I correctly predicted that there was a violation of human rights in URAZALIN v. RUSSIA and 30 other applications.
Information
- Judgment date: 2025-01-16
- Communication date: 2023-05-04
- Application number(s): 30580/21;30856/21;30857/21;37223/21;37340/21;37364/21;37642/21;37902/21;39075/21;39208/21;42046/21;42211/21;42315/21;50358/21;50565/21;53110/21;54537/21;54982/21;55397/21;56223/21;56224/21;508/22;1721/22;1828/22;1829/22;2244/22;2932/22;3986/22;5083/22;5709/22;8073/22
- Country: RUS
- Relevant ECHR article(s): 8, 8-1, 13
- Conclusion:
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)
Violation of Article 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8-1 - Respect for private life
Article 8 - Right to respect for private and family life)
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment
Inhuman treatment) (Substantive aspect)
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)
Violation of Article 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8-1 - Respect for family life
Article 8 - Right to respect for private and family life)
Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment
Inhuman treatment
Prohibition of torture)
Violation of Article 3 of Protocol No. 1 - Right to free elections - {general} (Article 3 of Protocol No. 1 - Vote)
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.924706
- Prediction: Violation
Consistent
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 8 § 1 of the Convention relating to permanent video surveillance of detainees in pre-trial or post-conviction detention facilities which are the subject of well‐established case law of the Court (see Gorlov and Others v. Russia, nos.
27057/06 and 2 others, 2 July 2019).
APPENDIX – List of applications raising complaints under Article 8 § 1 of the Convention(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities) No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Detention facility Period of detention Specific circumstances Other complaints under well-established case-law 30580/21 17/05/2021 Ikhtiyar Maratovich URAZALIN 1971 Aleksandr Vladimirovich Kukharev Moscow SIZO-2 Nizhniy Novgorod Region 28/05/2020- 17/11/2020 opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
30856/21 26/05/2021 Magomed-Rashid Mukharbekovich GAZIKOV 1978 IK-31 Komi Republic 05/02/2020-25/02/2021 opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 30857/21 28/05/2021 Oleg Aleksandrovich PODUSHKA 1991 IK-25 Komi Republic 26/12/2016 - ongoing on the date when the application was lodged video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37223/21 09/07/2021 Denis Vasilyevich MOLCHANOV 1988 IK-25 Komi Republic, squad 9 February 2020 -ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37340/21* 07/07/2021 Aleksey Yevgenyevich LOSHMANOV 1981 IK-29 Kirov Region 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37364/21* 07/07/2021 Oleg Aleksandrovich FEOKTISTOV 1983 SIZO-1 Smolensk Region 18/11/2018 - 15/02/2021 opposite-sex operators, detention in different cells with video surveillance 37642/21 30/06/2021 Aleksey Veniaminovich RASTVOROV 1982 IK-25 Komi Republic multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37902/21* 22/07/2021 Igor Sergeyevich BUSHUYEV 1985 Aleksey Konstantinovich Yevsyunin Moscow SIZO-4 Moscow 10/10/2018 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Art.
5 (3) - excessive length of pre-trial detention - during the period: 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint failure to conduct the proceedings diligently leading to excessive length of detention on remand 39075/21* 27/08/2021 Yuliy Alekseyevich NESTEROV 1996 SIZO-1 St Petersburg 23/07/2020 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of placement in a metal cage in the courtroom Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021 39208/21* 12/07/2021 Aleksandr Nikolayevich CHURAKOV 1974 SIZO-1 St Petersburg 21/07/2018 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021 Art.
8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, in respect of placement in a metal cage during the hearings and refusals to have long-term family visits Art.
3 - inadequate conditions of detention during transport - between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours 42046/21* 27/09/2021 Viktor Aleksandrovich MYSIN 1978 IK-6 Khabarovsk Region 01/04/2021 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 42211/21* 06/08/2021 Murat Kachakovich AKAVOV 1968 IK-5 Krasnoyarsk Region 30/10/2011 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room 42315/21* 04/08/2021 Nikolay Anatolyevich PASHKEYEV 1989 IK-25 Komi Republic 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50358/21* 20/09/2021 Vitaliy Vladimirovich KABANOV 1979 IK-5 Krasnoyarsk Region 25/05/2018 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50565/21 29/09/2021 Andrey Vyacheslavovich FEDORENKO 1987 IK-25 Komi Republic 2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 53110/21 06/10/2021 Aleksandr Pavlovich KRUTIKHIN 1982 IK-25 Komi Republic 23/07/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54537/21 14/10/2021 Stepan Leonidovich PALKIN 1988 IK-25 Komi Republic 31/01/2010 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54982/21* 27/09/2021 Maksim Yevgenyevich BUZOV 1987 Settlement colony no.
10 Irkutsk Region 23/09/2021 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 18/08/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding 55397/21* 24/10/2021 Ruslan Nikolayevich VASILYEV 1986 IK-24 Komi Republic 12/08/2019 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56223/21 22/01/2022 Aleksey Yevgenyevich ARZYUTOV IK-25 Komi Republic 25/11/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56224/21 13/12/2021 Demyan Aleksandrovich SHEPELEV 1989 IZ-3 Komi Republic 27/06/2021-17/07/2021 23/07/2021-29/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 508/22* 24/11/2021 Aleksandr Pavlovich BONDARENKO 1986 SIZO-3 Komi Republic 21/07/2018 - 09/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Prot.
