CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 mars 2023
- ECLI
- ECLI:CEDH:001-224345
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- 30 mars 2023
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- 30 mars 2023
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s2A7D9A9F { margin-top:66pt; margin-bottom:14pt; page-break-inside:avoid; page-break-after:avoid } .s739D2AAB { width:129.28pt; display:inline-block } .sA230456B { width:36.88pt; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } .sAC160DAD { width:15.43pt; font:7pt 'Times New Roman'; display:inline-block } Published on 24 April 2023   FOURTH SECTION Application no.   23242/20 Yevgeniy Vladimirovich NAZAROV against Russia and 99 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .   SUBJECT MATTER   The applications concern complaints raised under Article 3 of the Convention relating to use of metal cages and other security arrangements in courtrooms which are the subject of well-established case law of the Court (see Svinarenko and Slyadnev v.   Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 3 of the Convention (use of metal cages and other security arrangements in courtrooms) No. Application no. Date of introduction Applicant’s name Year of birth   Name of the court Date of the relevant judgment Start date End date Other complaints under well-established case-law     23242/20* 12/05/2020 Yevgeniy Vladimirovich NAZAROV 1984 Lomonosovskiy District Court of Arkhangelsk 24/01/2020 14/12/2017 24/01/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     23933/20 22/05/2020 Denis Aleksandrovich SADOVSKIY 1987 Tobolsk Town Court of the Tyumen Region 23/12/2019 26/08/2019 23/12/2019       24043/20* 22/05/2020 Tynchtykbek Avazbekovich ZHOLBOLDUYEV 1984 Military Court of the Central Circuit 17/02/2020 03/07/2018 17/02/2202       24445/20* 18/05/2020 Natalya Nikolayevna RAZUMNAYA 1981 Leninskiy District Court of Rostov-on-Don, Rostov Regional Court In person at courts and via video link (location not specified) 27/04/2021 06/12/2019 27/04/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     24700/20 08/06/2020 Ivan Yevgenyevich ONKOV 1983 Zheleznododrozhnyy District Court of Krasnoyarsk 31/01/2020 06/02/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     24827/20* 29/05/2020 Oleg Radikovich GIMAZOV 1993 Novo-Savinovskiy District Court of Kazan, Tatarstan Republic 29/10/2019 01/01/2019 29/10/2019       25038/20* 10/04/2020 Pavel Vitalyevich LUBENTSOV 1981 Detention in a metal cage on multiple occasions during the detention and trial hearings at the Frunzenskiy District Court of   St Petersburg   27/12/2018 on-going placement in a cage on the date when the application was lodged with the Court Art. 3 - inadequate conditions of detention during transport - transport between the remand prison and the Frunzenskiy District Court of St Petersburg on multiple occasions from 27/12/2018 onwards (on-going on the date when the application was lodged with the Court) (0.2 ‑ 0.3 sq. m. per inmate, overcrowding, lack of safety belts, lack of fresh air, lack of electric light, inadequate temperature, mouldy cell, no access to toilet);   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport.     25417/20* 18/05/2020 Gennadiy Vladimirovich RUSAKOV 1985 Pushkinskiy District Court of St   Petersburg   10/07/2018 on-going placement in a cage on the date when the application was lodged with the Court Art. 3 - inadequate conditions of detention during transport between the remand prison and the Pushkinskiy District Court of St Petersburg on multiple occasions from 10/07/2018 onwards (0.2-0.3 sq. m per inmate, overcrowding, no individual seat); time of transfer from 2 to 4 hours.     