CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 26 octobre 2023

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RUSSIA (Applications nos. 48219/18 and 31 others – see appended list)             JUDGMENT   STRASBOURG 26 October 2023   This judgment is final but it may be subject to editorial revision. In the case of Grablin and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:   Péter Paczolay , President ,   Gilberto Felici,   Raffaele Sabato , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 5 October 2023, 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 (“the Convention”) on the dates indicated in the appended table. 2.     The Russian 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 detention during their transport. Some applicants also raised complaints under other Convention provisions. 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 judgment. JURISDICTION 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, §§   68 ‑ 73, 17   January 2023). ALLEGED VIOLATION OF ARTICLE   3 OF THE CONVENTION 7.     The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention. 8.     The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case ‑ law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 124-27, 9   April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., §   125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127). 9.     In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present case. 10.     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 their transport were inadequate. 11.     These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.     The applicants whose names are listed in the appended table also complained under Article 3 about the use of metal cages in courtrooms and under Article 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and placement in metal cages in court hearings. 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 a violation of the Convention in the light of its findings in Tomov and Others (cited above, §§ 143-56) and Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), respectively. 13.     In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints under Article 13 of the Convention related to the lack of remedies in respect of the use of metal cages or other security arrangements in courtroom (compare Valyuzhenich v.   Russia , no.   10597/13, § 27, 26 March 2019). 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, Pukhachev and Zaretskiy v. Russia, nos.   17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16   September 2022; Declares the applications admissible; Holds that these applications disclose a breach of Article   3 of the Convention concerning the inadequate conditions of detention during transport; Holds that there has been a violation of Article 3 of the Convention concerning the use of metal cages in courtrooms, and of Article 13 of the Convention, taken in conjunction with Article 3, related to the lack of an effective domestic remedy to complain about poor conditions of detention during transport (see the appended table); Holds that it is not necessary to examine separately the remaining complaints under Article 13 of the Convention; 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 26 October 2023, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.     Viktoriya Maradudina   Péter Paczolay   Acting Deputy Registrar   President   APPENDIX List of applications raising complaints under Article 3 of the Convention (inadequate conditions of detention during transport) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Means of transport Start and end date Sq. m per inmate 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]     48219/18 01/10/2018 Sergey Alekseyevich GRABLIN 1985     van, train 30/08/2018 to 31/08/2018 0.3 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking, lack of individual sitting place Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     48269/18 17/09/2018 Sergey Yevgenyevich CHICHERIN 1982     train (Syktyvkar - Ukhta), van 03/08/2018 to 04/08/2018 0.42 m²     insufficient number of sleeping places Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     48721/18 24/09/2018 Ilya Vladimirovich MUSHTAY 1989     train 13/08/2018 to September 2018   insufficient number of sleeping places, no or restricted access to toilet, overcrowding, no or restricted access to potable water   1,000     48724/18 01/10/2018 Artem Andreyevich NEKLYUDOV 1990     train 19/05/2018 to 29/05/2018   no or restricted access to toilet, overcrowding, insufficient number of sleeping places, inadequate temperature, lack of or insufficient electric light, lack or inadequate furniture Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     48880/18 26/09/2018 Ramazan Talibovich AGAMAGOMEDOV 1990     train, van 23/08/2018 to 23/08/2018 0.4 m²     overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, poor quality of food   1,000     49168/18 08/10/2018 Oleg Vasilyevich KUROSH 1987     van, transit cell 25/09/2015 to 11/05/2018 0.4-0.5 m²     overcrowding, passive smoking, lack or insufficient quantity of food Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage during the trial hearings held at the Syktyvkar City Court on 79 occasions between September 2015 and 11/05/2018,   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 8,500     49311/18 01/10/2018 Elvin Alekber Ogly AKHMEDOV 1984     van, transit cell from 15/07/2015   to October 2018 0.5 m²     lack of fresh air, overcrowding, poor quality of potable water, no or restricted access to toilet   1,000     49720/18 04/10/2018 Yevgeniy Alfeyevich POYARKOV 1969     van, train 21/04/2018 to 21/04/2018   overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     49729/18 06/10/2018 Artem Leonidovich REDKIN 1979     train, van 03/06/2018 to 05/06/2018 0.3 m²     insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, overcrowding, passive