1 Art.
3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in 2021 1721/22* 09/01/2022 Andrey Anatolyevich SHESTERNIN 1966 IK-6 Khabarovsk Region 09/09/2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1828/22* 30/08/2021 Vladimir Vasilyevich IVANOV 1957 IK-5 Krasnoyarsk Region 02/10/2019-03/03/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1829/22* 07/12/2021 Andrey Alekseyevich SEMENOV 1980 IK-8 Komi Republic 11/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2244/22 30/11/2021 Sergey Vasilyevich MARTYSHOV 1983 IZ-3 Belgorod Region 17/10/2019 - 22/07/2021 detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2932/22* 03/12/2021 Vladimir Ivanovich GOLBAN 1962 IK-6 Khabarovsk Region 17/12/2020 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 3986/22* 27/04/2022 Zafar Shodiyevich KURBONOV 1980 IK-6 Krasnoyarsk Region 06/10/2016 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance 5083/22* 27/12/2021 Viktor Gennadyevich BARDAKOV 1979 IK-8 Komi Republic 17/05/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq.
m., overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet 5709/22 20/12/2021 Dmitriy Vyacheslavovich BURDYKO 1981 FKU LIU-32 Krasnoyarsk Region Beginning date unclear - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 8073/22 18/01/2022 Dmitriy Dmitriyevich SAVVIN 1986 UK-49 Komi Republic April 2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 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 8 § 1 of the Convention relating to permanent video surveillance of detainees in pre-trial or post-conviction detention facilities which are the subject of well‐established case law of the Court (see Gorlov and Others v. Russia, nos.
27057/06 and 2 others, 2 July 2019).
APPENDIX – List of applications raising complaints under Article 8 § 1 of the Convention(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities) No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Detention facility Period of detention Specific circumstances Other complaints under well-established case-law 30580/21 17/05/2021 Ikhtiyar Maratovich URAZALIN 1971 Aleksandr Vladimirovich Kukharev Moscow SIZO-2 Nizhniy Novgorod Region 28/05/2020- 17/11/2020 opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
30856/21 26/05/2021 Magomed-Rashid Mukharbekovich GAZIKOV 1978 IK-31 Komi Republic 05/02/2020-25/02/2021 opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 30857/21 28/05/2021 Oleg Aleksandrovich PODUSHKA 1991 IK-25 Komi Republic 26/12/2016 - ongoing on the date when the application was lodged video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37223/21 09/07/2021 Denis Vasilyevich MOLCHANOV 1988 IK-25 Komi Republic, squad 9 February 2020 -ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37340/21* 07/07/2021 Aleksey Yevgenyevich LOSHMANOV 1981 IK-29 Kirov Region 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37364/21* 07/07/2021 Oleg Aleksandrovich FEOKTISTOV 1983 SIZO-1 Smolensk Region 18/11/2018 - 15/02/2021 opposite-sex operators, detention in different cells with video surveillance 37642/21 30/06/2021 Aleksey Veniaminovich RASTVOROV 1982 IK-25 Komi Republic multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37902/21* 22/07/2021 Igor Sergeyevich BUSHUYEV 1985 Aleksey Konstantinovich Yevsyunin Moscow SIZO-4 Moscow 10/10/2018 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Art.
5 (3) - excessive length of pre-trial detention - during the period: 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint failure to conduct the proceedings diligently leading to excessive length of detention on remand 39075/21* 27/08/2021 Yuliy Alekseyevich NESTEROV 1996 SIZO-1 St Petersburg 23/07/2020 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of placement in a metal cage in the courtroom Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021 39208/21* 12/07/2021 Aleksandr Nikolayevich CHURAKOV 1974 SIZO-1 St Petersburg 21/07/2018 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021 Art.
8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, in respect of placement in a metal cage during the hearings and refusals to have long-term family visits Art.
3 - inadequate conditions of detention during transport - between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours 42046/21* 27/09/2021 Viktor Aleksandrovich MYSIN 1978 IK-6 Khabarovsk Region 01/04/2021 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 42211/21* 06/08/2021 Murat Kachakovich AKAVOV 1968 IK-5 Krasnoyarsk Region 30/10/2011 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room 42315/21* 04/08/2021 Nikolay Anatolyevich PASHKEYEV 1989 IK-25 Komi Republic 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50358/21* 20/09/2021 Vitaliy Vladimirovich KABANOV 1979 IK-5 Krasnoyarsk Region 25/05/2018 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50565/21 29/09/2021 Andrey Vyacheslavovich FEDORENKO 1987 IK-25 Komi Republic 2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 53110/21 06/10/2021 Aleksandr Pavlovich KRUTIKHIN 1982 IK-25 Komi Republic 23/07/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54537/21 14/10/2021 Stepan Leonidovich PALKIN 1988 IK-25 Komi Republic 31/01/2010 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54982/21* 27/09/2021 Maksim Yevgenyevich BUZOV 1987 Settlement colony no.
10 Irkutsk Region 23/09/2021 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 18/08/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding 55397/21* 24/10/2021 Ruslan Nikolayevich VASILYEV 1986 IK-24 Komi Republic 12/08/2019 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56223/21 22/01/2022 Aleksey Yevgenyevich ARZYUTOV IK-25 Komi Republic 25/11/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56224/21 13/12/2021 Demyan Aleksandrovich SHEPELEV 1989 IZ-3 Komi Republic 27/06/2021-17/07/2021 23/07/2021-29/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 508/22* 24/11/2021 Aleksandr Pavlovich BONDARENKO 1986 SIZO-3 Komi Republic 21/07/2018 - 09/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Prot.
