I incorrectly predicted that there was a violation of human rights in ZATYNAYKO v. RUSSIA and 42 other applications.
Information
- Judgment date: 2025-03-06
- Communication date: 2022-05-04
- Application number(s): 21514/18;36924/18;38921/18;39006/18;39480/18;39997/18;46653/18;50955/18;53251/18;56243/18;56434/18;58494/18;59325/18;59464/18;59846/18;4458/19;5191/19;6324/19;7156/19;11221/19;11909/19;20168/19;21167/19;25090/19;48290/19;58645/19;9220/20;9682/20;9716/20;41401/20;41843/20;50270/20;53079/20;54341/20;377/21;4785/21;6216/21;7575/21;27412/21;37896/21;37901/21;43891/21;184/22
- Country: RUS
- Relevant ECHR article(s): 3, 6, 6-1, 6-3-b, 6-3-c, 8, 8-1
- Conclusion:
Non-pecuniary damage - award (Article 41 - Non-pecuniary damage
Just satisfaction) - Result: No violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.962538
- Prediction: Violation
Inconsistent
Legend
Communication text used for prediction
Published on 30 May 2023 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 4 May 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 – 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 Other complaints under well-established case-law 21514/18* 24/04/2018 Vladimir Anatolyevich ZATYNAYKO 1970 Andrey Anatolyevich ZATYNAYKO 1975 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 20/11/2003 - pending More than 19 year(s) and 3 month(s) and 26 day(s) 2-2.4 m2 lack of or insufficient electric light, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, overcrowding, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and permanent video surveillance, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Orenburg Region since 20/11/2003 - opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room - the complaint lodged by the first applicant, Art.
3 - use of metal cages and/or other security arrangements in courtrooms – in the Supreme Court of the Russian Federation, between 04/03/2020 and 09/06/2021, judgment on 09/06/2021, Art.
6 (3) (c) - own choice of legal assistance - complaint about inability to privately communicate with their lawyers (one of the applicants was conversing with his lawyer via video link in the presence of IK staff); passivity of the court-appointed lawyers and lack of adequate legal assistance.
(Sakhnovskiy v. Russia [GC], no.
21272/03, 2 November 2010) 36924/18 25/07/2018 Sergey Albertovich SHTINNIKOV 1972 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 29/08/2002 - pending More than 20 year(s) and 6 month(s) and 1 day(s) 4 inmate(s) 2.4 m2 lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, bunk beds, lack of or insufficient electric light, no or restricted access to shower, overcrowding Art.
3 - inadequate conditions of detention after conviction - handcuffing of the applicant, a lifer, whenever outside the cell since 29/08/2002 - ongoing, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-6 Orenburg Region since 29/08/2002 by opposite-sex operators, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities 38921/18* 02/08/2018 Maksim Alekseyevich TROSHKIN 1983 IK-11 Nizhniy Novgorod Region 21/11/2016 - pending More than 6 year(s) and 2 month(s) and 3 day(s) 133 inmate(s) 1.5 m2 6 toilet(s) poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to potable water, inadequate clothing Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 39006/18* 06/08/2018 Ivan Vasilyevich LOSMANOV 1981 Danil Nikolayevich PANKOV 1979 Andrey Valeryevich BRICHEVSKIY 1980 Ilfat Miratovich SULTANOV 1981 IK-29 Kirov Region (third applicant) 15/01/2014 -pending More than 9 year(s) and 10 day(s) IK-29 Kirov Region (first applicant) 12/03/2014 - pending More than 8 year(s) and 10 month(s) and 13 day(s) IK-29 Kirov Region (second applicant) 08/04/2015 - pending More than 7 year(s) and 9 month(s) and 17 day(s) IK-29 Kirov Region (fourth applicant) 01/02/2016 - pending More than 6 year(s) and 11 month(s) and 24 day(s) < 2 m2 < 2 m2 < 2 m2 < 2 m2 bunk beds, lack of fresh air, inadequate temperature, no or restricted access to warm water, overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower see above see above see above 39480/18* 04/07/2018 Ivan Venidiktovich KAZANTSEV 1979 IK-25 Komi Republic 02/03/2018 to 22/05/2019 1 year(s) and 2 month(s) and 21 day(s) IK-10 Sverdlovsk Region 08/07/2019 - pending More than 3 year(s) and 6 month(s) and 16 day(s) 2 m2 150 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water, insufficient number of toilets Art.
3 - inadequate conditions of detention during transport - transport by train on 31/05/2019-01/06/2019 and 16/06/2019-17/06/2019 (overcrowding, insufficient number of sleeping places, no or restricted access to toilet) 39997/18* 08/08/2018 Aleksey Yuryevich SOROKIN 1988 IK-5 Kirov Region 05/04/2016 to 25/08/2018 2 year(s) and 4 month(s) and 21 day(s) 105 inmate(s) 3 m2 inadequate temperature, poor quality of food, no or restricted access to warm water, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 46653/18* 05/11/2018 Erdeni Galsandorzhiyevich YUNDUNOV 1980 IK-11 Nizhniy Novgorod Region 23/08/2018 - pending More than 4 year(s) and 5 month(s) and 1 day(s) 86 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food Art.
3 - inadequate conditions of detention during transport - train, Saratov - Nizhniy Novgorod, 20 to 21/08/2018, insufficient number of sleeping places, 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 50955/18* 08/10/2018 Aleksandr Sergeyevich MALTSEV 1979 Yevgeniy Valeryevich Kulakov Arkhangelsk IK-1 Arkhangelsk Region 12/10/2016 to 29/12/2018 2 year(s) and 2 month(s) and 18 day(s) 80 inmate(s) 2 m2 4 toilet(s) lack of or inadequate hygienic facilities, inadequate temperature, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53251/18* 01/09/2018 Stanislav Vladimirovich KUZNETSOV 1994 IK-11 Nizhniy Novgorod Region 03/08/2018 to 29/01/2023 4 year(s) and 5 month(s) and 27 day(s) 6 inmate(s) 2 m2 1 toilet(s) poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56243/18* 13/11/2018 Yevgeniy Valeryevich KOVALEV 1990 IK-11 Nizhniy Novgorod Region 26/08/2018 - pending More than 4 year(s) and 4 month(s) and 29 day(s) 130 inmate(s) 1.5 m2 7 toilet(s) poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56434/18* 15/11/2018 Maksim Valeryevich ZAVARUKHIN 1983 IK-24 Komi Republic 15/07/2018 to 18/09/2019 1 year(s) and 2 month(s) and 4 day(s) 200 inmate(s) 2.2 m2 5 toilet(s) lack of fresh air, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food Art.
3 - inadequate conditions of detention during transport - transport by train, from 13 to 15/07/2018; overcrowding, lack of or insufficient electric light, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, no or restricted access to toilet, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of the inadequate conditions of detention during transport 58494/18* 28/11/2018 Sergey Aleksandrovich NIKIFOROV 1973 IK-11 Nizhniy Novgorod Region 22/08/2018 - pending More than 4 year(s) and 5 month(s) and 2 day(s) 260 inmate(s) < 2 m2 9 toilet(s) inadequate temperature, lack of fresh air, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59325/18 27/11/2018 Denis Valeryevich IGNATENKO 1988 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 14/08/2017 - pending More than 5 year(s) and 5 month(s) and 10 day(s) 100 inmate(s) 1.6 m2 6 toilet(s) overcrowding, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, no or restricted access to shower Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59464/18* 03/12/2018 Aleksey Vladimirovich SENKIN 1987 IK-11 Nizhniy Novgorod Region 15/10/2018- pending More than 4 year(s) and 3 month(s) and 9 day(s) 100 inmate(s) <3 m2 6 toilet(s) lack of fresh air, overcrowding, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59846/18* 28/11/2018 Valeriy Askarovich MIRMUKHAMEDOV 1971 LIU-3 Nizhny Novgorod Region (medical facility) 16/01/2016 to 15/09/2018 2 year(s) and 8 month(s) IK-11 Nizhniy Novgorod Region 16/09/2018 - pending More than 4 year(s) and 4 month(s) and 8 day(s) 2 m2 150 inmate(s) 1.7 m2 8 toilet(s) overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, poor quality of potable water, lack of or poor quality of bedding and bed linen overcrowding, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, lack of or insufficient electric light, infestation of cell with insects/rodents, no or restricted access to running water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4458/19* 17/12/2018 Aleksandr Ivanovich FEDORYANICH 1987 IK-11 Nizhniy Novgorod Region 19/11/2018 - pending More than 4 year(s) and 2 month(s) and 5 day(s) 110 inmate(s) 1.6-1.7 m2 6 toilet(s) lack of fresh air, infestation of cell with insects/rodents, 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 5191/19* 09/01/2019 Pavel Vladimirovich MALKOV 1986 IK-11 Nizhniy Novgorod Region 12/11/2018 - pending More than 4 year(s) and 2 month(s) and 12 day(s) 130 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space of the exercise yard, passive smoking, poor quality of food, lack or insufficient quantity of food Art.