25425/20* 16/04/2020 Dmitriy Andreyevich ZAZDRAVNOV 1986 Tsentralniy District Court of Krasnoyarsk 23/09/2019 22/11/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   25721/20 19/03/2020 Mikhail Mikhaylovich KHOKHLOV 1980 Ezhvinskiy District Court of Syktyvkar of the Komi Republic 25/02/2020 19/12/2019 25/02/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   25758/20* 04/06/2020 Abror Akhralovich AZIMOV 1990 Detention in a glass cabin during the hearings held on multiple occasions in the courtroom of the First Western Circuit Military Court (0.3 sq. m. of personal space) 10/12/2019 02/04/2019 10/12/2019 Art. 3 - inadequate conditions of detention during transport - van, numerous occasions of transport between the detention facility and the courthouse between 02/04/2019 and 10/12/2019; specific grievances: inadequate temperature, overcrowding (0.25 sq. m. of personal per inmate), no or restricted access to toilet, lack of fresh air.   26061/20 15/10/2020 Sarkis Samvelovich VAGANYAN 1997 Sverdlovskiy District Court of Krasnoyarsk   29/10/2019 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26068/20 28/04/2020 Maksim Sergeyevich TSATNEV 1986 Oktyabrskiy and Lomonosovskiy District Courts of Arkhangelsk   16/12/2019 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26445/20 05/06/2020 Denis Aleksandrovich POPOV 1981 Kineshema Town Court of the Ivanovo Region, Ivanovo Regional Court 03/10/2019 01/10/2018 03/10/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26478/20* 04/08/2020 Nikolay Maksimovich MEDVEDEV 1993 Kalininskiy District Court of Tumen 11/06/2020 13/01/2020 11/06/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26578/20* 22/06/2020 Maksim Aleksandrovich PESHKOV 1981 Karymskiy District Court of the Zabaykalskiy Region, Zabaykalskiy Regional Court 04/03/2020   11/12/2019 04/03/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26608/20 22/04/2020 Mikhail Alekseyevich PATYUKOV 2000 Oktyabrskiy District Court of Arkhangelsk, Arkhangelsk Town Court   27/02/2019 21/01/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26649/20 16/04/2020 Aleksey Vladimirovich MESHCHERSKIY 1986 Tsentralnyy District Court of Volgograd, Voroshilovskiy District Court of Volgograd, Volgograd Regional Court   30/09/2019 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26841/20* 21/05/2020 Vasiliy Ivanovich LOBANOV 1985 Priluzskiy District Court of the Komi Republic     22/08/2019 26/11/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   26902/20* 20/03/2020 Dmitriy Andreyevich VOLOZHENINOV 1985 Sosnogorsk Town Court 25/09/2019 30/11/2018 25/09/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   27287/20* 08/05/2020 Artur Rishatovich BASMANOV 1987 Supreme Court of Republic of Bashkortostan (metal cage in the hearings); Supreme Court of the Russian Federation, Video link from SIZO-3 while detained in a cage, Republic of Bashkortostan 12/12/2019 31/10/2018       12/12/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   28099/20* 13/05/2020 Aleksandr Gennadyevich KOSTINEVICH 1966 Oktyabrskiy District Court of Krasnoyarsk 10/03/2020 10/03/2020 10/03/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   28468/20* 04/08/2020 Dmitriy Sergeyevich POLYAKOV 1979 Kirovskiy District Court of Krasnoyarsk, Sverdlovsk District Court of Krasnoyarsk 22/07/2020 29/01/2020 22/07/2020     28493/20* 19/05/2020 Vladimir Sergeyevich KAZACHKOV 1991 Sovetskiy District Court of Vladivostok, Primorye Regional Court, Fifth Appeal Court of General Jurisdiction (video link from unspecified SIZO while being placed in a cage) 11/02/2019         on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   28846/20* 14/09/2020 Ilya Leonidovich GOLOVACH 1987 Inta Town Court of the Komi Republic     22/03/2020 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   29380/20* 03/04/2020 Mark Yevgenyevich PANTYUKHIN Zavodskoy District Court of Kemerovo 04/12/2019 29/01/2019 04/12/2019     29386/20 07/04/2020 Aleksandr Nikolyevich YEROSHEVICH 1973 Sovetskiy District Court of Khanty Mansiysk 18/09/2019 