1 Art.
3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in 2021 1721/22* 09/01/2022 Andrey Anatolyevich SHESTERNIN 1966 IK-6 Khabarovsk Region 09/09/2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1828/22* 30/08/2021 Vladimir Vasilyevich IVANOV 1957 IK-5 Krasnoyarsk Region 02/10/2019-03/03/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1829/22* 07/12/2021 Andrey Alekseyevich SEMENOV 1980 IK-8 Komi Republic 11/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2244/22 30/11/2021 Sergey Vasilyevich MARTYSHOV 1983 IZ-3 Belgorod Region 17/10/2019 - 22/07/2021 detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2932/22* 03/12/2021 Vladimir Ivanovich GOLBAN 1962 IK-6 Khabarovsk Region 17/12/2020 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 3986/22* 27/04/2022 Zafar Shodiyevich KURBONOV 1980 IK-6 Krasnoyarsk Region 06/10/2016 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance 5083/22* 27/12/2021 Viktor Gennadyevich BARDAKOV 1979 IK-8 Komi Republic 17/05/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq.
m., overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet 5709/22 20/12/2021 Dmitriy Vyacheslavovich BURDYKO 1981 FKU LIU-32 Krasnoyarsk Region Beginning date unclear - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 8073/22 18/01/2022 Dmitriy Dmitriyevich SAVVIN 1986 UK-49 Komi Republic April 2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Detention facility Period of detention Specific circumstances Other complaints under well-established case-law 30580/21 17/05/2021 Ikhtiyar Maratovich URAZALIN 1971 Aleksandr Vladimirovich Kukharev Moscow SIZO-2 Nizhniy Novgorod Region 28/05/2020- 17/11/2020 opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
30856/21 26/05/2021 Magomed-Rashid Mukharbekovich GAZIKOV 1978 IK-31 Komi Republic 05/02/2020-25/02/2021 opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 30857/21 28/05/2021 Oleg Aleksandrovich PODUSHKA 1991 IK-25 Komi Republic 26/12/2016 - ongoing on the date when the application was lodged video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37223/21 09/07/2021 Denis Vasilyevich MOLCHANOV 1988 IK-25 Komi Republic, squad 9 February 2020 -ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37340/21* 07/07/2021 Aleksey Yevgenyevich LOSHMANOV 1981 IK-29 Kirov Region 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37364/21* 07/07/2021 Oleg Aleksandrovich FEOKTISTOV 1983 SIZO-1 Smolensk Region 18/11/2018 - 15/02/2021 opposite-sex operators, detention in different cells with video surveillance 37642/21 30/06/2021 Aleksey Veniaminovich RASTVOROV 1982 IK-25 Komi Republic multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities.
37902/21* 22/07/2021 Igor Sergeyevich BUSHUYEV 1985 Aleksey Konstantinovich Yevsyunin Moscow SIZO-4 Moscow 10/10/2018 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Art.
5 (3) - excessive length of pre-trial detention - during the period: 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint failure to conduct the proceedings diligently leading to excessive length of detention on remand 39075/21* 27/08/2021 Yuliy Alekseyevich NESTEROV 1996 SIZO-1 St Petersburg 23/07/2020 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of placement in a metal cage in the courtroom Art.
3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021 39208/21* 12/07/2021 Aleksandr Nikolayevich CHURAKOV 1974 SIZO-1 St Petersburg 21/07/2018 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021 Art.
8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities, in respect of placement in a metal cage during the hearings and refusals to have long-term family visits Art.
3 - inadequate conditions of detention during transport - between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours 42046/21* 27/09/2021 Viktor Aleksandrovich MYSIN 1978 IK-6 Khabarovsk Region 01/04/2021 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 42211/21* 06/08/2021 Murat Kachakovich AKAVOV 1968 IK-5 Krasnoyarsk Region 30/10/2011 - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room 42315/21* 04/08/2021 Nikolay Anatolyevich PASHKEYEV 1989 IK-25 Komi Republic 24/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50358/21* 20/09/2021 Vitaliy Vladimirovich KABANOV 1979 IK-5 Krasnoyarsk Region 25/05/2018 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 50565/21 29/09/2021 Andrey Vyacheslavovich FEDORENKO 1987 IK-25 Komi Republic 2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 53110/21 06/10/2021 Aleksandr Pavlovich KRUTIKHIN 1982 IK-25 Komi Republic 23/07/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54537/21 14/10/2021 Stepan Leonidovich PALKIN 1988 IK-25 Komi Republic 31/01/2010 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 54982/21* 27/09/2021 Maksim Yevgenyevich BUZOV 1987 Settlement colony no.
10 Irkutsk Region 23/09/2021 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 18/08/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding 55397/21* 24/10/2021 Ruslan Nikolayevich VASILYEV 1986 IK-24 Komi Republic 12/08/2019 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56223/21 22/01/2022 Aleksey Yevgenyevich ARZYUTOV IK-25 Komi Republic 25/11/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 56224/21 13/12/2021 Demyan Aleksandrovich SHEPELEV 1989 IZ-3 Komi Republic 27/06/2021-17/07/2021 23/07/2021-29/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 508/22* 24/11/2021 Aleksandr Pavlovich BONDARENKO 1986 SIZO-3 Komi Republic 21/07/2018 - 09/07/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities Prot.
