and advanced by several metres, pressing it inwards. 23.     At 6 p.m. Ms Mityushkina, on police instructions, announced from the stage that the meeting was now over, but apparently her message was not heard by most of the demonstrators or the media reporters broadcasting from the spot. The live television footage provided by the parties contained no mention of her announcement. 24.     At the same time a Molotov cocktail was launched from the crowd at the corner of Malyy Kamennyy bridge over the restored police cordon. It landed outside the cordon and a passer-by’s trousers caught fire. It was promptly extinguished by the police. 25.     At 6.15 p.m. at the same corner of Malyy Kamennyy bridge the riot police began breaking into the demonstration to split up the crowd. Running in tight formations, they pushed the crowd apart, arrested some people, confronted others, and formed new cordons to isolate sections of the crowd. Some protesters held up metal barriers and aligned them so as to resist the police, threw various objects at the police, shouted and chanted “Shame!” and other slogans, and whenever the police apprehended someone from among the protesters they attempted to pull them back. The police applied combat techniques and used truncheons. 26.     At 6.20 p.m. Mr Udaltsov climbed onto the stage at the opposite end of the square to address the meeting. At this point, he was arrested. Mr   Navalnyy attempted to go up onto the stage, but he was also arrested, and so was Mr Nemtsov, five minutes later. 27.     Meanwhile, at the Malyy Kamennyy bridge the police continued dividing the crowd and began pushing some sections away from the venue. Through loudspeakers they asked the participants to leave for the metro station. The dispersal continued for at least another hour until the venue was fully cleared of all protesters. 28.     On the same day the Investigative Committee of the Russian Federation opened a criminal investigation into the suspected mass disorder and violent acts against the police (Articles 212 § 2 and 318 § 1 of the Criminal Code). 29.     On 28 May 2012 an investigation was also launched into the criminal offence of organising mass disorder (Article 212 § 1 of the Criminal Code). The two criminal cases were joined on the same day. 30.     On 24 May 2013 the first criminal case against twelve individuals suspected of participation in mass disorder, including the applicant, was transferred to the Zamoskvoretskiy District Court of Moscow for the determination of criminal charges (the first “Bolotnaya” case). 31 .     On 21 February 2014 the Zamoskvoretskiy District Court of Moscow pronounced a judgment in the first Bolotnaya case. It found eight individuals, including the applicant, guilty of participation in mass disorder and of violent acts against police officers during the public assembly on 6 May 2012. They received prison sentences of between two and a half and four years; one of them was released on parole. The applicant was sentenced to two years and six months’ imprisonment. Three co-defendants had previously been pardoned under the Amnesty Act and a fourth had his case disjoined from the main proceedings. This judgment was upheld by the Moscow City Court on 20 June 2014. It reduced the applicant’s prison sentence to two years and three months. 32 .     On 24 July 2014 the Moscow City Court found Mr Udaltsov and Mr   Razvozzhayev guilty of organising mass disorder on 6 May 2012 and sentenced them to four and a half years’ imprisonment. On 18 March 2015 the Supreme Court of the Russian Federation upheld the judgment of 24   July 2014, with amendments. 33 .     On 18 August 2014 the Zamoskvoretskiy District Court of Moscow examined another “Bolotnaya” case and found four persons guilty of participating in the mass disorder and of committing violent acts against police officers during the demonstration on 6 May 2012. They received prison sentences of between two and a half and three and a half years; one of them was released on parole. This judgment was upheld by the Moscow City Court on 27 November 2014. B.     The applicant’s arrest and pre-trial detention 34.     At the time of arrest the applicant was a student at the political science faculty of the Moscow State University and lived with his wife and their child born in 2011. On 6 May 2012 he arrived at Bolotnaya Square to take part in the demonstration and, according to him, he did not take part in any disorder or clashes with the police, although he was in the area where clashes occurred. At one point during the dispersal of the demonstration he picked up from the ground a small round yellow object and threw it over the heads of the protesters in the direction of the police. He was arrested shortly after that. There is no information as to whether he was detained on that day. 35.     