25/07/2019 18/09/2019     29387/20 02/04/2020 Nauris Sairovich DAVLETBAKOV 1972 Tsentralnyy District Court of Tyumen 20/12/2019 02/09/2019 20/12/2019     29390/20 02/04/2020 Aleksandr Vladislavovich IVANOV 1998 Tsentralnyy District Court of Tyumen 20/02/2020 06/11/2019 20/02/2020     30272/20* 29/08/2020 Kirill Petrovich MORGACH 1985 Severodvinsk Town Court of Arkhangelsk Region 16/03/2020 27/12/2018 16/03/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   30366/20 01/06/2020 Aleksey Nikolayevich SKVORTSOV 1979 Kirovskiy District Court of Novosibirsk, Novosibirsk Regional Court     22/11/2018 on-going placement in a cage on the date when the application was lodged with the Court     30386/20* 27/10/2020 Sergey Vladimirovich FISENKO 1974 Ukhta Town Court of the Komi Republic   26/02/2020 30/09/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   30570/20* 17/04/2020 Ramis Railevich FAYZULLIN 1995 Naberezhnye Chelny Town Court of the Republic of Tatarstan 02/12/2019 07/06/2018 02/12/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   30690/20* 23/06/2020 Roman Aleksandrovich LEBEDEV 1983 Zheleznodorozhnyy District, Tsentranyy District and Oktyabrskiy District Courts of Krasnoyarsk 23/12/2019 20/07/2018 23/12/2019 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   30950/20* 17/06/2020 Aleksey Alekseyevich FROLENKO 1989 Military Court of the Vorkuta Garrison 30/12/2019 26/09/2019 30/12/2019     33579/20* 20/07/2020 Sergey Stepanovich DERZHIPILSKIY 1996 Privolzhskiy Circuit Military Court 05/02/2020 16/04/2019 05/02/2020     33654/20 20/07/2020 Aleksandr Valeryevich IVANNIKOV 1990 Komsomolskiy District Court of the Khabarovsk Region and Fifth Appellate Court of Common Jurisdiction 21/01/2020 26/06/2018 21/01/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearing.   35504/20 21/07/2020 Denis Nikolayevich VLASOV 1980 Tsentralniy District Court of Tumen 02/03/2020 02/11/2019 02/03/2020     35682/20 21/07/2020 Denis Sergeyevich SPIRIDONOV 1977 Ezhvinsky District Court of Syktyvkar 22/07/2020 18/06/2019 22/07/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between 28/03/2017 and 02/12/2020 (more than 100 times), 0.4 sq. m. per person, inadequate furniture, no safety belts or other safety measures; restricted access to toilet; inadequate temperature.   35685/20 21/07/2020 Yuriy Yuryevich POLITOV 1966 Ezhvinskiy District Court of Syktyvkar 22/07/2020 10/06/2019 22/07/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - van between 15/10/2017 and 01/10/2020 on numerous occasions (120 transfers from 20 to 50 minutes); inadequate furniture, no safety belts or other safety measures; restricted access to toilet; inadequate temperature.   35838/20* 27/07/2020 Ilnar Ilyasovich ZYALILOV 1980 Privolzhskiy Circuit Military Court in the building of the Kazan Garrison Military Court 05/02/2020 05/02/2020 05/02/2020     36408/20* 29/07/2020 Maksim Aleksandrovich KLYUKVIN 1978 Justice of the Peace of Vorkuta, Komi Republic -   28/10/2019 05/06/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   36702/20* 05/08/2020 Nikolay Vladimirovich KOCHETKOV 1990 Ezhvinskiy District Court of Syktyvkar 19/05/2020 19/05/2020 19/05/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   36824/20 03/08/2020 Ilnaz Ravilovich SAFIULLIN 1986 Privolzhye Military Circuit Court 05/02/2020 16/04/2019 05/02/2020     37397/20* 28/05/2020 Tatyana Sergeyevna SEZINA 1983 Tsivilskiy District Court of the Chuvashia Republic, Supreme Court of the Chuvashia Republic 26/02/2020 19/12/2019 26/02/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   37706/20* 20/07/2020 Maksim Vitalyevich ZAVALIN 1982 Frunzenskiy District Court of St   Petersburg     27/12/2017 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by prison van between the detention facilities and the courthouse since 29/12/2017 and on-going transport on the date when the application was lodged with the Court; 0.4 sq. m of personal space; applicant transported on numerous occasions, lack of fresh air, passive smoking, overcrowding, no or restricted access to toilet.   