3 - inadequate conditions of detention during transport - poor conditions of transport on 21-23/10/2018 and on 04/11/2018, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 6324/19* 14/01/2019 Andrey Andreyevich GREKHOV 1990 IK-10 Altay Region 07/10/2017 - pending More than 5 year(s) and 3 month(s) and 17 day(s) 100 inmate(s) < 2 sq.
m. m2 6 toilet(s) no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to shower, lack of privacy for toilet, overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient electric light, inability to take a shower, lack of or insufficient quantity of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 7156/19* 14/01/2019 Viktor Anatolyevich PETRENKO 1966 IK-11 Nizhniy Novgorod Region 10/12/2018 - pending More than 4 year(s) and 1 month(s) and 14 day(s) 100 inmate(s) 1.8-1.9 m2 6 toilet(s) overcrowding, lack of ventilation, lack of fresh air, poor quality of food, poor quality of potable water, bunk beds, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law to complain about poor conditions of transport and inadequate conditions of detention, Art.
3 - inadequate conditions of detention during transport - transport from 14/10/2018 to 20/10/2018 by train; detention in transit facilities; lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature, lack of fresh air, no or restricted access to warm water, overcrowding, insufficient number of sleeping places 11221/19* 10/04/2019 Roman Borisovich KORNIYENKO 1984 IK-8 Komi Republic 16/11/2018 - pending More than 4 year(s) and 3 month(s) and 26 day(s) 50 inmate(s) < 2 m2 overcrowding, lack of toiletries, no or restricted access to toilet, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air Art.
13 - lack of any effective remedy in domestic in respect of poor conditions of detention and transport, Art.
3 - inadequate conditions of detention during transport - train, 04/11/2018-12/11/2018, 0.2-0.4, overcrowding, insufficient number of sleeping places, passive smoking, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack or insufficient quantity of food, inadequate temperature 11909/19 03/06/2019 Vladimir Viktorovich YEGORIN 1966 IK-49 Komi Republic 06/08/2010 - pending More than 12 year(s) and 28 day(s) 1.5 m2 no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, inadequate temperature Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 20168/19 04/04/2019 Vasiliy Aleksandrovich BOCHEK 1963 OIK 36 IK 5 Krasnoyarsk Region 02/09/2015 - pending More than 7 year(s) and 4 month(s) and 23 day(s) 2.67 m2 overcrowding, narrow passages in the cell, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air Art.
3 - inadequate conditions of detention during transport - 05/06/2019; van; 0.3 sq.
m of personal space; lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light (introduction date - 22/07/2019) 21167/19* 29/03/2019 Aleksandr Nikolayevich FEDYNA 1962 IK-18 Murmansk Region 01/05/2010 - pending More than 12 year(s) and 7 month(s) and 12 day(s) 1.9 m2 poor quality of food, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 25090/19 20/04/2019 Yevgeniy Vladimirovich ZUBTSOV 1987 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 20/07/2015 - pending More than 7 year(s) and 6 month(s) and 5 day(s) 120 inmate(s) <2 m2 7 toilet(s) no or restricted access to shower, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 48290/19* 29/08/2019 Denis Sergeyevich ZUBAREV 1996 Disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region 10/03/2019 to 19/08/2019 5 month(s) and 10 day(s) 4 inmate(s) 2-2.6 m2 overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, lack of privacy for toilet Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance in a lavatory in disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region between 10/03/2019 and 19/08/2019 58645/19 20/05/2020 Shamsuddin Rustamzhonovich NEGMATULLAYEV 1983 IK-5 Krasnoyarsk Region 30/04/2014 - pending More than 8 year(s) and8 month(s) and 26 day(s) 100 inmate(s) 3.5 m2 4 toilet(s) inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food Art.
3 - inadequate conditions of detention during transport - transfer by van from IK-5 to TPP-6 Krasnoyarsk Region and back on 21/02/2020: overcrowding (0.2 sq.
m of personal space), lack of fresh air, seat belts, no access to potable water, each way took 3 hours., Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 9220/20* 28/01/2020 Eduard Alekseyevich GERASIMOV 1978 IK-3 Chuvashia Republic 03/09/2018 - pending More than 4 year(s) and 4 month(s) and 23 day(s) 2.25 m2 lack of or insufficient natural light 9682/20* 29/01/2020 Petr Viktorovich FILIPPOVSKIY 1981 IK-19 Komi Republic 10/01/2020 - pending More than 3 year(s) and 21 day(s) 124 inmate(s) 1.8 m2 3 toilet(s) lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placing in a metal cage during court hearings, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was placed in a metal cage on several occasions during court hearings in the Ukhta Town Court between 28/05/2019 and 03/10/2019 9716/20* 29/01/2020 Tolibzhon Makhmadsaidovich DZHABOROV 1983 IK-25 Komi Republic 09/05/2010 - pending More than 12 year(s) and 9 month(s) and 1 day(s) 82 inmate(s) <2 m2 overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transportation and permanent video surveillance, Art.
3 - inadequate conditions of detention during transport - conditions of the applicant’s transportation in a train on 25-26/06/2021 from the train station to the hospital for 8 hours - specific grievances: overcrowding (0.5 sq.
m. of personal space: compartment measuring 3.6 sq.
m. housing 7 inmates) insufficient number of sleeping places (7 inmates and 6 bunk beds), lack of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or inadequate furniture, lack of fresh air) and on 29/07/2021 in a van from the hospital to the applicant’s correctional colony for 8 hours (lack of requisite medical assistance), Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post -conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room during his detention in IK-25 Komi Republic since 18/07/2014 41401/20* 09/11/2020 Vladimir Alekseyevich IGNATYEV 1987 IK-8 Khabarovsk Region 20/05/2020 - pending More than 2 year(s) and 3 month(s) and 14 day(s) 1.7 m2 bunk beds, lack of fresh air, overcrowding, lack of or insufficient natural light 41843/20* 12/02/2021 Yuriy Leonidovich PONKRASHKIN 1971 IK-5 Krasnoyarsk Region 25/01/2019 to 08/08/2021 2 year(s) and 6 month(s) and 15 day(s) 96 inmate(s) 2.9 m2 overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators, video surveillance in a lavatory and/or shower room in IK-5 Krasnoyarsk Region from 25/01/2019 50270/20* 05/08/2021 Vitaliy Viktorovich ZOZULYA 1989 IK-24 Krasnoyarsk Region (including SHIZO and solitary cells) 26/11/2016 to 14/07/2022 5 year(s) and 7 month(s) and 19 day(s) 2.66 m2 overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53079/20* 01/08/2020 Sergey Yulyevich KARPOV 1963 IK-8 Komi Republic 22/11/2018 - pending More than 4 year(s) and 2 month(s) and 17 day(s) <2 m2 lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to potable water, mouldy or dirty cell, overcrowding, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 54341/20* 20/11/2020 Sergey Vladimirovich FINAYEV 1978 KP-14 Irkutsk Region 20/11/2020 to 08/11/2022 1 year(s) and 11 month(s) and 20 day(s) 74 inmate(s) 2.35 m2 6 toilet(s) overcrowding, lack or insufficient quantity of food, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, lack of or inadequate hygienic facilities 377/21* 17/03/2021 Yevgeniy Aleksandrovich KUTNOV 1991 IK-24 Krasnoyarsk Region 07/04/2019 - pending More than 3 year(s) and 10 month(s) and 1 day(s) <2 m2 lack of privacy for toilet, poor quality of potable water, overcrowding, no or restricted access to warm water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4785/21* 16/06/2021 Ruslan Vladimirovich KUTASHENKO 1990 IK-8 Komi Republic 17/07/2019 - pending More than 3 year(s) and 6 month(s) and 22 day(s) 120 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-8 Komi Republic since 17/07/2019 (pending), Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage in a courtroom, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Ukhta Town Court of the Komi Republic (administrative hearing), 12/08/2021, at the IK-8 premises by means of video conference 6216/21* 14/12/2020 Roman Vadimovich RIMAREV 1979 IK-8 Komi Republic 29/04/2015 - pending More than 7 year(s) and 9 month(s) and 10 day(s) 150 inmate(s) 1-1.2 m2 4 toilet(s) overcrowding, poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - at IK-8 Komi Republic premises by means of video-link, several hearings between 26/01/2021 and 04/08/2021 (Ukhta Town Court) 7575/21* 19/01/2021 Vitaliy Vladimirovich RADIKOV 1959 IK-8 Komi Republic 09/10/2019 - pending More than 3 year(s) and 4 month(s) and 20 day(s) 100 inmate(s) <2 m2 3 toilet(s) inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of privacy for toilet, lack of toiletries, no or restricted access to potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Syktyvkar, Komi Republic; 18/06/2021 - 21/09/2021; detention in different cells with video surveillance 27412/21* 26/04/2021 Andrey Aleksandrovich KORSAKOV 1973 IK-8 Komi Republic 15/05/2014 - pending More than 8 year(s) and 8 month(s) and 24 day(s) <2 m2 overcrowding, lack of fresh air, poor quality of potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 37896/21 07/07/2021 Aleksandr Igorevich FEDOTOV 1986 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 12/03/2019 - pending More than 3 year(s) and 5 month(s) and 22 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to toilet, lack of privacy for toilet 37901/21* 07/07/2021 Vladislav Vladimirovich KOTOV 1988 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 20/12/2019 - pending More than 2 year(s) and 8 month(s) and 14 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to running water, no or restricted access to shower 43891/21* 06/09/2021 Eduard Vladimirovich CHUDINOV 1969 IK-56 Sverdlovsk Region 05/12/2015 to 03/09/2017 1 year(s) and 8 month(s) and 30 day(s) 4.1 m2 lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, hand cuffs, use of a bucket instead of a toilet, no ventilation, sewage, water supply system, lack of privacy for toilet The applicant complained before the domestic courts about inadequate detention conditions in IK-56 Sverdlovsk Region 26/08/2009 - 03/09/2017.