1 Art.
3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in 2021 1721/22* 09/01/2022 Andrey Anatolyevich SHESTERNIN 1966 IK-6 Khabarovsk Region 09/09/2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1828/22* 30/08/2021 Vladimir Vasilyevich IVANOV 1957 IK-5 Krasnoyarsk Region 02/10/2019-03/03/2021 detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 1829/22* 07/12/2021 Andrey Alekseyevich SEMENOV 1980 IK-8 Komi Republic 11/12/2020 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2244/22 30/11/2021 Sergey Vasilyevich MARTYSHOV 1983 IZ-3 Belgorod Region 17/10/2019 - 22/07/2021 detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 2932/22* 03/12/2021 Vladimir Ivanovich GOLBAN 1962 IK-6 Khabarovsk Region 17/12/2020 - ongoing on the date when the application was lodged opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 3986/22* 27/04/2022 Zafar Shodiyevich KURBONOV 1980 IK-6 Krasnoyarsk Region 06/10/2016 - ongoing on the date when the application was lodged opposite-sex operators, detention in different cells with video surveillance 5083/22* 27/12/2021 Viktor Gennadyevich BARDAKOV 1979 IK-8 Komi Republic 17/05/2017 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport Art.
3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq.
m., overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet 5709/22 20/12/2021 Dmitriy Vyacheslavovich BURDYKO 1981 FKU LIU-32 Krasnoyarsk Region Beginning date unclear - ongoing on the date when the application was lodged opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities 8073/22 18/01/2022 Dmitriy Dmitriyevich SAVVIN 1986 UK-49 Komi Republic April 2019 - ongoing on the date when the application was lodged detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room Art.
13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Judgment
THIRD SECTIONCASE OF URAZALIN AND OTHERS v. RUSSIA
(Applications nos. 30580/21 and 30 others –
see appended list)
JUDGMENT
STRASBOURG
16 January 2025
This judgment is final but it may be subject to editorial revision. In the case of Urazalin and Others v. Russia,
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, Acting Deputy Section Registrar,
Having deliberated in private on 5 December 2024,
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 indicated in the appended table. 2. The Russian Government (“the Government”) were given notice of the applications. THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table. 4. The applicants complained of the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. Some applicants also raised other complaints under the provisions of the Convention. THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. 6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‐73, 17 January 2023). 7. The applicants complained principally of the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. They relied, expressly or in substance, on Article 8 of the Convention. 8. The Court has already established, in an earlier case against Russia, that the national legal framework governing the placement of detainees under permanent video surveillance in penal institutions falls short of the standards set out in Article 8 of the Convention (see Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). In Gorlov and Others, the Court summed up the general principles concerning the detainees’ right to respect for private life reiterating that placing a person under permanent video surveillance whilst in detention was to be regarded as a serious interference with the individual’s right to respect for his or her privacy (ibid., §§ 81-82). It has further concluded that the national law cannot be regarded as being sufficiently clear, precise or detailed to have afforded appropriate protection against arbitrary interference by the authorities with the detainees’ right to respect of their private life (ibid., §§ 97-98). 9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. It considers, regard being had to the case-law cited above, that in the instant case the placement of the applicants under permanent video surveillance when confined to their cells in pre-trial and post-conviction detention facilities was not “in accordance with law”. 10. These complaints are therefore admissible and disclose a breach of Article 8 of the Convention. 11. The applicants submitted other complaints which also raised issues under the Convention and its Protocol No. 1, given the relevant well‐established case-law of the Court (see the appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and of Protocol No. 1 in the light of its well-established case-law (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92‐156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; Gorlov and Others, cited above, concerning the absence of an effective domestic remedy to complain about permanent video surveillance in detention facilities; Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020, and Pavlova v. Russia, no. 8578/12, 18 February 2020, concerning restrictions on family visits in pre-trial detention facilities and the lack of an effective remedy in that respect; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013, concerning prisoners’ right to vote). 12. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by the applicants (applications nos. 39075/21 and 39208/21) under Article 13 of the Convention in respect of their placement in a metal cage in the courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019). 13. Regard being had to the documents in its possession and to its case‐law (see, in particular, Gorlov and Others, cited above, § 120, with further references, which imposed on the respondent State a legal obligation, under Article 46 of the Convention, to implement, under the supervision of the Committee of Ministers, such measures as they consider appropriate to secure the right of the applicants and other persons in their position to respect of their private life; and also Anchugov and Gladkov, cited above), the Court considers that the finding of a violation constitutes in itself a sufficient just satisfaction, as regards the complaints related to the permanent video surveillance in detention facilities, lack of an effective remedy in that respect and a violation of the right to vote in legislative elections. The Court further considers it reasonable to award the sums indicated in the appended table to the applicants in applications nos. 37902/21, 39075/21, 39208/21, 54982/21 and 5083/22. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants in applications nos. 37902/21, 39075/21, 39208/21, 54982/21 and 5083/22, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Diana Kovatcheva