37709/20* 21/07/2020 Yuriy Andreyevich ANDREYEV 1985 Vasileostrovskiy District Court of St   Petersburg     04/07/2019 09/04/2020 Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions by van between the detention facility and the courthouse from 04/07/2020 to 20/01/2020; overcrowding, no or restricted access to toilet, passive smoking.   38790/20* 08/08/2020 Pavel Vladimirovich ANDRAKHANOV 1980 Oktyabrskiy District Court of Krasnoyarsk 22/01/2020 06/06/2019 22/01/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   40443/20* 16/06/2020 Yuriy Nikolayevich VARNIKOV 1985 Arkhangelsk Regional Court (glass cabin)   19/10/2017 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law - in respect of placement in a glass cabin during court hearings.   40998/20 27/08/2020 Yakov Yegorovich DAVYDOV 1974 Almetievsk Town Court of the Tatarstan Republic 30/07/2020 01/02/2020 30/07/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   41542/20 04/08/2020 Georgi Malkhazovich MISAKYAN 1973 Krasnoyarsk Regional Court     21/08/2019 on-going placement in a cage on the date when the application was lodged with the Court     41592/20* 14/11/2020 Andrey Vladimirovich RACHEYEV 1971 Biysk Town Court of the Altay Region 04/03/2020 31/10/2019 04/03/2020     41646/20* 12/08/2020 Roman Alekseyevich SMAGIN 1992 Severodvinsk Town Court     19/11/2019 06/05/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - transport on a number of occasions by van between the detention facilities and the courthouse during the criminal proceedings from 19/11/2019 to 06/05/2020; overcrowding, lack of fresh air, inadequate temperature.   41805/20* 28/08/2020 Vitaliy Yakovlevich LIPPS 1986 Tsentralnyy District Court of Chita; Tsentralnyy District Zabaykalskiy Regional Court 07/12/2020 30/12/2019       07/12/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   42953/20* 24/06/2020 Dmitriy Andreyevich KLIPPERT 1989 Oktyabskiy District Court of Penza     12/02/2020 on-going placement in a cage on the date when the application was lodged with the Court     44384/20 17/09/2020 Oleg Gennadyevich LEONOV 1980 Zheleznodorozhnyy District Court of Krasnoyarsk   28/05/2020 10/08/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   45037/20* 24/09/2020 Oleg Nikolayevich YELGIN 1967 Chernovskiy District Court of Chita 29/01/2020 29/01/2020 29/01/2020     45644/20* 28/04/2021 Denis Andreyevich LODYGIN 1990 Justice of the Peace of the Kuratovskiy Judicial Circuit of Syktyvkar 10/03/2021 24/11/2020 10/03/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   46354/20* 13/10/2020 Stanislav Stanislavovich TSURIK 1961 Zyevskiy District Court of Kirov Region 22/07/2020 22/07/2020 22/07/2020     46982/20* 07/09/2020 Aleksey Yuryevich KONDRATYEV 1986 Vorkuta Town Court of the Komi Republic     18/09/2020 18/09/2020 Art. 3 - inadequate conditions of detention during transport in a train between 23/07/2020 and 25/07/2020, between 19/08/2020 and 20/08/2020, between 28/12/2020 to 29/12/2020: overcrowding (0.3 sq. m per inmate), lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, poor quality of food, no or restricted access to potable water, lack of fresh air; Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport.   46994/20* 24/12/2020 Oleg Anatolyevich TOBOLIN 1980 Sosnogorsk Town Court of Komi Republic 31/05/2021 09/10/2020     31/05/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   47557/20 28/09/2020 Artem Vadimovich YEREMICHEV 1989 Kirovskiy District Court of Krasnoyarsk 18/10/2021 18/08/2019 18/10/2021 Art. 5 (3) - excessive length of pre-trial detention - length of pre ‑ trial detention: from 14/08/2019 to 13/08/2020 and after quashing the initial judgment by the cassation court