On 17 May 2012 the applicant was charged with non-compliance with a lawful order by a police officer on 6 May 2012. He was found guilty of the offence provided by Article 19.3 of the Code of Administrative Offences and was sentenced to 24-hours’ detention. 36.     Until 9 June 2012 the applicant continued to study at the university while living with his family at his usual address. On the latter date he was detained on suspicion of having participated in mass disorders on 6 May 2012. 37.     On 11 June 2012 the Basmannyy District Court examined and granted the request to detain the applicant pending criminal investigation. It reasoned as follows: “In assessing the circumstances under investigation, [the court takes account of] the submitted materials and the indicated information in their integrity, as well as the personality of [the applicant], who is suspected of having committed criminal offences one of which is characterised as grave and the other of medium gravity, punishable by up to two years of deprivation of liberty, and therefore giving sufficient reasons to believe that the applicant is likely to abscond, to continue his criminal activity, to destroy evidence, or to otherwise obstruct the investigation of the criminal case.” 38.     The court dismissed the applicant’s request for an alternative preventive measure, including bail of 500,000 Russian roubles (RUB), and personal guarantees of several state officials and found that his release was not required on health grounds. It ordered the applicant’s detention until 6   July 2012. On 2 July 2012 the Moscow City Court upheld the detention order. 39.     On 18 June 2012 charges were brought against the applicant under Articles 212 § 2 (participation in mass disorder) and 318 § 1 (violence against a public official) of the Criminal Code. He was accused, in particular, of shouting slogans and throwing an unidentified small round yellow object that had hit the police officer’s shoulder. 40.     On 3 July 2012 the Basmannyy District Court examined the investigator’s request to extend the term of the applicant’s detention by four months. The applicant asked for another preventive measure pending trial. He offered bail of RUB 500,000 or the personal guarantees of a State Duma deputy, two Moscow municipal deputies and one academic. His request for an alternative preventive measure was supported by petitions signed by six Moscow municipal deputies and three personal references from his place of residence and the university. The applicant also made a plea for release on health grounds, having provided medical certificates confirming that he was suffering from a high-degree myopia and asthma. On the same day the court found that the circumstances that had justified the detention order had not changed and, referring to the gravity of the charges and the complexity of the investigation, extended the applicant’s detention until 6 November 2012. This extension order was upheld by the Moscow City Court on 6 August 2012. 41.     On 29 October 2012 the Basmannyy District Court granted another extension of the applicant’s detention, until 6 March 2013, essentially on the same grounds and noting that the circumstances that had justified the detention order had not changed. This extension order was upheld by the Moscow City Court on 26 November 2012. 42.     On 7 November 2012 the charges against the applicant were updated with a statement that the applicant’s and others’ acts had cumulatively caused the police officer a haematoma on the head, leg and shoulder. The classification of the offences remained unchanged. 43.     On 1 March 2013 the Basmannyy District Court granted a new extension of the applicant’s detention, until 9 June 2013, essentially on the same grounds as before and noting that the circumstances that had justified the detention order had not changed. On 10 April 2013 the Moscow City Court upheld this extension order. 44.     On 23 April 2013 the Moscow City Court examined a fresh request for the extension of the applicant’s detention and granted it until 6 July 2013. The decision read as follows: “The materials presented [by the investigator] reveal that the grounds for choosing the preventive measure in respect of [the applicant] were not only the gravity of the charges but also the information about the personality of [the applicant] who could abscond from the investigation and trial, threaten witnesses, or otherwise obstruct the proceedings in the case, if released. The aforementioned grounds ... have not changed, have not lost their relevance to date, and the circumstances of the case [and] the nature of the crime committed by [the applicant] lead the court to conclude that the need for the [pre-trial detention] has not, at this stage, ceased to exist ... This term is reasonable, [it] is justified by the objective circumstances, it is not in conflict with the term of the pre-trial investigation, also extended on the same grounds   ... In accordance with the Constitutional Court’s [case-law], the proportionality of the preventive measure to the [gravity of the] charges imputed to [the applicant] show that in this case the public interests, in particular those related to the criminal investigation, override the importance of the principle of respect of individual liberty.” 