The courts relied on the Court’s case-law, acknowledged a violation in respect of the entire period and awarded him compensation of RUB 100,000 (approximately EUR 1,150).
The final decision was taken by the Supreme Court of the Russian Federation on 30/07/2021 Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - video link from IK-6 Khabarovsk region, civil proceedings on conditions of detention in IVS before the Nevyansk Town Court of Sverdlovsk Region, hearings held on 10/12/2021 and 17/12/2021, and video link, administrative proceedings against domestic authorities before the Zheleznodorozhnyy District Court of Khabarovsk Region, 27/07/2021 184/22 24/12/2021 Alan Mayranovich SOZAYEV 1987 IK-4 Magadan Region 18/11/2021 - pending More than 1 year(s) and 2 month(s) and 23 day(s) 6 inmate(s) <2 m2 1 toilet(s) overcrowding, lack of or insufficient natural light, lack of privacy for toilet, mouldy or dirty cell, lack of ventilation Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of detention conditions during transport, Art.
3 - inadequate conditions of detention during transport - transport between 29/09/2021 and 16/11/2021 in a van and train; grievances overcrowding (0.25-0.36 sq.
m per person); lack or inadequate furniture; lack of or insufficient electric light; lack of or insufficient natural light; no or restricted access to toilet; lack of or poor quality of bedding and bed linen; applicant transported on numerous occasions; insufficient number of sleeping places; no or restricted access to toilet; lack of fresh air; inadequate temperature; no or restricted access to running water Published on 30 May 2023 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 4 May 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 – 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 Other complaints under well-established case-law 21514/18* 24/04/2018 Vladimir Anatolyevich ZATYNAYKO 1970 Andrey Anatolyevich ZATYNAYKO 1975 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 20/11/2003 - pending More than 19 year(s) and 3 month(s) and 26 day(s) 2-2.4 m2 lack of or insufficient electric light, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, overcrowding, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and permanent video surveillance, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Orenburg Region since 20/11/2003 - opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room - the complaint lodged by the first applicant, Art.
3 - use of metal cages and/or other security arrangements in courtrooms – in the Supreme Court of the Russian Federation, between 04/03/2020 and 09/06/2021, judgment on 09/06/2021, Art.
6 (3) (c) - own choice of legal assistance - complaint about inability to privately communicate with their lawyers (one of the applicants was conversing with his lawyer via video link in the presence of IK staff); passivity of the court-appointed lawyers and lack of adequate legal assistance.
(Sakhnovskiy v. Russia [GC], no.
21272/03, 2 November 2010) 36924/18 25/07/2018 Sergey Albertovich SHTINNIKOV 1972 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 29/08/2002 - pending More than 20 year(s) and 6 month(s) and 1 day(s) 4 inmate(s) 2.4 m2 lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, bunk beds, lack of or insufficient electric light, no or restricted access to shower, overcrowding Art.
3 - inadequate conditions of detention after conviction - handcuffing of the applicant, a lifer, whenever outside the cell since 29/08/2002 - ongoing, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-6 Orenburg Region since 29/08/2002 by opposite-sex operators, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities 38921/18* 02/08/2018 Maksim Alekseyevich TROSHKIN 1983 IK-11 Nizhniy Novgorod Region 21/11/2016 - pending More than 6 year(s) and 2 month(s) and 3 day(s) 133 inmate(s) 1.5 m2 6 toilet(s) poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to potable water, inadequate clothing Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 39006/18* 06/08/2018 Ivan Vasilyevich LOSMANOV 1981 Danil Nikolayevich PANKOV 1979 Andrey Valeryevich BRICHEVSKIY 1980 Ilfat Miratovich SULTANOV 1981 IK-29 Kirov Region (third applicant) 15/01/2014 -pending More than 9 year(s) and 10 day(s) IK-29 Kirov Region (first applicant) 12/03/2014 - pending More than 8 year(s) and 10 month(s) and 13 day(s) IK-29 Kirov Region (second applicant) 08/04/2015 - pending More than 7 year(s) and 9 month(s) and 17 day(s) IK-29 Kirov Region (fourth applicant) 01/02/2016 - pending More than 6 year(s) and 11 month(s) and 24 day(s) < 2 m2 < 2 m2 < 2 m2 < 2 m2 bunk beds, lack of fresh air, inadequate temperature, no or restricted access to warm water, overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower see above see above see above 39480/18* 04/07/2018 Ivan Venidiktovich KAZANTSEV 1979 IK-25 Komi Republic 02/03/2018 to 22/05/2019 1 year(s) and 2 month(s) and 21 day(s) IK-10 Sverdlovsk Region 08/07/2019 - pending More than 3 year(s) and 6 month(s) and 16 day(s) 2 m2 150 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water, insufficient number of toilets Art.
3 - inadequate conditions of detention during transport - transport by train on 31/05/2019-01/06/2019 and 16/06/2019-17/06/2019 (overcrowding, insufficient number of sleeping places, no or restricted access to toilet) 39997/18* 08/08/2018 Aleksey Yuryevich SOROKIN 1988 IK-5 Kirov Region 05/04/2016 to 25/08/2018 2 year(s) and 4 month(s) and 21 day(s) 105 inmate(s) 3 m2 inadequate temperature, poor quality of food, no or restricted access to warm water, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 46653/18* 05/11/2018 Erdeni Galsandorzhiyevich YUNDUNOV 1980 IK-11 Nizhniy Novgorod Region 23/08/2018 - pending More than 4 year(s) and 5 month(s) and 1 day(s) 86 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food Art.
3 - inadequate conditions of detention during transport - train, Saratov - Nizhniy Novgorod, 20 to 21/08/2018, insufficient number of sleeping places, 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 50955/18* 08/10/2018 Aleksandr Sergeyevich MALTSEV 1979 Yevgeniy Valeryevich Kulakov Arkhangelsk IK-1 Arkhangelsk Region 12/10/2016 to 29/12/2018 2 year(s) and 2 month(s) and 18 day(s) 80 inmate(s) 2 m2 4 toilet(s) lack of or inadequate hygienic facilities, inadequate temperature, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53251/18* 01/09/2018 Stanislav Vladimirovich KUZNETSOV 1994 IK-11 Nizhniy Novgorod Region 03/08/2018 to 29/01/2023 4 year(s) and 5 month(s) and 27 day(s) 6 inmate(s) 2 m2 1 toilet(s) poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56243/18* 13/11/2018 Yevgeniy Valeryevich KOVALEV 1990 IK-11 Nizhniy Novgorod Region 26/08/2018 - pending More than 4 year(s) and 4 month(s) and 29 day(s) 130 inmate(s) 1.5 m2 7 toilet(s) poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56434/18* 15/11/2018 Maksim Valeryevich ZAVARUKHIN 1983 IK-24 Komi Republic 15/07/2018 to 18/09/2019 1 year(s) and 2 month(s) and 4 day(s) 200 inmate(s) 2.2 m2 5 toilet(s) lack of fresh air, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food Art.