from 21/04/2021 to 18/10/2021, use of standard formula to extent the applicant’s detention; failure to consider alternative measures; fragility of the reasons employed;   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Art. 5 § 3 of the Convention;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   47805/20 30/09/2020 Aleksey Vladimirovich PLOTNIKOV 1982 Justice of the Peace of the Judicial Circuit of the Chibyuskiy District of Ukhta, Ukhta Town Court of the Komi Republic 24/07/2020; 07/10/2021 24/01/2020         07/10/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   47991/20* 08/10/2020 Yevgeniy Vladimirovich CHERNOKNIZHNYY 1984 Vorkuta Town Court of the Komi Republic 31/08/2020 28/07/2020 31/08/2020 Art. 3 - inadequate conditions of detention during transport - overcrowding (0.3 sq. m per person), no or restricted access to potable water, no or restricted access to toilet, lack of fresh air during transport between 19/12/2020 and 21/12/2020;   Art. 9 (1) - restrictions on freedom of religion in detention facilities – the applicant was not provided with a special diet as required by his religious beliefs and was prohibited from attending religious ceremonies in a chapel situated within the territory of the prison (see Jakóbski v. Poland , no. 18429/06, §§ 42-55, 7 December 2010; Vartic v. Romania (no. 2) , no. 14150/08, §§ 44-55, 17 December 2013; and Moroz v. Ukraine , no. 5187/07, §§ 105-09, 2 March 2017);   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport. The applicant also raised a complaint under Art. 13, in conjunction with Art. 9 of the Convention, that he had not had any effective domestic remedies at his disposal.     49023/20* 16/10/2020 Denis Aleksandrovich OLESHKEVICH 1982 Ukhta Town Court of the Komi Region Video link from IK ‑ 8, Komi Republic; Ukhta Town Court of the Komi Republic (courtroom); Supreme Court of the Komi Republic Video link from IK-8, Komi Region 11/06/2020               21/09/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-8 Komi Republic (12/03/2020 - on-going on the date when the application was lodged with the Court) - opposite-sex operators, detention in different cells with video surveillance.   49222/20* 13/11/2020 Aleksandr Vasilyevich SMETANNIKOV 1985 Inta Town Court of the Komi Republic 08/10/2020 09/09/2020 08/10/2020 Art. 3 - inadequate conditions of detention during transport - train, from 21/11/2019 to 24/10/2020, 0.33 ‑ 0.5   sq. .m. per inmate. Specific grievances - insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack or insufficient quantity of food, transport for 6 hours, applicant transported on numerous occasions;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport.   49871/20 25/09/2020 Denis Sergeyevich SERZHANIN 1982 Voroshilovskiy District Court of Volgograd   21/02/2020 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   51833/20 28/10/2020 Vladimir Alekseyevich KOPTEV 1989 Dzerzhinskiy District Court of Volgograd     15/04/2020 on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   53064/20 13/11/2020 Galina Ivanovna IVANOVA 1962 Tsentralnyy District Court of Tyumen; 07/04/2020 17/07/2019 07/04/2020     53320/20 05/11/2020 Vladimir Vladimirovich KHELIKOV 1985   Yevgeniy Vladimirovich KHELIKOV 1992 both applicants complain about their placement in metal cage during hearings before the Adlerskiy District Court of Sochi, and during hearings before the Krasnodar Regional Court by way of videoconference from a detention facility 02/06/2020 30/01/2019 02/06/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   53336/20 09/11/2020 Polina Olegovna YERMILOVA 2000 Traktorozavodskiy and Tsentralnyy District Courts of the Volgograd Region, Volgograd Town Court 08/09/2020 12/08/2019 08/09/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   53886/20 16/11/2020 Vitaliy Vladimirovich NADUTKIN 1982 Udorskiy District Court of