45.     On 24 May 2013 the applicant’s criminal case was transferred to the Zamoskvoretskiy District Court for the determination of criminal charges. 46.     On 30 May 2013 the Moscow City Court upheld the extension order of 23 April 2013. 47.     On 6 June 2013 the latter court granted another extension of the applicant’s detention until 24 November 2013. This decision concerned eleven defendants and read, in so far as relevant, as follows: “... the court concludes that the preventive measure in respect of [all defendants] ... is to remain unchanged because the reasons taken into account when these measures were chosen have not ceased to exist and have not changed ... ... [the defendants] are accused of [grave crimes punishable by prison sentences] ... Regard being had to all the available information about the personality of [the defendants] and the nature of the criminal offences imputed to each of them, the court still has sufficient grounds to believe that the said defendants, if at liberty, may flee the trial or otherwise obstruct the course of justice, [motivated by] the gravity of the charges. ... no other measures of restraint would secure the aims and goals of the judicial proceedings ... The court takes into account the arguments of Mr Akimenkov, Mr Belousov and Mr   Barabanov and their counsel concerning the health problems which occurred in custody, but notes that no documentary evidence that these defendants have diseases threatening their life or health and incompatible with the detention in custody have been provided.” 48.     On 2 July 2013 the Moscow City Court upheld the extension order of 6 June 2013. 49.     On 6 August 2013, during the court hearing the applicant made an application for release which was dismissed by the Zamoskvoretskiy District Court on the same day. 50.     On 11 September 2013 the Ombudsman of the Russian Federation applied to the Presidium of the Moscow City Court with a complaint about the extension of the applicant’s pre-trial detention, and requested an alternative preventive measure for him. 51.     On 22 October 2013 the applicant applied for release on the grounds of his child’s medical condition, as well as the deterioration of the applicant’s own health. This application was supported by several prominent public personages, including university professors, the dean of the faculty of political science and a State Duma deputy, all of whom provided personal guarantees. On 2 October 2013 the Zamoskvoretskiy District Court rejected this application. 52.     On 1 November 2013 the Moscow City Court refused the Ombudsman’s request of 11 September 2013. 53.     On 19 November 2013 the Zamoskvoretskiy District Court granted another extension of detention in respect of nine defendants, including the applicant. It ordered their detention until 24 February 2014 on the grounds of the gravity of the charges. It held, in particular, as follows: “[The defendants] are charged with a criminal offence provided for by Article   212   §   2 of the Criminal Code, which belongs to the category of grave crimes punishable by a prison sentence of over three years. Furthermore, [some defendants] are charged with a criminal offence provided for by Article 318 § 1 of the Criminal Code, also punishable by a prison sentence of over three years. Despite the defendants being registered as having permanent addresses in the Russian Federation, the analysis of the overall information about [the defendants’] personalities, and the nature of the offences imputable to them, give the court sufficient grounds to consider that the defendants, if the preventive measure is changed to another one not involving deprivation of liberty, may flee the trial or otherwise obstruct the course of justice, [motivated by] the gravity of the charges ... the reasons taken into account when these measures were chosen have not ceased to exist and have not changed ...” 54.     On 17 December 2013 the Moscow City Court upheld the extension order of 19 November 2013. C.     Conditions of detention and medical assistance 55.     The applicant has high-degree myopia. According to a 2009 medical certificate, his eyesight in the right eye was minus 10 dioptres, and on the left eye minus 6 dioptres. 56 .     