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No. Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Detention facility
Period of detention
Specific circumstances
Other complaints under well-established case‐law
Amount awarded for pecuniary and non‐pecuniary damage and costs and expenses per applicant
(in euros)[1]
30580/21
17/05/2021
Ikhtiyar Maratovich URAZALIN
1971
Kukharev Aleksandr Vladimirovich
Moscow
SIZO-2 Nizhniy Novgorod Region
28/05/2020 - 17/11/2020
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30856/21
26/05/2021
Magomed-Rashid Mukharbekovich GAZIKOV
1978
IK-31 Komi Republic
05/02/2020 -25/02/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30857/21
28/05/2021
Oleg Aleksandrovich PODUSHKA
1991
IK-25 Komi Republic
26/12/2016 – 17/04/2022
video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37223/21
09/07/2021
Denis Vasilyevich MOLCHANOV
1988
IK-25 Komi Republic
February 2020 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37340/21
07/07/2021
Aleksey Yevgenyevich LOSHMANOV
1981
IK-29 Kirov Region
24/12/2020 – 24/06/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37364/21
07/07/2021
Oleg Aleksandrovich FEOKTISTOV
1983
SIZO-1 Smolensk Region
18/11/2018 - 15/02/2021
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
37642/21
30/06/2021
Aleksey Veniaminovich RASTVOROV
1982
IK-25 Komi Republic
multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction. 37902/21
22/07/2021
Igor Sergeyevich BUSHUYEV
1985
Yevsyunin Aleksey Konstantinovich
Moscow
SIZO-4 Moscow
10/10/2018 – pending as of 22/07/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 5 (3) - excessive length of pre-trial detention - during 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings diligently leading to excessive length of detention on remand
1,300
39075/21
27/08/2021
Yuliy Alekseyevich NESTEROV
1996
SIZO-1 St Petersburg
23/07/2020 -22/01/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021
7,500
39208/21
12/07/2021
Aleksandr Nikolayevich CHURAKOV
1974
SIZO-1 St Petersburg
21/07/2018 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of refusals to have long-term family visits,
Art. 3 - inadequate conditions of detention during transport - conditions of detention during transport between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours
9,750
42046/21
27/09/2021
Viktor Aleksandrovich MYSIN
1978
IK-6 Khabarovsk Region
01/04/2021 - pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
42211/21
06/08/2021
Murat Kachakovich AKAVOV
1968
IK-5 Krasnoyarsk Region
30/10/2011- 15/05/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Finding of a violation will constitute sufficient just satisfaction
42315/21
04/08/2021
Nikolay Anatolyevich PASHKEYEV
1989
IK-25 Komi Republic
24/12/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50358/21
20/09/2021
Vitaliy Vladimirovich KABANOV
1979
IK-5 Krasnoyarsk Region
25/05/2018 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50565/21
29/09/2021
Andrey Vyacheslavovich FEDORENKO
1987
IK-25 Komi Republic
07/07/2017 - pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
53110/21
06/10/2021
Aleksandr Pavlovich KRUTIKHIN
1982
IK-25 Komi Republic
23/07/2017 – pending as of 16/09/2022
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54537/21
14/10/2021
Stepan Leonidovich PALKIN
1988
IK-25 Komi Republic
31/01/2010 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54982/21
27/09/2021
Maksim Yevgenyevich BUZOV
1987
Settlement colony no. 10 Irkutsk Region
23/09/2021 – 07/01/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 22/09/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding
1,000
55397/21
24/10/2021
Ruslan Nikolayevich VASILYEV
1986
IK-24 Komi Republic
12/08/2019 -pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56223/21
22/01/2022
Aleksey Yevgenyevich ARZYUTOV
IK-25 Komi Republic
25/11/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56224/21
13/12/2021
Demyan Aleksandrovich SHEPELEV
1989
IZ-3 Komi Republic
27/06/21-17/07/2021
23/07/2021-29/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
508/22
24/11/2021
Aleksandr Pavlovich BONDARENKO
1986
SIZO-3 Komi Republic
21/07/2018 - 09/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in September 2021
Finding of a violation will constitute sufficient just satisfaction
1721/22
09/01/2022
Andrey Anatolyevich SHESTERNIN
1966
IK-6 Khabarovsk Region
09/09/2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1828/22
30/08/2021
Vladimir Vasilyevich IVANOV
1957
IK-5 Krasnoyarsk Region
02/10/2019 -03/03/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1829/22
07/12/2021
Andrey Alekseyevich SEMENOV
1980
IK-8 Komi Republic
11/12/2020 – 30/01/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2244/22
30/11/2021
Sergey Vasilyevich MARTYSHOV
1983
IZ-3 Belgorod Region
17/10/2019 - 22/07/2021
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2932/22
03/12/2021
Vladimir Ivanovich GOLBAN
1962
IK-6 Khabarovsk Region
17/12/2020 – pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
3986/22
27/04/2022
Zafar Shodiyevich KURBONOV
1980
IK-6 Krasnoyarsk Region
06/10/2016 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
5083/22
27/12/2021
Viktor Gennadyevich BARDAKOV
1979
IK-8 Komi Republic
17/05/2017 – 18/02/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq. m, overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet
1,000
5709/22
20/12/2021
Dmitriy Vyacheslavovich BURDYKO
1981
FKU LIU-32 Krasnoyarsk Region