3 - inadequate conditions of detention during transport - transport by train, from 13 to 15/07/2018; overcrowding, lack of or insufficient electric light, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, no or restricted access to toilet, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of the inadequate conditions of detention during transport 58494/18* 28/11/2018 Sergey Aleksandrovich NIKIFOROV 1973 IK-11 Nizhniy Novgorod Region 22/08/2018 - pending More than 4 year(s) and 5 month(s) and 2 day(s) 260 inmate(s) < 2 m2 9 toilet(s) inadequate temperature, lack of fresh air, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59325/18 27/11/2018 Denis Valeryevich IGNATENKO 1988 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 14/08/2017 - pending More than 5 year(s) and 5 month(s) and 10 day(s) 100 inmate(s) 1.6 m2 6 toilet(s) overcrowding, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, no or restricted access to shower Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59464/18* 03/12/2018 Aleksey Vladimirovich SENKIN 1987 IK-11 Nizhniy Novgorod Region 15/10/2018- pending More than 4 year(s) and 3 month(s) and 9 day(s) 100 inmate(s) <3 m2 6 toilet(s) lack of fresh air, overcrowding, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59846/18* 28/11/2018 Valeriy Askarovich MIRMUKHAMEDOV 1971 LIU-3 Nizhny Novgorod Region (medical facility) 16/01/2016 to 15/09/2018 2 year(s) and 8 month(s) IK-11 Nizhniy Novgorod Region 16/09/2018 - pending More than 4 year(s) and 4 month(s) and 8 day(s) 2 m2 150 inmate(s) 1.7 m2 8 toilet(s) overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, poor quality of potable water, lack of or poor quality of bedding and bed linen overcrowding, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, lack of or insufficient electric light, infestation of cell with insects/rodents, no or restricted access to running water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4458/19* 17/12/2018 Aleksandr Ivanovich FEDORYANICH 1987 IK-11 Nizhniy Novgorod Region 19/11/2018 - pending More than 4 year(s) and 2 month(s) and 5 day(s) 110 inmate(s) 1.6-1.7 m2 6 toilet(s) lack of fresh air, infestation of cell with insects/rodents, 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 5191/19* 09/01/2019 Pavel Vladimirovich MALKOV 1986 IK-11 Nizhniy Novgorod Region 12/11/2018 - pending More than 4 year(s) and 2 month(s) and 12 day(s) 130 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space of the exercise yard, passive smoking, poor quality of food, lack or insufficient quantity of food Art.
3 - inadequate conditions of detention during transport - poor conditions of transport on 21-23/10/2018 and on 04/11/2018, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 6324/19* 14/01/2019 Andrey Andreyevich GREKHOV 1990 IK-10 Altay Region 07/10/2017 - pending More than 5 year(s) and 3 month(s) and 17 day(s) 100 inmate(s) < 2 sq.
m. m2 6 toilet(s) no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to shower, lack of privacy for toilet, overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient electric light, inability to take a shower, lack of or insufficient quantity of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 7156/19* 14/01/2019 Viktor Anatolyevich PETRENKO 1966 IK-11 Nizhniy Novgorod Region 10/12/2018 - pending More than 4 year(s) and 1 month(s) and 14 day(s) 100 inmate(s) 1.8-1.9 m2 6 toilet(s) overcrowding, lack of ventilation, lack of fresh air, poor quality of food, poor quality of potable water, bunk beds, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law to complain about poor conditions of transport and inadequate conditions of detention, Art.
3 - inadequate conditions of detention during transport - transport from 14/10/2018 to 20/10/2018 by train; detention in transit facilities; lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature, lack of fresh air, no or restricted access to warm water, overcrowding, insufficient number of sleeping places 11221/19* 10/04/2019 Roman Borisovich KORNIYENKO 1984 IK-8 Komi Republic 16/11/2018 - pending More than 4 year(s) and 3 month(s) and 26 day(s) 50 inmate(s) < 2 m2 overcrowding, lack of toiletries, no or restricted access to toilet, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air Art.
13 - lack of any effective remedy in domestic in respect of poor conditions of detention and transport, Art.
3 - inadequate conditions of detention during transport - train, 04/11/2018-12/11/2018, 0.2-0.4, overcrowding, insufficient number of sleeping places, passive smoking, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack or insufficient quantity of food, inadequate temperature 11909/19 03/06/2019 Vladimir Viktorovich YEGORIN 1966 IK-49 Komi Republic 06/08/2010 - pending More than 12 year(s) and 28 day(s) 1.5 m2 no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, inadequate temperature Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 20168/19 04/04/2019 Vasiliy Aleksandrovich BOCHEK 1963 OIK 36 IK 5 Krasnoyarsk Region 02/09/2015 - pending More than 7 year(s) and 4 month(s) and 23 day(s) 2.67 m2 overcrowding, narrow passages in the cell, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air Art.
3 - inadequate conditions of detention during transport - 05/06/2019; van; 0.3 sq.
m of personal space; lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light (introduction date - 22/07/2019) 21167/19* 29/03/2019 Aleksandr Nikolayevich FEDYNA 1962 IK-18 Murmansk Region 01/05/2010 - pending More than 12 year(s) and 7 month(s) and 12 day(s) 1.9 m2 poor quality of food, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 25090/19 20/04/2019 Yevgeniy Vladimirovich ZUBTSOV 1987 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 20/07/2015 - pending More than 7 year(s) and 6 month(s) and 5 day(s) 120 inmate(s) <2 m2 7 toilet(s) no or restricted access to shower, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 48290/19* 29/08/2019 Denis Sergeyevich ZUBAREV 1996 Disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region 10/03/2019 to 19/08/2019 5 month(s) and 10 day(s) 4 inmate(s) 2-2.6 m2 overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, lack of privacy for toilet Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance in a lavatory in disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region between 10/03/2019 and 19/08/2019 58645/19 20/05/2020 Shamsuddin Rustamzhonovich NEGMATULLAYEV 1983 IK-5 Krasnoyarsk Region 30/04/2014 - pending More than 8 year(s) and8 month(s) and 26 day(s) 100 inmate(s) 3.5 m2 4 toilet(s) inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food Art.
3 - inadequate conditions of detention during transport - transfer by van from IK-5 to TPP-6 Krasnoyarsk Region and back on 21/02/2020: overcrowding (0.2 sq.
m of personal space), lack of fresh air, seat belts, no access to potable water, each way took 3 hours., Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 9220/20* 28/01/2020 Eduard Alekseyevich GERASIMOV 1978 IK-3 Chuvashia Republic 03/09/2018 - pending More than 4 year(s) and 4 month(s) and 23 day(s) 2.25 m2 lack of or insufficient natural light 9682/20* 29/01/2020 Petr Viktorovich FILIPPOVSKIY 1981 IK-19 Komi Republic 10/01/2020 - pending More than 3 year(s) and 21 day(s) 124 inmate(s) 1.8 m2 3 toilet(s) lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placing in a metal cage during court hearings, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was placed in a metal cage on several occasions during court hearings in the Ukhta Town Court between 28/05/2019 and 03/10/2019 9716/20* 29/01/2020 Tolibzhon Makhmadsaidovich DZHABOROV 1983 IK-25 Komi Republic 09/05/2010 - pending More than 12 year(s) and 9 month(s) and 1 day(s) 82 inmate(s) <2 m2 overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transportation and permanent video surveillance, Art.
3 - inadequate conditions of detention during transport - conditions of the applicant’s transportation in a train on 25-26/06/2021 from the train station to the hospital for 8 hours - specific grievances: overcrowding (0.5 sq.
m. of personal space: compartment measuring 3.6 sq.
m. housing 7 inmates) insufficient number of sleeping places (7 inmates and 6 bunk beds), lack of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or inadequate furniture, lack of fresh air) and on 29/07/2021 in a van from the hospital to the applicant’s correctional colony for 8 hours (lack of requisite medical assistance), Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post -conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room during his detention in IK-25 Komi Republic since 18/07/2014 41401/20* 09/11/2020 Vladimir Alekseyevich IGNATYEV 1987 IK-8 Khabarovsk Region 20/05/2020 - pending More than 2 year(s) and 3 month(s) and 14 day(s) 1.7 m2 bunk beds, lack of fresh air, overcrowding, lack of or insufficient natural light 41843/20* 12/02/2021 Yuriy Leonidovich PONKRASHKIN 1971 IK-5 Krasnoyarsk Region 25/01/2019 to 08/08/2021 2 year(s) and 6 month(s) and 15 day(s) 96 inmate(s) 2.9 m2 overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators, video surveillance in a lavatory and/or shower room in IK-5 Krasnoyarsk Region from 25/01/2019 50270/20* 05/08/2021 Vitaliy Viktorovich ZOZULYA 1989 IK-24 Krasnoyarsk Region (including SHIZO and solitary cells) 26/11/2016 to 14/07/2022 5 year(s) and 7 month(s) and 19 day(s) 2.66 m2 overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53079/20* 01/08/2020 Sergey Yulyevich KARPOV 1963 IK-8 Komi Republic 22/11/2018 - pending More than 4 year(s) and 2 month(s) and 17 day(s) <2 m2 lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to potable water, mouldy or dirty cell, overcrowding, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 54341/20* 20/11/2020 Sergey Vladimirovich FINAYEV 1978 KP-14 Irkutsk Region 20/11/2020 to 08/11/2022 1 year(s) and 11 month(s) and 20 day(s) 74 inmate(s) 2.35 m2 6 toilet(s) overcrowding, lack or insufficient quantity of food, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, lack of or inadequate hygienic facilities 377/21* 17/03/2021 Yevgeniy Aleksandrovich KUTNOV 1991 IK-24 Krasnoyarsk Region 07/04/2019 - pending More than 3 year(s) and 10 month(s) and 1 day(s) <2 m2 lack of privacy for toilet, poor quality of potable water, overcrowding, no or restricted access to warm water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4785/21* 16/06/2021 Ruslan Vladimirovich KUTASHENKO 1990 IK-8 Komi Republic 17/07/2019 - pending More than 3 year(s) and 6 month(s) and 22 day(s) 120 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-8 Komi Republic since 17/07/2019 (pending), Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage in a courtroom, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Ukhta Town Court of the Komi Republic (administrative hearing), 12/08/2021, at the IK-8 premises by means of video conference 6216/21* 14/12/2020 Roman Vadimovich RIMAREV 1979 IK-8 Komi Republic 29/04/2015 - pending More than 7 year(s) and 9 month(s) and 10 day(s) 150 inmate(s) 1-1.2 m2 4 toilet(s) overcrowding, poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - at IK-8 Komi Republic premises by means of video-link, several hearings between 26/01/2021 and 04/08/2021 (Ukhta Town Court) 7575/21* 19/01/2021 Vitaliy Vladimirovich RADIKOV 1959 IK-8 Komi Republic 09/10/2019 - pending More than 3 year(s) and 4 month(s) and 20 day(s) 100 inmate(s) <2 m2 3 toilet(s) inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of privacy for toilet, lack of toiletries, no or restricted access to potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Syktyvkar, Komi Republic; 18/06/2021 - 21/09/2021; detention in different cells with video surveillance 27412/21* 26/04/2021 Andrey Aleksandrovich KORSAKOV 1973 IK-8 Komi Republic 15/05/2014 - pending More than 8 year(s) and 8 month(s) and 24 day(s) <2 m2 overcrowding, lack of fresh air, poor quality of potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 37896/21 07/07/2021 Aleksandr Igorevich FEDOTOV 1986 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 12/03/2019 - pending More than 3 year(s) and 5 month(s) and 22 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to toilet, lack of privacy for toilet 37901/21* 07/07/2021 Vladislav Vladimirovich KOTOV 1988 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 20/12/2019 - pending More than 2 year(s) and 8 month(s) and 14 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to running water, no or restricted access to shower 43891/21* 06/09/2021 Eduard Vladimirovich CHUDINOV 1969 IK-56 Sverdlovsk Region 05/12/2015 to 03/09/2017 1 year(s) and 8 month(s) and 30 day(s) 4.1 m2 lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, hand cuffs, use of a bucket instead of a toilet, no ventilation, sewage, water supply system, lack of privacy for toilet The applicant complained before the domestic courts about inadequate detention conditions in IK-56 Sverdlovsk Region 26/08/2009 - 03/09/2017.