Koslan, Syktyvkar Town Court, Ezhvinskiy District Court of Syktyvkar of the Komi Republic 25/09/2020 19/06/2020 25/09/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   55381/20* 30/11/2020 Vladimir Dmitriyevich ANDREYEV 1954 Tula Regional Court (by way of video link from a metal cage) 06/08/2020 20/07/2020 06/08/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   254/21* 20/11/2020 Stanislav Yevgenyevich MALOV 1985 Supreme Court of the Russian Federation Video link from SIZO-1, Kazan, Tatarstan 16/06/2020 16/06/2020 16/06/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.       1936/21 01/12/2020 Marufzhon Makhammadaliyevich ISOMIDDINOV 1980 Usinsk Town Court of Komi Republic 21/10/2020 21/10/2020 21/10/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 3 - inadequate conditions of detention during transport - van, train; from 15/08/2019 until 15/02/2021; 0.4   sq. m per person. Applicant transported on numerous occasions, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, overcrowding, no or restricted access to toilet.   2303/21 25/11/2020 Aleksey Alekseyevich VDOVIN 2000 Naberezhnye Chelny Town Court, Sovetskiy District Court of Kazan     27/12/2018 on-going placement in a cage on the date when the application was lodged with the Court Art. 3 - inadequate conditions of detention during transport - transported on numerous occasions: between Naberezhnye Chelny and Chistopol (160 km) between 15/02/2019 and 17/07/2020; between Naberezhnye Chelny and Kazan (240 km), 0.2 sq. m of personal space;   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   2711/21 14/12/2020 Nikolay Aleksandrovich TOMOV 1996 Ust-Kulomskiy District Court of the Komi Republic 13/10/2020   13/10/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings   6375/21* 15/12/2020 Sergey Grigoryevich DANILICHEV 1976 Volgograd Regional Court 14/12/2020   Volzhskiy Town Court of the Volgograd Region 27/08/2021 24/01/2019     24/06/2021 14/12/2020     27/08/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   9033/21 01/01/2021 Vladimir Yevgenyevich KONSTANTINOV 1983 Koryazhma Town Court of the Arkhangelsk Region 02/10/2020 14/02/2020 02/10/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   14406/21 04/02/2021 Sergey Yevgenyevich KOPYTOV 1991 Petrovsk ‑ Zabaykalskiy Town Court of the Zabaykalsk Region 25/08/2020 24/11/2019 25/08/2020     14408/21 01/02/2021 Yuriy Sergeyevich BAZHUTOV 1985 Zheleznodorozhnyy District Court of Krasnoyarsk 24/01/2021 02/12/2020 on-going placement in a cage on the date when the application was lodged with the Court Art. 5 (3) - excessive length of pre-trial detention - since 02/12/2020 (no end date as pending) ordered by the Zheleznodorozhnyy District Court of Krasnoyarsk, the Krasnoyarsk Regional Court; the applicant is charged with robbery, fragile and standard reasons used to extend detention;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   15188/21 18/02/2021 Dmitriy Yevgenyevich SERGIYEVSKIY 1988 Justice of the Peace of Tentyukovskiy Judicial Circuit of Syktyvkar     Ust-Vymskiy District Court of Komi Republic (from the detention facility being placed in a metal cage and by way of video conference) 08/12/2021       18/02/2021 26/01/2022       on-going placement in a cage on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   18012/21 12/03/2021 Maksim Nikolayevich PERUNOV 1985 Tsentralnyy District Court of Chita 07/12/2020 10/01/2020 07/12/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   18486/21* 18/03/2021 Sergey Viktorovich YEGOROV 1976 Oktyabrskiy District Court of St Petersburg, Krasnogvardeyskiy District Court of St   Petersburg   11/12/2019 on-going placement in a cage on the date when the application was lodged with the Court Art. 5 (3) - excessive length of pre-trial detention - 11/12/2019 – pending on the date when the application was lodged with the Court, Oktyabrskiy