30/04/2021 – 30/12/2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
8073/22
18/01/2022
Dmitriy Dmitriyevich SAVVIN
1986
UK-49 Komi Republic
April 2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
[1] Plus any tax that may be chargeable to the applicants. THIRD SECTION
CASE OF URAZALIN AND OTHERS v. RUSSIA
(Applications nos. 30580/21 and 30 others –
see appended list)
JUDGMENT
STRASBOURG
16 January 2025
This judgment is final but it may be subject to editorial revision. In the case of Urazalin and Others v. Russia,
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, Acting Deputy Section Registrar,
Having deliberated in private on 5 December 2024,
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 indicated in the appended table. 2. The Russian Government (“the Government”) were given notice of the applications. THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table. 4. The applicants complained of the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. Some applicants also raised other complaints under the provisions of the Convention. THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. 6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‐73, 17 January 2023). 7. The applicants complained principally of the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities. They relied, expressly or in substance, on Article 8 of the Convention. 8. The Court has already established, in an earlier case against Russia, that the national legal framework governing the placement of detainees under permanent video surveillance in penal institutions falls short of the standards set out in Article 8 of the Convention (see Gorlov and Others v. Russia (nos. 27057/06 and 2 others, 2 July 2019). In Gorlov and Others, the Court summed up the general principles concerning the detainees’ right to respect for private life reiterating that placing a person under permanent video surveillance whilst in detention was to be regarded as a serious interference with the individual’s right to respect for his or her privacy (ibid., §§ 81-82). It has further concluded that the national law cannot be regarded as being sufficiently clear, precise or detailed to have afforded appropriate protection against arbitrary interference by the authorities with the detainees’ right to respect of their private life (ibid., §§ 97-98). 9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. It considers, regard being had to the case-law cited above, that in the instant case the placement of the applicants under permanent video surveillance when confined to their cells in pre-trial and post-conviction detention facilities was not “in accordance with law”. 10. These complaints are therefore admissible and disclose a breach of Article 8 of the Convention. 11. The applicants submitted other complaints which also raised issues under the Convention and its Protocol No. 1, given the relevant well‐established case-law of the Court (see the appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and of Protocol No. 1 in the light of its well-established case-law (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92‐156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; Gorlov and Others, cited above, concerning the absence of an effective domestic remedy to complain about permanent video surveillance in detention facilities; Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020, and Pavlova v. Russia, no. 8578/12, 18 February 2020, concerning restrictions on family visits in pre-trial detention facilities and the lack of an effective remedy in that respect; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, 4 July 2013, concerning prisoners’ right to vote). 12. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by the applicants (applications nos. 39075/21 and 39208/21) under Article 13 of the Convention in respect of their placement in a metal cage in the courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019). 13. Regard being had to the documents in its possession and to its case‐law (see, in particular, Gorlov and Others, cited above, § 120, with further references, which imposed on the respondent State a legal obligation, under Article 46 of the Convention, to implement, under the supervision of the Committee of Ministers, such measures as they consider appropriate to secure the right of the applicants and other persons in their position to respect of their private life; and also Anchugov and Gladkov, cited above), the Court considers that the finding of a violation constitutes in itself a sufficient just satisfaction, as regards the complaints related to the permanent video surveillance in detention facilities, lack of an effective remedy in that respect and a violation of the right to vote in legislative elections. The Court further considers it reasonable to award the sums indicated in the appended table to the applicants in applications nos. 37902/21, 39075/21, 39208/21, 54982/21 and 5083/22. FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants in applications nos. 37902/21, 39075/21, 39208/21, 54982/21 and 5083/22, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Diana Kovatcheva
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 of the Convention
(permanent video surveillance of detainees in pre-trial or post-conviction detention facilities)
No. Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Detention facility
Period of detention
Specific circumstances
Other complaints under well-established case‐law
Amount awarded for pecuniary and non‐pecuniary damage and costs and expenses per applicant
(in euros)[1]
30580/21
17/05/2021
Ikhtiyar Maratovich URAZALIN
1971
Kukharev Aleksandr Vladimirovich
Moscow
SIZO-2 Nizhniy Novgorod Region
28/05/2020 - 17/11/2020
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30856/21
26/05/2021
Magomed-Rashid Mukharbekovich GAZIKOV
1978
IK-31 Komi Republic
05/02/2020 -25/02/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30857/21
28/05/2021
Oleg Aleksandrovich PODUSHKA
1991
IK-25 Komi Republic
26/12/2016 – 17/04/2022
video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37223/21