The courts relied on the Court’s case-law, acknowledged a violation in respect of the entire period and awarded him compensation of RUB 100,000 (approximately EUR 1,150).
The final decision was taken by the Supreme Court of the Russian Federation on 30/07/2021 Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - video link from IK-6 Khabarovsk region, civil proceedings on conditions of detention in IVS before the Nevyansk Town Court of Sverdlovsk Region, hearings held on 10/12/2021 and 17/12/2021, and video link, administrative proceedings against domestic authorities before the Zheleznodorozhnyy District Court of Khabarovsk Region, 27/07/2021 184/22 24/12/2021 Alan Mayranovich SOZAYEV 1987 IK-4 Magadan Region 18/11/2021 - pending More than 1 year(s) and 2 month(s) and 23 day(s) 6 inmate(s) <2 m2 1 toilet(s) overcrowding, lack of or insufficient natural light, lack of privacy for toilet, mouldy or dirty cell, lack of ventilation Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of detention conditions during transport, Art.
3 - inadequate conditions of detention during transport - transport between 29/09/2021 and 16/11/2021 in a van and train; grievances overcrowding (0.25-0.36 sq.
m per person); lack or inadequate furniture; lack of or insufficient electric light; lack of or insufficient natural light; no or restricted access to toilet; lack of or poor quality of bedding and bed linen; applicant transported on numerous occasions; insufficient number of sleeping places; no or restricted access to toilet; lack of fresh air; inadequate temperature; no or restricted access to running water 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 Other complaints under well-established case-law 21514/18* 24/04/2018 Vladimir Anatolyevich ZATYNAYKO 1970 Andrey Anatolyevich ZATYNAYKO 1975 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 20/11/2003 - pending More than 19 year(s) and 3 month(s) and 26 day(s) 2-2.4 m2 lack of or insufficient electric light, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water, lack of fresh air, overcrowding, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and permanent video surveillance, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Orenburg Region since 20/11/2003 - opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room - the complaint lodged by the first applicant, Art.
3 - use of metal cages and/or other security arrangements in courtrooms – in the Supreme Court of the Russian Federation, between 04/03/2020 and 09/06/2021, judgment on 09/06/2021, Art.
6 (3) (c) - own choice of legal assistance - complaint about inability to privately communicate with their lawyers (one of the applicants was conversing with his lawyer via video link in the presence of IK staff); passivity of the court-appointed lawyers and lack of adequate legal assistance.
(Sakhnovskiy v. Russia [GC], no.
21272/03, 2 November 2010) 36924/18 25/07/2018 Sergey Albertovich SHTINNIKOV 1972 Oksana Vladimirovna Preobrazhenskaya Strasbourg IK-6 Orenburg Region 29/08/2002 - pending More than 20 year(s) and 6 month(s) and 1 day(s) 4 inmate(s) 2.4 m2 lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, bunk beds, lack of or insufficient electric light, no or restricted access to shower, overcrowding Art.
3 - inadequate conditions of detention after conviction - handcuffing of the applicant, a lifer, whenever outside the cell since 29/08/2002 - ongoing, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-6 Orenburg Region since 29/08/2002 by opposite-sex operators, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities 38921/18* 02/08/2018 Maksim Alekseyevich TROSHKIN 1983 IK-11 Nizhniy Novgorod Region 21/11/2016 - pending More than 6 year(s) and 2 month(s) and 3 day(s) 133 inmate(s) 1.5 m2 6 toilet(s) poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to potable water, inadequate clothing Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 39006/18* 06/08/2018 Ivan Vasilyevich LOSMANOV 1981 Danil Nikolayevich PANKOV 1979 Andrey Valeryevich BRICHEVSKIY 1980 Ilfat Miratovich SULTANOV 1981 IK-29 Kirov Region (third applicant) 15/01/2014 -pending More than 9 year(s) and 10 day(s) IK-29 Kirov Region (first applicant) 12/03/2014 - pending More than 8 year(s) and 10 month(s) and 13 day(s) IK-29 Kirov Region (second applicant) 08/04/2015 - pending More than 7 year(s) and 9 month(s) and 17 day(s) IK-29 Kirov Region (fourth applicant) 01/02/2016 - pending More than 6 year(s) and 11 month(s) and 24 day(s) < 2 m2 < 2 m2 < 2 m2 < 2 m2 bunk beds, lack of fresh air, inadequate temperature, no or restricted access to warm water, overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower see above see above see above 39480/18* 04/07/2018 Ivan Venidiktovich KAZANTSEV 1979 IK-25 Komi Republic 02/03/2018 to 22/05/2019 1 year(s) and 2 month(s) and 21 day(s) IK-10 Sverdlovsk Region 08/07/2019 - pending More than 3 year(s) and 6 month(s) and 16 day(s) 2 m2 150 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to running water, insufficient number of toilets Art.
3 - inadequate conditions of detention during transport - transport by train on 31/05/2019-01/06/2019 and 16/06/2019-17/06/2019 (overcrowding, insufficient number of sleeping places, no or restricted access to toilet) 39997/18* 08/08/2018 Aleksey Yuryevich SOROKIN 1988 IK-5 Kirov Region 05/04/2016 to 25/08/2018 2 year(s) and 4 month(s) and 21 day(s) 105 inmate(s) 3 m2 inadequate temperature, poor quality of food, no or restricted access to warm water, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 46653/18* 05/11/2018 Erdeni Galsandorzhiyevich YUNDUNOV 1980 IK-11 Nizhniy Novgorod Region 23/08/2018 - pending More than 4 year(s) and 5 month(s) and 1 day(s) 86 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food Art.
3 - inadequate conditions of detention during transport - train, Saratov - Nizhniy Novgorod, 20 to 21/08/2018, insufficient number of sleeping places, 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 50955/18* 08/10/2018 Aleksandr Sergeyevich MALTSEV 1979 Yevgeniy Valeryevich Kulakov Arkhangelsk IK-1 Arkhangelsk Region 12/10/2016 to 29/12/2018 2 year(s) and 2 month(s) and 18 day(s) 80 inmate(s) 2 m2 4 toilet(s) lack of or inadequate hygienic facilities, inadequate temperature, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53251/18* 01/09/2018 Stanislav Vladimirovich KUZNETSOV 1994 IK-11 Nizhniy Novgorod Region 03/08/2018 to 29/01/2023 4 year(s) and 5 month(s) and 27 day(s) 6 inmate(s) 2 m2 1 toilet(s) poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56243/18* 13/11/2018 Yevgeniy Valeryevich KOVALEV 1990 IK-11 Nizhniy Novgorod Region 26/08/2018 - pending More than 4 year(s) and 4 month(s) and 29 day(s) 130 inmate(s) 1.5 m2 7 toilet(s) poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, overcrowding Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 56434/18* 15/11/2018 Maksim Valeryevich ZAVARUKHIN 1983 IK-24 Komi Republic 15/07/2018 to 18/09/2019 1 year(s) and 2 month(s) and 4 day(s) 200 inmate(s) 2.2 m2 5 toilet(s) lack of fresh air, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food Art.