From 19 June 2012 to 29 June 2013 the applicant was detained in remand prison IZ-77/5, and from 29 June 2013 he was held in IZ-77/2. Upon his arrival at the remand prisons the applicant was subjected to medical checks which did not reveal any health issues. 57.     The parties agree that on most days the number of inmates in the cell did not exceed the design capacity. They also agree that the size of the cells and the number of detainees allowed the applicant four square metres of personal space and that the applicant had an individual sleeping place in every cell. 58.     The parties provided the following accounts of the conditions in these cells. According to the applicant, the cells were inadequately lit and ventilated, excessively hot in summer and cold in winter, all with a lavatory pan separated from the living space by a chin-high plastic partition providing insufficient privacy. The applicant alleged that he had been constantly exposed to cigarette smoke, and although the window in the cell could be opened it gave onto a courtyard used for incinerating rubbish, letting in fumes. Therefore the cell constantly lacked fresh air, and the forced ventilation could not compensate for it. Outdoor exercise was limited to one hour per day. The applicant also claimed that the window was too high to give sufficient light for reading or working with documents. Finally, he alleged that access to drinking water was conditional on the purchase of an electric kettle. 59 .     According to the Government, the artificial light in the cells was maintained at 100 watts round the clock except at night, from 10 p.m. to 6   a.m., when it was 75 watts; they provided measurement tables for this detention centre created in August 2013, which stated that the brightness in the cells was between 149 and 454 lux, the temperature in the cells between 26 o C and 29 o C, and the humidity between 36% and 45%. They indicated that in IZ ‑ 77/5 the detainees had access to a gym upon their written request. 60.     On 11 July 2012 the applicant applied in writing to the head of the facility for a medical examination. He alleged that he had been suffering from asthma and high-degree myopia. On 20 September 2012 he made a similar application to the investigator of the criminal case. 61 .     On 3 October 2012 the investigator granted the applicant’s request for a medical examination. This decision read as follows: “... the performance of a medical examination ... falls outside the competence of the investigating bodies ... However, given that the state of health of the accused Mr Belousov is of importance to the present criminal case, the investigating bodies have sent the relevant request to the administration of [IZ-77/5] stating the need to carry out, in the shortest possible time, the medical examination of the accused Mr Belousov, the results of which are to be submitted to the investigating bodies for inclusion in the criminal case file.” 62.     It appears that the medical examination was not carried out. 63.     On 28 November 2012 and 11 January 2013 the public commission for the monitoring of detention facilities visited IZ-77/5, and, according to the Government, the applicant made no complaints about the conditions of detention or the lack of medical assistance on either occasion. 64.     On 3 September 2013 the applicant had a hypertension crisis during a court hearing. An ambulance was called and provided him with the necessary assistance. 65.     Following his complaints of headaches, on 6 September 2013 the applicant was placed in the medical ward of IZ-77/2. Upon admission, the applicant was diagnosed with hypertension. He remained in the medical ward for a period of at least two months for his blood pressure to be monitored. 66 .     The applicant alleged that the conditions in IZ-77/2 were poor, in particular on account of the lack of outdoor exercise and inadequate sanitary arrangements. He specified that the lavatory pan was separated from the living space by a chest-high partition providing insufficient privacy. According to the applicant’s letter of 30 July 2013, he had not been able to have a shower since his transfer to IZ-77/2. 67 .     According to the Government, the conditions in the cells of IZ-77/2 were as follows: the toilet was separated by a solid partition from the rest of the cell and ensured the necessary privacy; the state of the sanitary facilities was satisfactory; the cells were treated for disinfection and pest-control once every three months and whenever necessary; the applicant was entitled to one hour’s outdoor exercise per day; the cell was cleaned and the bedding changed once a week; the cells were equipped with forced ventilation and could be aired through a hinged window pane. Artificial light was provided at 100 watts by day and 75 watts by night. The glazed windows let in sufficient daylight. 68.     