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You are here: BAILII >> Databases >> European Court of Human Rights >> POLEZHAYEV AND OTHERS v. RUSSIA - 59040/18 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 18 (11 January 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/18.html Cite as: [2024] ECHR 18 |
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FOURTH SECTION
CASE OF POLEZHAYEV AND OTHERS v. RUSSIA
(Applications nos. 59040/18 and 41 others -
see appended list)
JUDGMENT
STRASBOURG
11 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Polezhayev and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 30 November 2023,
Delivers the following judgment, which was adopted on that date:
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 about their confinement in a metal cage in the courtroom during the criminal proceedings against them. 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 about their confinement in a metal cage in the courtroom during the criminal proceedings against them. They relied on Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
Some applicants also complained that they had not had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention, which reads as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, nos. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention.
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. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' confinement in a metal cage before the court during the criminal proceedings against them amounted to degrading treatment.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the applicants' complaints under Article 13 of the Convention (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
12. Some applicants submitted other complaints which also raised issues under the Convention, 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 in the light of its well-established case-law (see Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 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).
13. Regard being had to the documents in its possession and to its case-law (see, in particular, Vorontsov and Others, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 11 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(use of metal cages and/or other security arrangements in courtrooms)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the court Date of the relevant judgment | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
26/11/2018 | Sergey Vasilyevich POLEZHAYEV 1956 | Isayev Ayndi Khamzatovich Krasnoyarsk | Kansk Town Court of the Krasnoyarsk Region 28/06/2018 |
| 7,500 | |
02/12/2018 | Sergey Viktorovich NIKITIN 1992 | Shirokov Oleg Valeryevich Nizhniy Tagil | Berezovsk Town Court of the Sverdlovsk Region 31/08/2018 | Art. 3 - inadequate conditions of detention during transport - train, 10/10/2018-12/10/2018, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food | 8,500 | |
26/11/2018 | Arsen Stepanovich DUKH 1999 |
| Pechora Town Court 01/10/2018 | Art. 3 - inadequate conditions of detention during transport - by train between 30/07/2018 and 18/12/2018); insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking | 8,500 | |
04/01/2019 | Aleksandr Yevgenyevich VERSHININ 1988 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 15/10/2018 |
| 7,500 | |
04/01/2019 | Aleksandr Sergeyevich SKOKOV 1991 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 15/10/2018 |
| 7,500 | |
04/01/2019 | Artur Ramizovich ALIYEV 1987 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 09/11/2018 |
| 7,500 | |
04/01/2019 | Aleksandr Yuryevich MARTYNOV 1986 | Vtorushin Nikolay Aleksandrovich Tyumen | Tsentralnyy District Court of Tyumen 25/10/2018 |
| 7,500 | |
05/01/2019 | Oleg Yuryevich MAMONOV 1972 | Vtorushin Nikolay Aleksandrovich Tyumen | Leninskiy District Court of Tyumen 05/09/2018 |
| 7,500 | |
04/01/2019 | Anatoliy Valeryevich GURYANOV 1974 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 15/10/2018 |
| 7,500 | |
04/01/2019 | Aleksandr Sergeyevich BASKAKOV 1989 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 15/08/2018 |
| 7,500 | |
24/12/2018 | Sergey Romanovich MIKITIN 1975 |
| Krasnoyarsk Regional Court 28/06/2018 |
| 7,500 | |
09/01/2019 | Lada Aleksandrovna GALEYEVA 1987 | Vtorushin Nikolay Aleksandrovich Tyumen | Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 07/12/2018 |
| 7,500 | |
09/01/2019 | Albert Denisovich RAKHMATULLIN 1990 | Vtorushin Nikolay Aleksandrovich Tyumen | Kirovskiy District Court of Kazan 11/07/2018 |
| 7,500 | |
09/01/2019 | Irek Azgarovich SHAYKHULMARDANOV 1992 | Vtorushin Nikolay Aleksandrovich Tyumen | Novo-Savinovskiy District Court of Kazan; Supreme Court of the Tatarstan Republic 05/10/2018 |
| 7,500 | |