3 - inadequate conditions of detention during transport - transport by train, from 13 to 15/07/2018; overcrowding, lack of or insufficient electric light, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, no or restricted access to toilet, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of the inadequate conditions of detention during transport 58494/18* 28/11/2018 Sergey Aleksandrovich NIKIFOROV 1973 IK-11 Nizhniy Novgorod Region 22/08/2018 - pending More than 4 year(s) and 5 month(s) and 2 day(s) 260 inmate(s) < 2 m2 9 toilet(s) inadequate temperature, lack of fresh air, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59325/18 27/11/2018 Denis Valeryevich IGNATENKO 1988 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 14/08/2017 - pending More than 5 year(s) and 5 month(s) and 10 day(s) 100 inmate(s) 1.6 m2 6 toilet(s) overcrowding, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, no or restricted access to shower Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59464/18* 03/12/2018 Aleksey Vladimirovich SENKIN 1987 IK-11 Nizhniy Novgorod Region 15/10/2018- pending More than 4 year(s) and 3 month(s) and 9 day(s) 100 inmate(s) <3 m2 6 toilet(s) lack of fresh air, overcrowding, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 59846/18* 28/11/2018 Valeriy Askarovich MIRMUKHAMEDOV 1971 LIU-3 Nizhny Novgorod Region (medical facility) 16/01/2016 to 15/09/2018 2 year(s) and 8 month(s) IK-11 Nizhniy Novgorod Region 16/09/2018 - pending More than 4 year(s) and 4 month(s) and 8 day(s) 2 m2 150 inmate(s) 1.7 m2 8 toilet(s) overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, poor quality of potable water, lack of or poor quality of bedding and bed linen overcrowding, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, poor quality of food, mouldy or dirty cell, lack of or insufficient electric light, infestation of cell with insects/rodents, no or restricted access to running water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4458/19* 17/12/2018 Aleksandr Ivanovich FEDORYANICH 1987 IK-11 Nizhniy Novgorod Region 19/11/2018 - pending More than 4 year(s) and 2 month(s) and 5 day(s) 110 inmate(s) 1.6-1.7 m2 6 toilet(s) lack of fresh air, infestation of cell with insects/rodents, 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 5191/19* 09/01/2019 Pavel Vladimirovich MALKOV 1986 IK-11 Nizhniy Novgorod Region 12/11/2018 - pending More than 4 year(s) and 2 month(s) and 12 day(s) 130 inmate(s) 1.5 m2 6 toilet(s) overcrowding, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space of the exercise yard, passive smoking, poor quality of food, lack or insufficient quantity of food Art.
3 - inadequate conditions of detention during transport - poor conditions of transport on 21-23/10/2018 and on 04/11/2018, Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 6324/19* 14/01/2019 Andrey Andreyevich GREKHOV 1990 IK-10 Altay Region 07/10/2017 - pending More than 5 year(s) and 3 month(s) and 17 day(s) 100 inmate(s) < 2 sq.
m. m2 6 toilet(s) no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, no or restricted access to shower, lack of privacy for toilet, overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient electric light, inability to take a shower, lack of or insufficient quantity of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 7156/19* 14/01/2019 Viktor Anatolyevich PETRENKO 1966 IK-11 Nizhniy Novgorod Region 10/12/2018 - pending More than 4 year(s) and 1 month(s) and 14 day(s) 100 inmate(s) 1.8-1.9 m2 6 toilet(s) overcrowding, lack of ventilation, lack of fresh air, poor quality of food, poor quality of potable water, bunk beds, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law to complain about poor conditions of transport and inadequate conditions of detention, Art.
3 - inadequate conditions of detention during transport - transport from 14/10/2018 to 20/10/2018 by train; detention in transit facilities; lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature, lack of fresh air, no or restricted access to warm water, overcrowding, insufficient number of sleeping places 11221/19* 10/04/2019 Roman Borisovich KORNIYENKO 1984 IK-8 Komi Republic 16/11/2018 - pending More than 4 year(s) and 3 month(s) and 26 day(s) 50 inmate(s) < 2 m2 overcrowding, lack of toiletries, no or restricted access to toilet, lack or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air Art.
13 - lack of any effective remedy in domestic in respect of poor conditions of detention and transport, Art.
3 - inadequate conditions of detention during transport - train, 04/11/2018-12/11/2018, 0.2-0.4, overcrowding, insufficient number of sleeping places, passive smoking, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack or insufficient quantity of food, inadequate temperature 11909/19 03/06/2019 Vladimir Viktorovich YEGORIN 1966 IK-49 Komi Republic 06/08/2010 - pending More than 12 year(s) and 28 day(s) 1.5 m2 no or restricted access to warm water, no or restricted access to running water, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, inadequate temperature Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 20168/19 04/04/2019 Vasiliy Aleksandrovich BOCHEK 1963 OIK 36 IK 5 Krasnoyarsk Region 02/09/2015 - pending More than 7 year(s) and 4 month(s) and 23 day(s) 2.67 m2 overcrowding, narrow passages in the cell, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air Art.
3 - inadequate conditions of detention during transport - 05/06/2019; van; 0.3 sq.
m of personal space; lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light (introduction date - 22/07/2019) 21167/19* 29/03/2019 Aleksandr Nikolayevich FEDYNA 1962 IK-18 Murmansk Region 01/05/2010 - pending More than 12 year(s) and 7 month(s) and 12 day(s) 1.9 m2 poor quality of food, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, passive smoking Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 25090/19 20/04/2019 Yevgeniy Vladimirovich ZUBTSOV 1987 Roman Nikolayevich Petrov Cheboksary IK-11 Nizhniy Novgorod Region 20/07/2015 - pending More than 7 year(s) and 6 month(s) and 5 day(s) 120 inmate(s) <2 m2 7 toilet(s) no or restricted access to shower, no or restricted access to toilet, overcrowding, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 48290/19* 29/08/2019 Denis Sergeyevich ZUBAREV 1996 Disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region 10/03/2019 to 19/08/2019 5 month(s) and 10 day(s) 4 inmate(s) 2-2.6 m2 overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, lack of privacy for toilet Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance in a lavatory in disciplinary cell (SHIZO) at IK-9 Nizhniy Novgorod Region between 10/03/2019 and 19/08/2019 58645/19 20/05/2020 Shamsuddin Rustamzhonovich NEGMATULLAYEV 1983 IK-5 Krasnoyarsk Region 30/04/2014 - pending More than 8 year(s) and8 month(s) and 26 day(s) 100 inmate(s) 3.5 m2 4 toilet(s) inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food Art.
3 - inadequate conditions of detention during transport - transfer by van from IK-5 to TPP-6 Krasnoyarsk Region and back on 21/02/2020: overcrowding (0.2 sq.
m of personal space), lack of fresh air, seat belts, no access to potable water, each way took 3 hours., Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 9220/20* 28/01/2020 Eduard Alekseyevich GERASIMOV 1978 IK-3 Chuvashia Republic 03/09/2018 - pending More than 4 year(s) and 4 month(s) and 23 day(s) 2.25 m2 lack of or insufficient natural light 9682/20* 29/01/2020 Petr Viktorovich FILIPPOVSKIY 1981 IK-19 Komi Republic 10/01/2020 - pending More than 3 year(s) and 21 day(s) 124 inmate(s) 1.8 m2 3 toilet(s) lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placing in a metal cage during court hearings, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - The applicant was placed in a metal cage on several occasions during court hearings in the Ukhta Town Court between 28/05/2019 and 03/10/2019 9716/20* 29/01/2020 Tolibzhon Makhmadsaidovich DZHABOROV 1983 IK-25 Komi Republic 09/05/2010 - pending More than 12 year(s) and 9 month(s) and 1 day(s) 82 inmate(s) <2 m2 overcrowding, inadequate temperature, lack of or inadequate hygienic facilities, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of poor conditions of transportation and permanent video surveillance, Art.
