CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 30 juin 2022

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FACTS 3.     The list of applicants is set out in the appended table. 4.     The applicants complained of their or their relative’s (a detainee) allocation or transfer to a remote penal facility irrespective of family life considerations. In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention. THE LAW 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 decision. alleged violation of Articles 8 AND 13 of the Convention 6.     The applicants complained of their or their relative’s (a detainee) allocation or transfer to a remote penal facility irrespective of family life considerations. They relied on Articles 8 and 13 of the Convention, which read, in so far as relevant, as follows: Article 8 “1. Everyone has the right to respect for his private ... life .... 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” Article 13 “Everyone 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.” 7.     The Court reiterates that in its recent decisions of Dadusenko and Others v. Russia ((dec.), no. 36027/19 and 3 others, 7 September 2021) and Tamamshev and Others v. Russia ((dec.) [Committee], nos.   57368/19 and   59831/19, §§ 22-23, 7 September 2021), it has accepted that the Russian Code of Execution of Criminal Sentences (the “CES”) as amended on 1 April 2020 (effective as of 29   September 2020) provided for an effective remedy for the complaints about the breaches of Article 8 of the Convention, as regards allocation or transfer of prisoners to a remote penal facility irrespective of family life considerations, and, having dismissed those complaints for the applicants’ failure to exhaust a new remedy, it has declared that it will apply that approach to all similar applications pending before the Court (see Dadusenko and Others , cited above, §§   25 ‑ 34). 8.     Having examined all the material before it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility of these complaints. It therefore considers that, in so far as the applicants have lodged prima facie well ‑ founded complaints, the amended CES affords them an opportunity to obtain adequate redress by lodging a transfer request with the Federal Service of Execution of Sentences and/or challenging the proportionality of the refusal of transfer in court. Accordingly, the applicants should exhaust this remedy before their complaints can be examined by the Court. It follows that these complaints under Article 8 of the Convention should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention. 9.     The Court has found above that the applicants have an effective remedy at their disposal which they have been required to use for the purpose of Article 35 § 1 of the Convention . Accordingly, their complaints under Article   13 of the Convention must be rejected as being manifestly ill ‑ founded within the meaning of Article 35 §§ 3 (a) and 4 of the Convention. For these reasons, the Court, unanimously, Decides to join the applications; Declares the applications inadmissible. Done in English and notified in writing on 28 July 2022.     Viktoriya Maradudina   Darian Pavli   Acting Deputy Registrar   President APPENDIX List of applications raising complaints under Article   8 § 1 of the Convention (allocation or transfer to a remote penal facility irrespective of family life considerations) No. Application no. Date of introduction Applicant’s name Year of birth Detention facility Family member Place of residence of the family member Approximate distance between the facility and the place of residence of the family members (in km) Other complaints under well-established case-law     6557/20 16/01/2020 Khamzat Badrudinovich AZIYEV 1983 IK-31 Komi Republic, IK-25 Komi Republic The applicant is a detainee, his relative is his mother Grozny 2,400 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     17336/20 11/03/2020 Aleksey Vladimirovich TKALENKO 1981 IK-3 Irkutsk Region The applicant is a detainee, his relative is his mother Karasuk, Novosibirsk Region   >2,000 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     39933/20 09/10/2020 Temirbulat Zubairovich ZUBAIROV 1969 IK-4 Magadan Region, IK-3 Magadan Region, Tyurma Krasnoyarsk Region, IK-17 Krasnoyarsk Region The applicant is a detainee, his relatives are: wife, children, father Makhachkala, Republic of Dagestan 9,000 (2007-2013); 5,000 (2013-no end date) Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     43520/20 15/01/2021 Ilya Valeryevich KAZNACHEYEV 1974 IK-8 Komi Republic The applicant is a detainee, his relative is his mother Kola, Murmansk Region 2,600 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     47992/20 03/09/2020 Aleksey Sergeyevich KOZHIN 1981 IK-37 Perm Region The applicant is a detainee, his relative is a child Sol-Iletsk, Orenburg Region 1,300 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     49027/20 15/09/2020 Oleg Gennadyevich YEGOROV 1986 IK-8 Komi Republic The applicant is a detainee, his relatives are wife, uncle Novgorod 1,700 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     50779/20 23/10/2020 Vitaliy Antonovich PAVLYUK 1965 IK-5 Krasnoyarsk Region The applicant is a detainee, his relatives are: wife, child Syktyvkar, Komi Republic 6,000 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     51266/20 20/10/2020 Vladimir Vladimirovich FAYBYSHEV 1986 IK-8 Komi Republic The applicant is a detainee, his relative is his mother Lopush, Bryansk Region ~2,000 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony     51832/20 28/10/2020 Tatyana Vasilyevna VALYAYEVA 1962 IK-25 Chelyabinsk Region The applicant is the mother of a detainee Sergiyev Posad, Moscow Region 2,000     2110/21 15/12/2020 Household Yevgeniy Eduardovich NIKOLAYEV 1989   Anna Gennadyevna NIKOLAYEVA 1966 IK-8 Komi Republic The first applicant is a detainee, the second applicant is his mother; he also complains about inability to see his brother St Petersburg 2,000 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony   3385/21 10/12/2020 Vyacheslav Eduardovich PNEV 1967 IK-13 Novosibirsk Region The applicant is a detainee, his relatives are: wife, child Chelyabinsk 1,500     5649/21 28/12/2020 Kubek Betersoltovna GERIMSULTANOVA 1951 IK-25 Komi Republic The applicant is the mother of a detainee Ishkoy-Yurt village, Gudermessky District, Chechen Republic 3,500 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony   7874/21 11/01/2021 Sergey Adamovich MELYANETS 1963 IK-37 Perm Region The applicant is a detainee, his relatives are: mother, children Saratov Region 1,500     8389/21 11/01/2021 Dmitriy Sergeyevich VEDERNIKOV 1983 FKU T, Minusinsk Krasnoyarsk Region The applicant is a detainee, his relatives are: mother, child Zabaykalskiy Region 2,500 Art. 13 - lack of any effective remedy in domestic law in respect of allocation to remote colony