09/07/2021
Denis Vasilyevich MOLCHANOV
1988
IK-25 Komi Republic
February 2020 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37340/21
07/07/2021
Aleksey Yevgenyevich LOSHMANOV
1981
IK-29 Kirov Region
24/12/2020 – 24/06/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37364/21
07/07/2021
Oleg Aleksandrovich FEOKTISTOV
1983
SIZO-1 Smolensk Region
18/11/2018 - 15/02/2021
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
37642/21
30/06/2021
Aleksey Veniaminovich RASTVOROV
1982
IK-25 Komi Republic
multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction. 37902/21
22/07/2021
Igor Sergeyevich BUSHUYEV
1985
Yevsyunin Aleksey Konstantinovich
Moscow
SIZO-4 Moscow
10/10/2018 – pending as of 22/07/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 5 (3) - excessive length of pre-trial detention - during 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings diligently leading to excessive length of detention on remand
1,300
39075/21
27/08/2021
Yuliy Alekseyevich NESTEROV
1996
SIZO-1 St Petersburg
23/07/2020 -22/01/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021
7,500
39208/21
12/07/2021
Aleksandr Nikolayevich CHURAKOV
1974
SIZO-1 St Petersburg
21/07/2018 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of refusals to have long-term family visits,
Art. 3 - inadequate conditions of detention during transport - conditions of detention during transport between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours
9,750
42046/21
27/09/2021
Viktor Aleksandrovich MYSIN
1978
IK-6 Khabarovsk Region
01/04/2021 - pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
42211/21
06/08/2021
Murat Kachakovich AKAVOV
1968
IK-5 Krasnoyarsk Region
30/10/2011- 15/05/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Finding of a violation will constitute sufficient just satisfaction
42315/21
04/08/2021
Nikolay Anatolyevich PASHKEYEV
1989
IK-25 Komi Republic
24/12/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50358/21
20/09/2021
Vitaliy Vladimirovich KABANOV
1979
IK-5 Krasnoyarsk Region
25/05/2018 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50565/21
29/09/2021
Andrey Vyacheslavovich FEDORENKO
1987
IK-25 Komi Republic
07/07/2017 - pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
53110/21
06/10/2021
Aleksandr Pavlovich KRUTIKHIN
1982
IK-25 Komi Republic
23/07/2017 – pending as of 16/09/2022
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54537/21
14/10/2021
Stepan Leonidovich PALKIN
1988
IK-25 Komi Republic
31/01/2010 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54982/21
27/09/2021
Maksim Yevgenyevich BUZOV
1987
Settlement colony no. 10 Irkutsk Region
23/09/2021 – 07/01/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 22/09/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding
1,000
55397/21
24/10/2021
Ruslan Nikolayevich VASILYEV
1986
IK-24 Komi Republic
12/08/2019 -pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56223/21
22/01/2022
Aleksey Yevgenyevich ARZYUTOV
IK-25 Komi Republic
25/11/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56224/21
13/12/2021
Demyan Aleksandrovich SHEPELEV
1989
IZ-3 Komi Republic
27/06/21-17/07/2021
23/07/2021-29/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
508/22
24/11/2021
Aleksandr Pavlovich BONDARENKO
1986
SIZO-3 Komi Republic
21/07/2018 - 09/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in September 2021
Finding of a violation will constitute sufficient just satisfaction
1721/22
09/01/2022
Andrey Anatolyevich SHESTERNIN
1966
IK-6 Khabarovsk Region
09/09/2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1828/22
30/08/2021
Vladimir Vasilyevich IVANOV
1957
IK-5 Krasnoyarsk Region
02/10/2019 -03/03/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1829/22
07/12/2021
Andrey Alekseyevich SEMENOV
1980
IK-8 Komi Republic
11/12/2020 – 30/01/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2244/22
30/11/2021
Sergey Vasilyevich MARTYSHOV
1983
IZ-3 Belgorod Region
17/10/2019 - 22/07/2021
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2932/22
03/12/2021
Vladimir Ivanovich GOLBAN
1962
IK-6 Khabarovsk Region
17/12/2020 – pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
3986/22
27/04/2022
Zafar Shodiyevich KURBONOV
1980
IK-6 Krasnoyarsk Region
06/10/2016 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
5083/22
27/12/2021
Viktor Gennadyevich BARDAKOV
1979
IK-8 Komi Republic
17/05/2017 – 18/02/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq. m, overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet
1,000
5709/22
20/12/2021
Dmitriy Vyacheslavovich BURDYKO
1981
FKU LIU-32 Krasnoyarsk Region
30/04/2021 – 30/12/2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
8073/22
18/01/2022
Dmitriy Dmitriyevich SAVVIN
1986
UK-49 Komi Republic
April 2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
No. Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Detention facility
Period of detention
Specific circumstances
Other complaints under well-established case‐law
Amount awarded for pecuniary and non‐pecuniary damage and costs and expenses per applicant
(in euros)[1]
30580/21
17/05/2021
Ikhtiyar Maratovich URAZALIN
1971
Kukharev Aleksandr Vladimirovich
Moscow
SIZO-2 Nizhniy Novgorod Region
28/05/2020 - 17/11/2020
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30856/21
26/05/2021
Magomed-Rashid Mukharbekovich GAZIKOV
1978
IK-31 Komi Republic
05/02/2020 -25/02/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
30857/21
28/05/2021
Oleg Aleksandrovich PODUSHKA
1991
IK-25 Komi Republic
26/12/2016 – 17/04/2022
video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37223/21
09/07/2021
Denis Vasilyevich MOLCHANOV
1988
IK-25 Komi Republic
February 2020 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37340/21
07/07/2021
Aleksey Yevgenyevich LOSHMANOV
1981
IK-29 Kirov Region
24/12/2020 – 24/06/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
37364/21
07/07/2021
Oleg Aleksandrovich FEOKTISTOV
1983
SIZO-1 Smolensk Region
18/11/2018 - 15/02/2021
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
37642/21
30/06/2021