Pursuant to the request of the applicant’s counsel filed on an unidentified date, on 31 January 2014 the applicant was examined by an ophthalmologist and was diagnosed with high-degree myopia (minus 13   dioptres on both eyes). D.     Transfer between the detention centre and the court-house 69 .     During the hearing of the applicants’ criminal case, which began in July 2013, the applicant and his co-defendants were regularly transferred from the remand prisons to the court-house and back. All the defendants attended the hearings on three or four consecutive days every week. According to the Government, the applicant’s trial involved ninety-one court hearings, and it appears that the applicant was transferred to attend all of them. A typical schedule on a hearing day is represented by the following two-week extract submitted by the applicant:   02/07/2013 03/07/2013 04/07/2013 09/07/2013 10/07/2013 11/07/2013 Wake up 5 a.m. 6 a.m. 7 a.m. 6.20 a.m. 6.20 a.m. 6.20 a.m. Assembly before transfer 6.10 a.m. 7.45 a.m. 8 a.m. 7.30 a.m. 7.40 a.m. 7.30 a.m. Board the van 9.30 a.m. 9.30 a.m. 9.30 a.m. 9.30 a.m. 9.30 a.m. 9.30 a.m. Arrival at the court-house 10 a.m. 10 a.m. 10 a.m. 10 a.m. 10 a.m. 10 a.m. End of hearing 5 p.m. adjourned 7 p.m. 5 p.m. 6 p.m. 3 p.m. Board the van 8 p.m. 8 p.m. 8 p.m. 9 p.m. 8.30 p.m. 5 p.m. Arrival at IZ-77/2 9 p.m. 9 p.m. 9 p.m. 10.30 p.m. 9.30 p.m. 7 p.m. Brought to the cell 11.40 p.m. 10.30 p.m. 00.10 p.m. 11.10 p.m. 10.45 p.m. 7.40 p.m. 70.     According to the applicant, this schedule left him insufficient time for sleep between the court hearings, gave him no time to prepare for the next day’s hearing, and deprived him of hot meals. 71.     He further alleged that the conditions in the prison assembly rooms and in the transfer van ( «автозак» ) had been appalling, in particular owing to overcrowding. He claimed that he was cramped together with other detainees and their belongings in a small tin cabin without windows, ventilated only through a roof hatch. The benches were spaced at 30 cm, and the detainees had to get in and out by walking on others. Smoking was allowed, which caused further discomfort, especially to non-smokers. Occasionally, they were transferred in vans divided into tight individual metal cubicles. In both types of vans the cabin overheated in the summer and froze in cold weather. The transfer lasted for two to six hours depending on the number of pick-up points and traffic conditions. There was no opportunity to use a toilet during the transfer, even at other pick-up points where the van could wait for hours. 72.     At the Moscow City Court before and after the hearings the applicant and his co-defendants were held in convoy cells. According to the applicant, these were poorly lit and often overcrowded, and access to a toilet was subject to the availability of a convoy officer. Some of the convoy cells on the ground floor of the court-house were as small as two square metres, and each could be shared by two detainees. The applicants’ account was supported by witness statements submitted by his co-defendant Mr   Kavkazskiy and those given by his three fellow inmates, unrelated to the present case; their detailed accounts of the prison transfers in the relevant period, as well as of the convoy cells at the Moscow City Court, were consistent with the applicant’s submissions. 73 .     According to the Government, the morning transfer to the court ‑ house did not exceed 1.5 hours, and the transfer back lasted for up to three hours because of the evening traffic. Also, the applicant’s schedule allowed for eight hours of uninterrupted sleep. They indicated that the wake-up time at the detention centres was 6 a.m., the pickup would take place at 8 a.m., and the drop-off after the hearing at 9.30 p.m.; assembly before and after the transfer did not exceed 30 minutes. All the detainees were provided with packed meals for the whole day out at the court-house, and they were given hot water at lunchtime. They further indicated that the vans used for the transfer were 2009-2011 models of KAMAZ ‑ 4308 ‑ AZ, KAMAZ ‑ OTS ‑ 577489 ‑ AZ (both designed for 32   detainees), GAZ ‑ 326041 ‑ AZ (designed for seven detainees), and GAZ ‑ 3309 ‑ AZ (designed for 19 detainees). As regards the convoy cells at the Moscow City Court, they submitted that the applicant and his co-defendants were detained in convoy area of the court-house, which included four cells measuring 12 square metres each and toilets, including a wheelchair-accessible one, which the detainees could use on demand, accompanied by the convoy. They submitted that the cells had adequate light and ventilation, and that they were furnished with tables and benches. During the intervals in the hearing the defendants could use an electric kettle to boil water. E.     Conditions in the courtroom 74 .     