3 - inadequate conditions of detention during transport - conditions of the applicant’s transportation in a train on 25-26/06/2021 from the train station to the hospital for 8 hours - specific grievances: overcrowding (0.5 sq.
m. of personal space: compartment measuring 3.6 sq.
m. housing 7 inmates) insufficient number of sleeping places (7 inmates and 6 bunk beds), lack of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or inadequate furniture, lack of fresh air) and on 29/07/2021 in a van from the hospital to the applicant’s correctional colony for 8 hours (lack of requisite medical assistance), Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post -conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room during his detention in IK-25 Komi Republic since 18/07/2014 41401/20* 09/11/2020 Vladimir Alekseyevich IGNATYEV 1987 IK-8 Khabarovsk Region 20/05/2020 - pending More than 2 year(s) and 3 month(s) and 14 day(s) 1.7 m2 bunk beds, lack of fresh air, overcrowding, lack of or insufficient natural light 41843/20* 12/02/2021 Yuriy Leonidovich PONKRASHKIN 1971 IK-5 Krasnoyarsk Region 25/01/2019 to 08/08/2021 2 year(s) and 6 month(s) and 15 day(s) 96 inmate(s) 2.9 m2 overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of permanent video surveillance in detention facilities, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators, video surveillance in a lavatory and/or shower room in IK-5 Krasnoyarsk Region from 25/01/2019 50270/20* 05/08/2021 Vitaliy Viktorovich ZOZULYA 1989 IK-24 Krasnoyarsk Region (including SHIZO and solitary cells) 26/11/2016 to 14/07/2022 5 year(s) and 7 month(s) and 19 day(s) 2.66 m2 overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to warm water, lack of privacy for toilet Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 53079/20* 01/08/2020 Sergey Yulyevich KARPOV 1963 IK-8 Komi Republic 22/11/2018 - pending More than 4 year(s) and 2 month(s) and 17 day(s) <2 m2 lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to potable water, mouldy or dirty cell, overcrowding, poor quality of food Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 54341/20* 20/11/2020 Sergey Vladimirovich FINAYEV 1978 KP-14 Irkutsk Region 20/11/2020 to 08/11/2022 1 year(s) and 11 month(s) and 20 day(s) 74 inmate(s) 2.35 m2 6 toilet(s) overcrowding, lack or insufficient quantity of food, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, lack of or inadequate hygienic facilities 377/21* 17/03/2021 Yevgeniy Aleksandrovich KUTNOV 1991 IK-24 Krasnoyarsk Region 07/04/2019 - pending More than 3 year(s) and 10 month(s) and 1 day(s) <2 m2 lack of privacy for toilet, poor quality of potable water, overcrowding, no or restricted access to warm water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 4785/21* 16/06/2021 Ruslan Vladimirovich KUTASHENKO 1990 IK-8 Komi Republic 17/07/2019 - pending More than 3 year(s) and 6 month(s) and 22 day(s) 120 inmate(s) 2 m2 4 toilet(s) overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, passive smoking, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of or insufficient physical exercise in fresh air Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-8 Komi Republic since 17/07/2019 (pending), Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage in a courtroom, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Ukhta Town Court of the Komi Republic (administrative hearing), 12/08/2021, at the IK-8 premises by means of video conference 6216/21* 14/12/2020 Roman Vadimovich RIMAREV 1979 IK-8 Komi Republic 29/04/2015 - pending More than 7 year(s) and 9 month(s) and 10 day(s) 150 inmate(s) 1-1.2 m2 4 toilet(s) overcrowding, poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - at IK-8 Komi Republic premises by means of video-link, several hearings between 26/01/2021 and 04/08/2021 (Ukhta Town Court) 7575/21* 19/01/2021 Vitaliy Vladimirovich RADIKOV 1959 IK-8 Komi Republic 09/10/2019 - pending More than 3 year(s) and 4 month(s) and 20 day(s) 100 inmate(s) <2 m2 3 toilet(s) inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, deterioration in conditions of detention (cumulative effect of lack of physical exercise, breaches of the hygiene regulations, lack of contact with the outside world and uncertainty), lack of privacy for toilet, lack of toiletries, no or restricted access to potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, Art.
8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Syktyvkar, Komi Republic; 18/06/2021 - 21/09/2021; detention in different cells with video surveillance 27412/21* 26/04/2021 Andrey Aleksandrovich KORSAKOV 1973 IK-8 Komi Republic 15/05/2014 - pending More than 8 year(s) and 8 month(s) and 24 day(s) <2 m2 overcrowding, lack of fresh air, poor quality of potable water Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention 37896/21 07/07/2021 Aleksandr Igorevich FEDOTOV 1986 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 12/03/2019 - pending More than 3 year(s) and 5 month(s) and 22 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to toilet, lack of privacy for toilet 37901/21* 07/07/2021 Vladislav Vladimirovich KOTOV 1988 Natalya Vasilyevna Alekseyeva Krasnoyarsk KP-3 Orlov Region 20/12/2019 - pending More than 2 year(s) and 8 month(s) and 14 day(s) 60 inmate(s) 2.1 m2 overcrowding, no or restricted access to running water, no or restricted access to shower 43891/21* 06/09/2021 Eduard Vladimirovich CHUDINOV 1969 IK-56 Sverdlovsk Region 05/12/2015 to 03/09/2017 1 year(s) and 8 month(s) and 30 day(s) 4.1 m2 lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, hand cuffs, use of a bucket instead of a toilet, no ventilation, sewage, water supply system, lack of privacy for toilet The applicant complained before the domestic courts about inadequate detention conditions in IK-56 Sverdlovsk Region 26/08/2009 - 03/09/2017.
The courts relied on the Court’s case-law, acknowledged a violation in respect of the entire period and awarded him compensation of RUB 100,000 (approximately EUR 1,150).
The final decision was taken by the Supreme Court of the Russian Federation on 30/07/2021 Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of placement in a metal cage, Art.
3 - use of metal cages and/or other security arrangements in courtrooms - video link from IK-6 Khabarovsk region, civil proceedings on conditions of detention in IVS before the Nevyansk Town Court of Sverdlovsk Region, hearings held on 10/12/2021 and 17/12/2021, and video link, administrative proceedings against domestic authorities before the Zheleznodorozhnyy District Court of Khabarovsk Region, 27/07/2021 184/22 24/12/2021 Alan Mayranovich SOZAYEV 1987 IK-4 Magadan Region 18/11/2021 - pending More than 1 year(s) and 2 month(s) and 23 day(s) 6 inmate(s) <2 m2 1 toilet(s) overcrowding, lack of or insufficient natural light, lack of privacy for toilet, mouldy or dirty cell, lack of ventilation Art.
13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of detention conditions during transport, Art.
3 - inadequate conditions of detention during transport - transport between 29/09/2021 and 16/11/2021 in a van and train; grievances overcrowding (0.25-0.36 sq.
m per person); lack or inadequate furniture; lack of or insufficient electric light; lack of or insufficient natural light; no or restricted access to toilet; lack of or poor quality of bedding and bed linen; applicant transported on numerous occasions; insufficient number of sleeping places; no or restricted access to toilet; lack of fresh air; inadequate temperature; no or restricted access to running water
Judgment
THIRD SECTIONCASE OF ZATYNAYKO AND OTHERS v. RUSSIA
(Applications nos. 21514/18 and 42 others –
see appended list)
JUDGMENT(Revision)
STRASBOURG
6 March 2025
This judgment is final but it may be subject to editorial revision. In the case of Zatynayko and Others v. Russia (request for revision of the judgment of 14 December 2023),
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Diana Kovatcheva, President, Úna Ní Raifeartaigh, Mateja Đurović, judges,and Viktoriya Maradudina, Deputy Section Registrar,
Having deliberated in private on 13 February 2025,
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 various dates, including application no. 25090/19 lodged by Mr Yevgeniy Vladimorovich Zubtzov on 29 August 2019. 2. In a judgment delivered on 14 December 2023, the Court held, inter alia, that there had been a violation of Article 3 of the Convention on account of the inadequate conditions of detention after conviction and a violation of Article 13 of the Convention on account of the lack of an effective remedy in respect of inadequate conditions of detention in respect of several applications, including application no. 25090/19 lodged by Mr Zubtsov. The Court also decided to award Mr Zubtsov 12,500 euros (EUR) in respect of non-pecuniary damage. 3. On 4 June 2024 the applicant’s representative Mr Petrov informed the Court that he had learned that Mr Zubtsov had died on 7 July 2023 and that Ms Tatyana Nikolayevna Yakhontova, the applicant’s mother and heir, had expressed a wish to pursue the application. He accordingly requested the revision of the judgment within the meaning of Rule 80 of the Rules of Court. The request was accompanied by the birth and death certificates, a certificate of succession and an authority form appointing Mr Petrov as the representative of Ms Yakhontova. 4. On 5 December 2024 the Court considered the request for revision and decided to dispense with inviting the Government to submit observations, regard being had to the Government’s abstention from participation in the proceedings before it. THE LAW
5. The Court reiterates 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). It further reiterates that the respondent Government are not released from the duty to cooperate with the Court. Nor is the Court prevented from continuing with the examination of applications where it retains jurisdiction (see Ukraine and the Netherlands v. Russia ((dec.) [GC], nos. 8019/16 and 2 others, §§ 435-39, 30 November 2022, and Svetova and Others v. Russia, no. 54714/17, §§ 29-31, 24 January 2023). The Court may draw such inferences as it deems appropriate from a party’s failure or refusal to participate effectively in the proceedings (Rule 44C of the Rules of Court). 6. The applicant’s representative requested revision of the judgment of 14 December 2023, which he had been unable to have executed because Mr Zubtsov had died before the judgment had been adopted. His mother Ms Yakhonotova, who was also his heir, should therefore receive the sum awarded to the deceased. 7. Regard being had to circumstances of the present case and the relevant case-law on the issue (see Cangöz and Others v. Turkey (revision), no. 7469/06, § 9, 19 September 2017; M. Özel and Others v. Turkey (revision), nos. 14350/05 and 2 others, § 8, 31 March 2020; and Volchkova and Mironov v. Russia (revision), nos. 45668/05 and 2292/06, 9 March 2021), the Court considers that Ms Yakhontova has standing to receive the sum awarded in the judgment in her son’s stead. 8. The Court considers that the judgment of 14 December 2023 should be revised pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:
“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment. ...”
