CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 novembre 2023

.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 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .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 } .sFF075836 { margin-right:7.05pt; margin-left:7.05pt; 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 } .s294D88E { height:62.05pt } .sF1DFF07F { height:97.25pt } Published on 8 January 2024   THIRD SECTION Application no.   20864/18 Nikolay Yuryevich KISLOV against Russia and 8 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 November 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 inadequate conditions of detention after conviction which are the subject of well-established case law of the Court (see Sergey   Babushkin v.   Russia, no. 5993/08, 28 November 2013).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 3 of the Convention (inadequate conditions of detention after conviction) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Facility Start and end date Duration Inmates per brigade Sq. m per inmate Number of toilets per brigade Specific grievances Domestic award (in euros) Other complaints under well-established case-law     20864/18* 15/06/2018 Nikolay Yuryevich KISLOV 1989     IK-5 Krasnoyarsk Region 27/03/2016 to 11/11/2020 4 year(s) and 7 month(s) and 16 day(s) 110 inmate(s) 2.1-2.5 m² 4 toilet(s) overcrowding, mouldy or dirty cell, inadequate temperature, lack of or insufficient electric light, insufficient number of toilets and wash basins, lack of privacy for toilet, lack of fresh air, poor quality of food, lack or insufficient quantity of food, insufficient space of the TV and dining rooms   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, conditions of detention during transport and in respect of torture or inhuman or degrading treatment,   Art. 3 - inadequate conditions of detention during transport - transfer for 2 hours on 30/10/2020 from IK-5 Krasnoyarsk Region to Transit Unit of IK-6 Krasnoyarsk Region by van; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air; 0.3   sq.m; transfer on 04/10/2021 by train - 10 inmates held in the compartment; the transfer lasted 15   hours; no individual sleeping place; restricted access to toilet,   Art. 14 - prohibition of discrimination - in respect of Art. 3 - prisoner hierarchy,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - The applicant also claims that during his detention starting from 11/09/2021 in SIZO-1 Krasnoyarsk, IK-5 and IK-6 Krasnoyarsk Region, UKP-31 and KP-41 he was under constant video surveillance (detention in different cells with video surveillance, opposite-sex operators),   Art. 3 - inhuman and degrading treatment of "outcast" inmates as a result of segregation, humiliating practices and abuse in their daily life while in detention, heightened risk of inter-prisoner violence (prison hierarchy) (S.P. and Others v. Russia, 36463/11). The applicant complains of the informal hierarchy in detention facilities since 11/09/2021 (SIZO-1 in Krasnoyarsk, IK-5 and IK-6 in Krasnoyarsk Region, UKP-31, KP ‑ 41) and his discrimination by his inmates and personnel of the detention facilities because of his status as “red” (вязаный). In particular, he claims that he has been forced on multiple occasions to clean cells and other prison territories and has been prevented from using the same facilities as his inmates belonging to the privileged group of prisoners (was not allowed to eat at the allocated place, could not watch TV when the “men” were there). He also alleges that he has been beaten by the latter on several occasions, however, has not produced any evidence thereof or copies of his complaints regarding that matter. The applicant also claims that in all of these detention facilities he was under constant video surveillance (detention in different cells with video surveillance, opposite-sex operators).     44775/18* 06/08/2018 Vugar Salekhovich GUMBATOV 1987     IK-23 Irkutsk Region 18/01/2018 to 04/01/2019 11 month(s) and 18 day(s) 100 inmate(s)   10 toilet(s) overcrowding, no or restricted access to warm water, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of wash basins, lack of privacy for toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and conditions of transport,   Art. 3 - inadequate conditions of detention during transport - Transfer to the colony by van from 14/11/2018 to 17/11/2018 (two transfers, each lasted about 11 hours): overcrowding, no or restricted access to toilet     6166/19* 27/12/2018 Ivan Anatolyevich NIKITIN 1981 Yevgeniy Valeryevich Kulakov Arkhangelsk IK-1 Arkhangelsk 08/12/2011 to 28/09/2019 7 year(s) and 9 month(s) and 21 day(s) 80 inmate(s) 1.7 m² 5 toilet(s) lack of privacy for toilet, overcrowding, infestation of cell with insects/rodents, inadequate temperature 223   Supreme Court of the Russian Federation, 17/01/2022 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention     1647/20 16/12/2019 Vitaliy Aleksandrovich NAZARENKO 1982     IK-5 Krasnoyarsk Region 23/04/2015 to 13/09/2019 4 year(s) and 4 month(s) and 22 day(s) 100 inmate(s) 3.2-3.8 m² 4 toilet(s) lack of privacy for toilet, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, no or restricted access to running water, no or restricted access to toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention     2936/20* 10/12/2019 Eduard Viktorovich LAPSHOV 1983     IK-25 Komi Republic 07/11/2014 to 18/04/2022 7 year(s) and 5 month(s) and 12 day(s) 150 inmate(s)   bunk beds, overcrowding, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote (elections to the State Duma of 17 ‑ 19/09/2021)     13817/20 26/02/2020 Denis Gennadyevich KONSTANTINOV 1988 Valeriya Alekseyevna Konstantinova Dolgoprudnyy FKU-T Ulyanovsk Region 26/01/2018 pending as of 16/09/2022 More than 4   year(s) 3.25 m² overcrowding, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of clothes, lack of fresh air, inadequate temperature, lack of or insufficient quantity of food, lack of or insufficient natural light         49513/21 21/09/2021 Dmitriy Aleksandrovich PASHIYEV 1990     IK-10 Yekaterinburg 02/03/2015 to 02/07/2019 4 year(s) and 4 month(s) and 1 day(s) 1.1-1.6 m² overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of requisite medical assistance 549, Supreme Court of the Russian Federation, 04/08/2021 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention     14034/22* 17/02/2022 Ivan Borisovich KIRENKOV 1987     IK-8 Komi Republic 06/06/2018 pending as of 16/09/2022 4 year(s) and 3 month(s) and 11 day(s) 130 inmate(s) 1.4 m² 4 toilet(s) lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate medical treatment in detention and in respect of the conditions of detention,   Art. 3 - inadequate medical treatment in detention – since 06/06/2018 and pending as of 16/09/2022; period of 4 year(s) and 3 month(s) and 11 day(s)   tuberculosis, HIV/AIDS, heart condition, hepatitis, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy   On 05/2020 the Syktyvkar Town Court of the Komi Republic found that the medical assistance provided to the applicant was not adequate and awarded him RUB 20,000.     28951/23 05/07/2023 Aleksandr Nikolayevich KIRILLOV 1976 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 13/03/2017 to 14/09/2021 4 year(s) and 6 month(s) and 2 day(s) 120 inmate(s) 1.5 m² 5 toilet(s) infestation of cell with insects/rodents, lack of or insufficient electric light, lack of fresh air, poor quality of food 850, Supreme Court of the Russian Federation, 06/03/2023