On 6 June 2013 the court proceedings began in hearing room no. 338 of the Moscow City Court. The latter court lent its premises to the Zamoskvoretsky District Court so as to accommodate all the participants in the proceedings, the public and the press. In that hearing room ten defendants were held in a glass cabin measuring 3.2 m x 1.7 m x 2.3 m (height). The Government submitted that the glass cabin was a permanent courtroom installation consisting of a steel frame and sheets of bulletproof glass, with a partition inside, a steel mesh ceiling and a secure door; the cabin was equipped with benches. The walls of the cabin had slots allowing documents to be passed between the defendants and their counsel; ventilation outlets were at floor level, and near the dock was an air conditioner. The cabin was equipped with microphones allowing for consultations with counsel and facilitating the defendants’ participation in the proceedings. The Government specified that convoy officer guarded the cabin on both sides, supervised the defendants and intercepted any attempts of “contact with outsiders”, but the defendants could communicate with their counsel with the court’s permission. 75.     The applicant submitted that the glass cabin lacked space and ventilation and that it was virtually soundproof, hampering the defendants’ participation in the proceedings and their communication with counsel. The benches had no backrests, and the lack of space made it impossible to have documents; it was impossible to consult counsel or the case file during the hearing. The applicant also submitted that the video evidence examined at the hearing could not be seen by him from the cabin because of the distance between the cabin and the screen and his poor eyesight. 76 .     In August 2013 the proceedings moved to hearing room no. 635 of the Moscow City Court. This hearing room was equipped with two glass cabins similar to the one in hearing room no. 338, except that there were no slots in them. Each cabin measured 4 m x 1.2 m x 2.3 m (height). From 2   August 2013 one of the defendants was no longer placed in the glass cabin owing to a change in the measure of restraint for him. The nine remaining defendants were divided between the two cabins. 77 .     From mid-September 2013 to the end of 2013 the hearings continued on the premises of the Nikulinskiy District Court of Moscow (hearing room no. 303), and in January and February 2014 at the Zamoskvoretskiy District Court (hearing room no. 410). These hearing rooms were equipped with metal cages in which the nine defendants (from 19   December 2013 eight), including the applicant, sat during the hearings. According to the photographs submitted by the applicants, the dimensions of the cages were similar to the glass cabins described above and, likewise, they were not equipped with any furniture other than benches. F.     The applicant’s trial 78.     On 6 June 2013 the Zamoskvoretskiy District Court of Moscow began a preliminary hearing of the criminal case against ten participants in the public assembly at Bolotnaya Square charged with participation in mass disorders and violent acts against police officers. On 18 June 2013 the same court began the hearing on the merits. 79.     On 13 November 2013 police officer F., the victim of the applicant’s assault, was examined as a witness. He testified that the applicant had thrown an unidentified yellow object which had hit him on the shoulder and caused him pain. The applicant asked for F.’s statements made during the investigation, which contained no mention of the yellow object or the applicant, to be read out in court. The applicant pointed out that no identification parade had been held during the investigation to enable F. to identify the person who had assaulted him; instead, the applicant and F. had been questioned in confrontation, whereby the applicant had been the only person introduced to F. as the likely perpetrator. The court refused the applicant’s request for F.’s statements to be read out. 80.     On 21 February 2014 the Zamoskvoretskiy District Court of Moscow pronounced judgment. It found, in particular, as follows: “Between 4 p.m. and 8 p.m. on 6 May 2012 ... at Bolotnaya Square ... unidentified persons ... called those present [at the venue] to move outside the agreed meeting venue, to defy the lawful orders of the police ..., to use violence ... which led to mass disorder accompanied by the use of violence against public officials in connection with the performance of their duties [and] the destruction of property. On the same day at 5 p.m. at the latest [the defendants] acquired the criminal intent to participate in mass disorder and to use violence ... Thus, in furtherance of this criminal intent, at an unidentified time and place Mr   Belousov acquired