9. The Court accordingly decides to award Ms Yakhontova the amount it previously awarded to Mr Zubtsov, namely EUR 12,500 for non-pecuniary damage. 10. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay Ms Tatyana Yakhontova, Mr Yevgeniy Zubstov’s heir, within three months, EUR 12,500 (twelve thousand and five hundred euros) in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 6 March 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Diana Kovatcheva Deputy Section Registrar President
APPENDIX
No. Application no. Case name
1. 21514/18
Zatynayko and Others v. Russia
2. 36924/18
Shtinnikov v. Russia
3. 38921/18
Troshkin v. Russia
4. 39006/18
Losmanov and Others v. Russia
5. 39480/18
Kazantsev v. Russia
6. 39997/18
Sorokin v. Russia
7. 46653/18
Yundunov v. Russia
8. 50955/18
Maltsev v. Russia
9. 53251/18
Kuznetsov v. Russia
10. 56243/18
Kovalev v. Russia
11. 56434/18
Zavarukhin v. Russia
12. 58494/18
Nikiforov v. Russia
13. 59325/18
Ignatenko v. Russia
14. 59464/18
Senkin v. Russia
15. 59846/18
Mirmukhamedov v. Russia
16. 4458/19
Fedoryanich v. Russia
17. 5191/19
Malkov v. Russia
18. 6324/19
Grekhov v. Russia
19. 7156/19
Petrenko v. Russia
20. 11221/19
Korniyenko v. Russia
21. 11909/19
Yegorin v. Russia
22. 20168/19
Bochek v. Russia
23. 21167/19
Fedyna v. Russia
24. 25090/19
Zubtsov v. Russia
25. 48290/19
Zubarev v. Russia
26. 58645/19
Negmatullayev v. Russia
27. 9220/20
Gerasimov v. Russia
28. 9682/20
Filippovskiy v. Russia
29. 9716/20
Dzhaborov v. Russia
30. 41401/20
Ignatyev v. Russia
31. 41843/20
Ponkrashkin v. Russia
32. 50270/20
Zozulya v. Russia
33. 53079/20
Karpov v. Russia
34. 54341/20
Finayev v. Russia
35. 377/21
Kutnov v. Russia
36. 4785/21
Kutashenko v. Russia
37. 6216/21
Rimarev v. Russia
38. 7575/21
Radikov v. Russia
39. 27412/21
Korsakov v. Russia
40. 37896/21
Fedotov v. Russia
41. 37901/21
Kotov v. Russia
42. 43891/21
Chudinov v. Russia
43. 184/22
Sozayev v. Russia
THIRD SECTION
CASE OF ZATYNAYKO AND OTHERS v. RUSSIA
(Applications nos. 21514/18 and 42 others –
see appended list)
JUDGMENT(Revision)
STRASBOURG
6 March 2025
This judgment is final but it may be subject to editorial revision. In the case of Zatynayko and Others v. Russia (request for revision of the judgment of 14 December 2023),
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Diana Kovatcheva, President, Úna Ní Raifeartaigh, Mateja Đurović, judges,and Viktoriya Maradudina, Deputy Section Registrar,
Having deliberated in private on 13 February 2025,
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 various dates, including application no. 25090/19 lodged by Mr Yevgeniy Vladimorovich Zubtzov on 29 August 2019. 2. In a judgment delivered on 14 December 2023, the Court held, inter alia, that there had been a violation of Article 3 of the Convention on account of the inadequate conditions of detention after conviction and a violation of Article 13 of the Convention on account of the lack of an effective remedy in respect of inadequate conditions of detention in respect of several applications, including application no. 25090/19 lodged by Mr Zubtsov. The Court also decided to award Mr Zubtsov 12,500 euros (EUR) in respect of non-pecuniary damage. 3. On 4 June 2024 the applicant’s representative Mr Petrov informed the Court that he had learned that Mr Zubtsov had died on 7 July 2023 and that Ms Tatyana Nikolayevna Yakhontova, the applicant’s mother and heir, had expressed a wish to pursue the application. He accordingly requested the revision of the judgment within the meaning of Rule 80 of the Rules of Court. The request was accompanied by the birth and death certificates, a certificate of succession and an authority form appointing Mr Petrov as the representative of Ms Yakhontova. 4. On 5 December 2024 the Court considered the request for revision and decided to dispense with inviting the Government to submit observations, regard being had to the Government’s abstention from participation in the proceedings before it. THE LAW
5. The Court reiterates 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). It further reiterates that the respondent Government are not released from the duty to cooperate with the Court. Nor is the Court prevented from continuing with the examination of applications where it retains jurisdiction (see Ukraine and the Netherlands v. Russia ((dec.) [GC], nos. 8019/16 and 2 others, §§ 435-39, 30 November 2022, and Svetova and Others v. Russia, no. 54714/17, §§ 29-31, 24 January 2023). The Court may draw such inferences as it deems appropriate from a party’s failure or refusal to participate effectively in the proceedings (Rule 44C of the Rules of Court). 6. The applicant’s representative requested revision of the judgment of 14 December 2023, which he had been unable to have executed because Mr Zubtsov had died before the judgment had been adopted. His mother Ms Yakhonotova, who was also his heir, should therefore receive the sum awarded to the deceased. 7. Regard being had to circumstances of the present case and the relevant case-law on the issue (see Cangöz and Others v. Turkey (revision), no. 7469/06, § 9, 19 September 2017; M. Özel and Others v. Turkey (revision), nos. 14350/05 and 2 others, § 8, 31 March 2020; and Volchkova and Mironov v. Russia (revision), nos. 45668/05 and 2292/06, 9 March 2021), the Court considers that Ms Yakhontova has standing to receive the sum awarded in the judgment in her son’s stead. 8. The Court considers that the judgment of 14 December 2023 should be revised pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:
“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment. ...”
9. The Court accordingly decides to award Ms Yakhontova the amount it previously awarded to Mr Zubtsov, namely EUR 12,500 for non-pecuniary damage. 10. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay Ms Tatyana Yakhontova, Mr Yevgeniy Zubstov’s heir, within three months, EUR 12,500 (twelve thousand and five hundred euros) in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 6 March 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Diana Kovatcheva Deputy Section Registrar President
APPENDIX
No. Application no. Case name
1. 21514/18
Zatynayko and Others v. Russia
2. 36924/18
Shtinnikov v. Russia
3. 38921/18
Troshkin v. Russia
4. 39006/18
Losmanov and Others v. Russia
5. 39480/18
Kazantsev v. Russia
6. 39997/18
Sorokin v. Russia
7. 46653/18
Yundunov v. Russia
8. 50955/18
Maltsev v. Russia
9. 53251/18
Kuznetsov v. Russia
10. 56243/18
Kovalev v. Russia
11. 56434/18
Zavarukhin v. Russia
12. 58494/18
Nikiforov v. Russia
13. 59325/18
Ignatenko v. Russia
14. 59464/18
Senkin v. Russia
15. 59846/18
Mirmukhamedov v. Russia
16. 4458/19
Fedoryanich v. Russia
17. 5191/19
Malkov v. Russia
18. 6324/19
Grekhov v. Russia
19. 7156/19
Petrenko v. Russia
20. 11221/19
Korniyenko v. Russia
21. 11909/19
Yegorin v. Russia
22. 20168/19
Bochek v. Russia
23. 21167/19
Fedyna v. Russia
24. 25090/19
Zubtsov v. Russia
25. 48290/19
Zubarev v. Russia
26. 58645/19
Negmatullayev v. Russia
27. 9220/20
Gerasimov v. Russia
28. 9682/20
Filippovskiy v. Russia
29. 9716/20
Dzhaborov v. Russia
30. 41401/20
Ignatyev v. Russia
31. 41843/20
Ponkrashkin v. Russia
32. 50270/20
Zozulya v. Russia
33. 53079/20
Karpov v. Russia
34. 54341/20
Finayev v. Russia
35. 377/21
Kutnov v. Russia
36. 4785/21
Kutashenko v. Russia
37. 6216/21
Rimarev v. Russia
38. 7575/21
Radikov v. Russia
39. 27412/21
Korsakov v. Russia
40. 37896/21
Fedotov v. Russia
41. 37901/21
Kotov v. Russia
42. 43891/21
Chudinov v. Russia
43. 184/22
Sozayev v. Russia