District Court of St   Petersburg, Krasnogvardeyskiy District Court of St   Petersburg, St   Petersburg City Court. Fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint;   Art. 3 - inadequate conditions of detention during transport - on numerous occasions (at least 28 times) the applicant was transported from the remand prison to the courthouse and back (29/07/2020-pending the criminal proceedings against him); transfers last about 2 hours; in the van the applicant is placed in a compartment measuring 10 sq. m with 15 to 18   inmates; inadequate temperature, lack of fresh air, passive smoking.   19931/21 10/03/2021 Aleksey Pavlovich PESHCHEREV 1975 Kirovskiy District Court of Novosibirsk; Novosibirsk Regional Court 11/11/2020 06/09/2019     11/11/2020 Art. 3 - inadequate conditions of detention during transport - van: transport from the remand prison to the courthouse and back (from 05/09/2019 to 17/01/2020), each trip lasted 1.5 hours, the applicant was held in the compartment housing 12   to 16 inmates; train: transport from the remand prison to the correctional colony, from 12/12/2020 to 13/12/2020 (the trip lasted 4 hours), the applicant was held in a compartment with 8 other inmates; overcrowding, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet.   21459/21* 29/03/2021 Mikhail Viktorovich GOROZHANKIN 1979 Ukhta Town Court of the Komi Republic 13/10/2020 01/04/2020 13/10/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of permanent video surveillance;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-2 Komi Republic, from 08/04/2020 to 31/03/2021 - opposite-sex operators, video surveillance in a lavatory and/or shower room.   22671/21 20/03/2021 Bogdan Aleksandrovich PONOMAREV 1982 Ukhta Town Court of Komi Republic 08/12/2020   Syktyvkar Town Court of Komi Republic 02/03/2021   Syktyvkar Town Court of Komi Republic 26/03/2021   Ukhta Town Court of Komi Republic 12/04/2021   Syktyvkar Town Court of Komi Republic 06/05/2021   Syktyvkar Town Court of Komi Republic 13/05/2021 17/05/2020       02/03/2021       26/03/2021       03/11/2020       06/05/2021       13/05/2021 02/03/2021       02/03/2021       26/03/2021       12/04/2021       06/05/2021       13/05/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   23079/21* 05/04/2021 Pavel Yevgenyevich OSTROVSKIY 1995 Ussuriyskiy District Court of the Primorye Region, Solikamsk Town Court of the Perm Region, video link from SIZO ‑ 3, Ussuriysk, Primorye Region 28/01/2021 07/08/2020 28/01/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 3 - inadequate conditions of detention – the applicant serves his life sentence in IK-2; he has about 3 sq. m. of personal space, outdoor exercise twice a week, restricted access to shower ( Shlykov and Others v. Russia, nos. 78638/11 and 3 others, 19 January 2021); Art. 3 - torture or inhuman or degrading treatment - routine handcuffing in detention given that the applicant is a lifer ( Shlykov and Others, see above).   25320/21* 04/10/2021 Maksim Anatolyevich PLASHIKHIN 1990 Ezhvinskiy District Court of Syktyvkar 07/06/2021 16/02/2021 07/06/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - van, train; from 12/06/2021 to 02/07/2021, from 11/09/2021 to 13/09/2021 and from 15/10/2021 to 17/10/2021. Specific grievances: overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no or restricted access to potable water, poor quality of food, no or restricted access to toilet.   26368/21* 20/04/2021 Vladimir Alekseyevich ALEKSEYEV 1999 Ukhta Town Court, Syktyvkar Town Court, Supreme Court of the Komi Republic (by way of a video link),   04/03/2021     20/10/2020 04/03/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 3 - inadequate conditions of detention during transport - poor conditions of transport for 9 hours on 11/03/2021: insufficient number of sleeping places, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, overcrowding, poor quality of food, poor quality of potable water; 1   sq. m per person.   