an unidentified solid yellow round object with the intention of using it to cause violence against officials ... ... together with other participants ... Mr Belousov repeatedly chanted anti ‑ government slogans. Moreover ... the participants in the mass disorder threw chunks of tarmac, stones, sticks and other objects at the police ... which hit them on various body parts, and [the defendants] ... [who] participated in the mass disorder ... implemented their criminal intent to use violence against public officials ... applied physical force not endangering life or health of those [officials] ... Mr Belousov used violence not endangering the life or health of [Mr F.] ... Between 5 p.m. and 8.10 p.m. on 6 May 2012 ... unidentified participants in the mass disorder deliberately administered at least three blows and kicks to [F.’s] head, body and limbs, after which Mr Belousov ... deliberately targeting [F.], threw an unidentified solid yellow round object, which hit [F.] on the upper right side of the chest, causing him physical pain. As a result of Mr Belousov and other unidentified persons’ actions [F.] sustained physical pain and injuries in the form of bruising and abrasion of the soft tissues of the parietal region, bruising of the ... left forearm, abrasion on the ... right shin, [all of] which, assessed individually or cumulatively, constituted injuries not endangering life or health, and not entailing short-term health impairment or minor durable professional incapacitation ... Mr Belousov ... pleaded not guilty and testified that ... he wanted to see why the meeting was not starting [and] went to Malyy Kamennyy Bridge ... [he] saw the riot police cordon ... [and officers] arresting some [participants] ... [he] was looking to leave and went to the middle of Bolotnaya Square and saw a girl who tripped on something and nearly fell. Without looking at it closely he picked it up from the ground; it felt soft and slimy ... and threw it away without aiming it at anyone ... he joined hands with other protesters chanting “One for all and all for one!”, “United, we are invincible!”. At this moment three police officers ran up to him, grabbed him and carried him to the police vehicle ... Police officer [F.] testified that ... after the cordon was restored ... he was heading into the crowd to arrest offenders ... somebody hit him three times on the head ... then he felt a blow from a heavy object on his shoulder. From the corner of his eye he saw [Mr Belousov] take a swing and toss something ... like a billiard ball. ... Mr Belousov was filmed at the moment he threw a yellow object at the police ... The [defendants’] argument that no mass disorder took place is considered by the court unsubstantiated because ... as a result of the premeditated actions of a group of individuals who organised ... obstruction to the demonstrators’ march on their way to the intended meeting venue where the stage was, which caused discontent among the protesters towards ... the police ... those who were leading the march and who were able to make an unhindered approach to the meeting venue changed their tactics and called for ... a sit-in, hoping thus to secure a decision to change the placement of the cordon to their advantage and to extend their area beyond what had been agreed ... As a result ... the protesters forced their way through the police cordon ... public order was disrupted ... because of the larger crowd, uncontrollable and incited by organised groups ... conditioned the applicants’ intent to participate in such actions, accompanied by chunks of tarmac and plastic bottles being thrown and violence towards the police otherwise being used. Conscious of their participation in spontaneously erupted disorder and wishing to take part in it, the defendants joined the mass movement ... ... the court takes into account the nature and the degree of [the applicant’s] involvement in the mass disorder ... and considers it possible to give him a sentence below the minimum punishment provided for by Article 212 § 2.” 81.     The applicant was sentenced to two years and six months’ imprisonment, calculated on the basis of a two-year prison term under Article 212 of the Criminal Code partly concurrent with a one-year prison term under Article 318 of the Criminal Code. The applicant’s pre-trial detention counted towards the prison sentence. 82.     The applicant appealed. He contested the first-instance court’s finding that mass disorder had taken place, and alleged that there had only been isolated clashes between the protesters and the police, caused by the authorities’ last-minute decision to alter the layout of the meeting venue and aggravated by their excessive crowd-control measures. He denied that the object he threw hit anybody; he alleged a breach of procedure for questioning