Aleksey Veniaminovich RASTVOROV
1982
IK-25 Komi Republic
multiple placements (33) in punishment cells between 06/08/2018 and 18/04/2021, periods of placement from 5 to 15 days
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction. 37902/21
22/07/2021
Igor Sergeyevich BUSHUYEV
1985
Yevsyunin Aleksey Konstantinovich
Moscow
SIZO-4 Moscow
10/10/2018 – pending as of 22/07/2021
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 5 (3) - excessive length of pre-trial detention - during 07/07/2020 - 21/06/2021, failure to examine the possibility of applying other measures of restraint;
failure to conduct the proceedings diligently leading to excessive length of detention on remand
1,300
39075/21
27/08/2021
Yuliy Alekseyevich NESTEROV
1996
SIZO-1 St Petersburg
23/07/2020 -22/01/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom of the Dzerzhinskiy District Court of St Petersburg, between 23/07/2020 and 29/07/2021
7,500
39208/21
12/07/2021
Aleksandr Nikolayevich CHURAKOV
1974
SIZO-1 St Petersburg
21/07/2018 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - The applicant’s placement in a metal cage during the hearings (in a trial court as well as via video-link) in the Nevskiy Disctrict Court of St Petersburg, St Petersburg City Court from 18/12/2019 to 12/03/2021,
Art. 8 (1) - restrictions on family visits in pre-trial facilities - inability to have long-term family visits in SIZO-1 St Petersburg,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of refusals to have long-term family visits,
Art. 3 - inadequate conditions of detention during transport - conditions of detention during transport between the remand prison and courthouse pending criminal proceedings (39 times) between 18/12/2019 and 12/03/2021- placement in a single occupancy cell in a prison van; transfers lasted from 1 to 3 hours
9,750
42046/21
27/09/2021
Viktor Aleksandrovich MYSIN
1978
IK-6 Khabarovsk Region
01/04/2021 - pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
42211/21
06/08/2021
Murat Kachakovich AKAVOV
1968
IK-5 Krasnoyarsk Region
30/10/2011- 15/05/2022
opposite-sex operators, video surveillance in a lavatory and/or shower room
Finding of a violation will constitute sufficient just satisfaction
42315/21
04/08/2021
Nikolay Anatolyevich PASHKEYEV
1989
IK-25 Komi Republic
24/12/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50358/21
20/09/2021
Vitaliy Vladimirovich KABANOV
1979
IK-5 Krasnoyarsk Region
25/05/2018 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
50565/21
29/09/2021
Andrey Vyacheslavovich FEDORENKO
1987
IK-25 Komi Republic
07/07/2017 - pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
53110/21
06/10/2021
Aleksandr Pavlovich KRUTIKHIN
1982
IK-25 Komi Republic
23/07/2017 – pending as of 16/09/2022
detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54537/21
14/10/2021
Stepan Leonidovich PALKIN
1988
IK-25 Komi Republic
31/01/2010 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
54982/21
27/09/2021
Maksim Yevgenyevich BUZOV
1987
Settlement colony no. 10 Irkutsk Region
23/09/2021 – 07/01/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - transfers by van between the colony and workplace, 22/09/2021-23/09/2021, passive smoking, no or restricted access to potable water, no or restricted access to toilet, overcrowding
1,000
55397/21
24/10/2021
Ruslan Nikolayevich VASILYEV
1986
IK-24 Komi Republic
12/08/2019 -pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56223/21
22/01/2022
Aleksey Yevgenyevich ARZYUTOV
IK-25 Komi Republic
25/11/2020 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
56224/21
13/12/2021
Demyan Aleksandrovich SHEPELEV
1989
IZ-3 Komi Republic
27/06/21-17/07/2021
23/07/2021-29/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
508/22
24/11/2021
Aleksandr Pavlovich BONDARENKO
1986
SIZO-3 Komi Republic
21/07/2018 - 09/07/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities,
Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - inability to vote in elections of members of the State Duma (Parliament) in September 2021
Finding of a violation will constitute sufficient just satisfaction
1721/22
09/01/2022
Andrey Anatolyevich SHESTERNIN
1966
IK-6 Khabarovsk Region
09/09/2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1828/22
30/08/2021
Vladimir Vasilyevich IVANOV
1957
IK-5 Krasnoyarsk Region
02/10/2019 -03/03/2021
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
1829/22
07/12/2021
Andrey Alekseyevich SEMENOV
1980
IK-8 Komi Republic
11/12/2020 – 30/01/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2244/22
30/11/2021
Sergey Vasilyevich MARTYSHOV
1983
IZ-3 Belgorod Region
17/10/2019 - 22/07/2021
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
2932/22
03/12/2021
Vladimir Ivanovich GOLBAN
1962
IK-6 Khabarovsk Region
17/12/2020 – pending as of 16/09/2022
opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
3986/22
27/04/2022
Zafar Shodiyevich KURBONOV
1980
IK-6 Krasnoyarsk Region
06/10/2016 – pending as of 16/09/2022
opposite-sex operators, detention in different cells with video surveillance
Finding of a violation will constitute sufficient just satisfaction
5083/22
27/12/2021
Viktor Gennadyevich BARDAKOV
1979
IK-8 Komi Republic
17/05/2017 – 18/02/2022
detention in different cells with video surveillance, opposite-sex operators
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities and in respect of inadequate conditions of detention during transport,
Art. 3 - inadequate conditions of detention during transport - van, train, transit cell, 24/07/2021-03/08/2021, 0.32-0.5 sq. m, overcrowding, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet
1,000
5709/22
20/12/2021
Dmitriy Vyacheslavovich BURDYKO
1981
FKU LIU-32 Krasnoyarsk Region
30/04/2021 – 30/12/2021
opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
8073/22
18/01/2022
Dmitriy Dmitriyevich SAVVIN
1986
UK-49 Komi Republic
April 2019 – pending as of 16/09/2022
detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
Finding of a violation will constitute sufficient just satisfaction
[1] Plus any tax that may be chargeable to the applicants.