smoking, poor quality of food, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   49808/18 07/10/2018 Sergey Sergeyevich BAKHTIN 1979     train 21/07/2018 to 02/09/2018 0.3 m²     overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   50203/18 27/08/2018 Dmitriy Sergeyevich KULIGIN 1985     van, train 21/05/2018 to 23/05/2018   van, train 19/07/2018 to 20/07/2018   train, van 17/08/2018 to 17/08/2018   overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to potable water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   50205/18 15/10/2018 Andrey Borisovich ARTEYEV 1987     train, van 19/06/2018 to 21/06/2018   no or restricted access to toilet, overcrowding, bunk beds, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   51261/18 13/10/2018 Dmitriy Sergeyevich BASHLYKOV 1991     train, van 17/04/2018 to 21/05/2018         train, van 25/11/2019 to 29/11/2019             train, van 03/12/2019 to 25/01/2020         train 22/05/2020 to 22/05/2020   train, van 23/12/2020 to 23/12/2020 0.18-0.25 m²                 no or restricted access to potable water, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, overcrowding   applicant transported on two occasions, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no seatbelts or handles   overcrowding, lack or inadequate furniture, lack of safety belts, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack of fresh air, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   51352/18 10/10/2018 Vasiliy Vladimirovich OVCHINNIKOV 1978     van / train (SIZO-2 - IK-1 the Republic of Komi) 07/08/2018 to 07/08/2018 0.3 m²     overcrowding, no or restricted access to toilet     1,000   51380/18 09/10/2018 Aleksey Nikolayevich RAKOYEDOV 1975     train 11/07/2018 to 12/07/2018   insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, overcrowding, lack or inadequate furniture, no or restricted access to toilet, lack of privacy for toilet, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   51585/18 09/10/2018 Andrey Anatolyevich SHTERKEL 1982     train 29/04/2018 to 07/06/2018   overcrowding, inadequate temperature, lack of fresh air, lack of requisite medical assistance, lack or inadequate furniture, no or restricted access to potable water, passive smoking   1,000   51697/18 15/10/2018 Sergey Vasilyevich GORYACHEV 1957     van 25/07/2016 to 08/06/2018   lack of fresh air, no or restricted access to toilet, passive smoking, lack of or inadequate hygienic facilities   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   52658/18 29/10/2018 Aleksey Vasilyevich UNGURYANU 1997     van, train 31/08/2018 to 31/08/2018 0.5 m²     overcrowding, no or restricted access to toilet, lack of fresh air   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   52871/18 11/10/2018 Aleksey Valeryevich KOROLKOV 1977     train, transit cell, van 15/04/2018 to 24/04/2018 0.3 m²     overcrowding, insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack of fresh air   1,000   53184/18 22/10/2018 Vadim Viktorovich MEDVEDEV 1979     train 15/07/2018 to 15/07/2018 0.4 m²     overcrowding, lack of or insufficient electric light, no or restricted access to toilet, lack of fresh air   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   53709/18 01/11/2018 Timur Mirzamudinovich ABASOV 1971     van, transit cell 06/07/2018 to 27/08/2018 1.5-3 m²     insufficient number of sleeping places, lack of or insufficient natural light, lack of fresh air, lack of ventilation, lack of privacy for toilet, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54168/18 29/10/2018 Sergey Yevgenyevich YEVDOKIMOV 1985     train 15/07/2018 to 15/07/2018 0.4 m²     no or restricted access to toilet, overcrowding   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54226/18 25/10/2018 Vitaliy Dmitriyevich SVIRID 1984     train, van 21/07/2018 to 23/07/2018 0.2-0.3 m²     insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54782/18 13/08/2018 Pavel Sergeyevich SELIVANOV 1978     van (from SIZO-1 St   Petersburg to various locations) from 14/02/2018 to August 2018 most recently 0.3 m²     overcrowding, no or restricted access to toilet   1,000   55615/18 25/10/2018 Sergey Viktorovich DMITRIYEV 1991     train 01/10/2018 to 02/10/2018 0.6 m²     insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   56338/18 13/11/2018 Dmitriy Vladimirovich SAPRYKIN       van, train 05/09/2018 to 07/09/2018 0.3-0.4 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   56415/18 13/11/2018 Sergey Sergeyevich BOBROV 1985     train 13/07/2018 to 15/07/2018       van 13/07/2018 to 13/07/2018 0.68 m²           0.35 m² overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen   overcrowding     1,000   20154/19 04/03/2019 Leonid Valeryevich KHUDYAYEV 1984     train 01/02/2019 to 02/02/2019 0.4 m²     overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, passive smoking, lack of fresh air, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   20517/19 02/04/2019 Aleksandr Rostislavovich IVANOV 1990     train 02/11/2018 to 15/02/2019 0.2 m²     overcrowding, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, passive smoking, lack of fresh air, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   32877/19 17/07/2019 Andrey Anatolyevich ZIMIN 1977     van 11/02/2019 to 11/02/2019   van 15/02/2019 to 15/02/2019 0.5 m²       0.3 m²     lack of fresh air, overcrowding, no or restricted access to toilet     overcrowding, lack of fresh air, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   42103/19 15/07/2019 Boris Nikolayevich BOGATYR 1976     train, transit cell, van 17/12/2018 to 24/01/2019   insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   50929/20 17/01/2021 Aleksey Valeryevich VINOGRADOV 1983     train 11/09/2020 to 12/09/2020   train 23/09/2020 to 24/09/2020     no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     [1] Plus any tax that may be chargeable to the applicants.