27583/21* 04/05/2021 Vasiliy Petrovich BOROVTSOV 1975 Volzhskiy Town Court of the Volgograd Region, Volgograd Regional Court 01/04/2021 22/01/2019 01/04/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   29704/21* 04/05/2021 Aleksandr Vladislavovich BOGDANOV 1977 Vorkuta Town Court   08/10/2020 16/03/2021 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement into a metal cage during court hearings;   Art. 3 - inadequate conditions of detention during transport – from 29/10/2021 to 31/10/2021, train, 0.2 sq. m per person overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, no or restricted access to potable water.   32074/21* 09/03/2021 Dmitriy Aleksandrovich DILSHNAYDER 1981 Sverdlovskiy District Court of Yekaterinburg, Ivdel Town Court of the Sverdlovsk Region (by way of videoconference from the detention facility) 12/02/2021   Kirovskiy District Court of Novosibirsk 22/11/2021 28/10/2020             25/10/2021 12/02/2021             22/11/2021     32317/21 27/03/2021 Anton Olegovich BELYAYEV 1992 Naberezhnye Chelny Town Court 01/12/2021 16/08/2019 01/12/2020 Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - since 16/08/2019, numerous and regular transfers by van between the detention facilities and the courthouse pending the criminal proceedings: 0,25   sq. m per inmate, overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to toilet, sharing cells with inmates infected with contagious disease.   32847/21* 09/06/2021 Artem Vasilyevich SHISHKIN 1990 Oktyabrsky District Court of Kirov     05/02/2021 on-going placement in a cage on the date when the application was lodged with the Court     35012/21 13/10/2021 Pavel Anatolyevich ZHELEZNOV 1985 Sysolskiy District Court of the Komi Republic 07/09/2021   Justice of the Peace of the Lesozavodskiy Judicial Circuit of Syktyvkar 10/06/2022 12/01/2021       28/04/2022 07/09/2021       10/06/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   37631/21* 05/07/2021 Aleksandr Aleksandrovich BARUZDIN 1991 Sverdlovskiy District Court of Kostroma 11/02/2021   Kostroma Regional Court 01/07/2021 16/05/2020       12/11/2020 11/02/2021       01/07/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   37680/21 30/06/2021 Andrey Aleksandrovich KUCHIN 1991 Koryazhma Town Court 12/04/2021 12/04/2021 13/04/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   41704/21* 23/07/2021 Uralbay Urazbayevich MAMBETOV 1997 Oktyabrskiy District Court of Tambov, Leninskiy District Court of Tambov   18/11/2020 on-going placement in a cage on the date when the application was lodged with the Cout Art. 5 (3) - excessive length of pre-trial detention - fragility of the reasons employed by the courts; failure to examine the possibility of applying other measures of restraint; failure to conduct the proceedings with due diligence during the period of detention; persistent reliance, as the case progressed, on charges concerning membership in an organised criminal group, detention since 16/11/2020 and on-going on the date when the application was lodged with the Court, Tambov Regional Court, First Appellate Court, latest extension - 01/04/2022, upheld on appeal on 20/04/2022;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.              42328/21* 27/12/2021 Omak Grigoryevich KHERTEK 1991 Oktyabrskiy District Court of Krasnoyarsk 22/09/2021 06/03/2020 22/09/2021 Art. 5 (3) - excessive length of pre-trial detention – from 04/03/2020 to 22/09/2021, Oktyabrskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial;   Art. 5 (5) - lack of, or inadequate compensation, for the violation of Article 5 § 3 of the Convention.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 30 mars 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224345
Données disponibles
- Texte intégral
- Résumé officiel