04/01/2019 | Sergey Viktorovich VAGITOV 1974 | Vtorushin Nikolay Aleksandrovich Tyumen | Tobolsk Town Court of the Tyumen Region 23/10/2018 |
| 7,500 | |
28/12/2018 | Aleksandr Yuryevich KOMAROV 1961 | Chernyavskaya Andzhelika Viktorovna Oktyabrskiy | Tsentralnyy District Court of Novosibirsk, Novosibirsk Regional Court 23/08/2018 |
| 7,500 | |
04/01/2019 | Vitaliy Valentinovich KASHIRTSEV 1979 | Vtorushin Nikolay Aleksandrovich Tyumen | Neman Town Court of the Kaliningrad Region 08/11/2018 |
| 7,500 | |
08/01/2019 | Fanis Gabbasovich NURULLIN 1965 | Vtorushin Nikolay Aleksandrovich Tyumen | Nizhnekamsk Town Court; Supreme Court of the Tatarstan Republic 18/12/2018 |
| 7,500 | |
23/01/2019 | Dmitriy Liveryevich CHEREPANOV 1969 | Balog Natalya Andreyevna Krasnoyarsk | Tsentralnyy District Court of Krasnoyarsk; Krasnoyarsk Regional Court also via video-link from SIZO-1 Krasnoyarsk 24/07/2018 |
| 7,500 | |
04/02/2019 | Yekaterina Sergeyevna KHOMYAKOVA 1997 |
| Surgut Town Court 05/10/2018 |
| 7,500 | |
28/01/2019 | Anatoliy Sergeyevich GREBENYUK 1983 |
| Surgut Town Court 27/08/2018 |
| 7,500 | |
28/01/2019 | Aleksandr Vladimirovich ZHEMIS 1969 |
| Supreme Court of the Komi Republic 09/11/2018 |
| 7,500 | |
30/01/2019 | Nikolay Vasilyevich GORBUNOV 1988 |
| Severodvinsk Town Court 20/02/2018, pending as of 16/09/2022 | Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 13/11/2017 to 10/01/2019; lack of fresh air, overcrowding;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport | 8,500 | |
16/02/2019 | Artem Vasilyevich DEGEL 1991 | Lukyanova Svetlana Anatolyevna Khanty-Mansiysk | Pyt-Yakh Town Court of the Khanty-Mansy Region 18/12/2018 |
| 7,500 | |
14/02/2019 | Edgar Rudinovich GABRIELYAN 1995 | Sarmasin Damir Fazylzhanovich Orsk | Leninskiy District Court of Orenburg 05/09/2018 |
| 7,500 | |
15/02/2019 | Vladimir Sergeyevich BARSUKOV 1956 | Kuzminykh Konstantin Sergeyevich St Petersburg | Kuybyshevskiy District Court of St Petersburg 20/03/2019 |
| 7,500 | |
01/03/2019 | Igor Anatolyevich KHRAMUSHIN 1970 | Andreyev Denis Aleksandrovich Samara | Zheleznodorozhnyy District Court of Samara, Samara District Court of Samara, Samara Regional Court (at the courthouse and via video link from the Cultural Centre of the Ministry of Interior of Samara and Department of Administration of Justice of Samara) 04/09/2018 | Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from 27/06/2016 to 04/09/2018; no or restricted access to toilet, lack of or insufficient electric light, inadequate temperature, passive smoking;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport | 8,500 | |
09/03/2019 | Yuriy Olegovich GELETA 1999 | Lukyanova Svetlana Anatolyevna Khanty-Mansiysk | Surgut Town Court 20/09/2018 |
| 7,500 | |
18/03/2019 | Denis Vladimirovich BAKHTIN 1993 |
| Leninskiy District Court of Tyumen 14/11/2018 |
| 7,500 | |
20/02/2019 | Rustam Fanizovich KARIMOV 1989 | Lukyanova Svetlana Anatolyevna Khanty-Mansiysk | Nefteyugansk District Court of the Khanty-Mansy Region 29/01/2019 |
| 7,500 | |
18/03/2019 | Suleyman Dzhabbar ogly ABUZAROV 1967 | Alekseyeva Natalya Vasilyevna Krasnoyarsk | Oktyabrskiy District Court of Krasnoyarsk 25/09/2018 |
| 7,500 | |
11/03/2019 | Konstantin Vladimirovich POTAPOV 1991 |
| Oktyabrskiy District Court of Krasnoyarsk 08/10/2018 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport to take part in court hearings; starting since 31/03/2018, pending as of 16/09/2022; van; overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, mouldy or dirty cell | 8,500 | |
16/10/2019 | Andrey Vladimirovich CHECHUROV 1984 |
| Sverdlovskiy District Court of Kostroma 24/07/2019 |
| 7,500 | |
17/03/2020 | Denis Vladimirovich UTKIN 1993 |
| Tsentralnyy District Court of Krasnoyarsk 19/09/2019 |
| 7,500 | |
04/02/2020 | Roman Ayvarsovich MELLIS 1985 |
| Supreme Court of the Komi Republic Video link from SIZO-1, Syktyvkar 25/11/2019 |
| 7,500 | |
30/01/2020 | Aleksey Borisovich YEGOSHIN 1973
|
| Vorkuta Town Court of the Komi Republic 03/12/2019 |
| 7,500 | |
02/03/2020 | Nikolay Elmanovich IBRAGIMOV 1984 |
| Tsentralnyy District Court of Chita 29/10/2019 |
| 7,500 | |
23/03/2020 | Anton Aleksandrovich AKSENOV 1992 |
| Tsentralnyy District Court of Krasnoyarsk 17/12/2019 |
| 7,500 | |
20/03/2020 | Dmitriy Ivanovich DYUKAREV 1978 |
| Sverdlovskiy District Court of Krasnoyarsk 30/12/2019 | Art. 3 - inadequate conditions of detention during transport - transport on numerous occasions between the detention facilities and the courthouse since 15/10/2019, pending as of 16/09/2022 and detention in convoy cells of the courthouse; overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient quantity of food;
Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport | 8,500 | |
29/04/2020 | Murad Bayramovich KICHIYEV 1984 | Geraskin Eduard Olegovich Moscow | Vidnoye Town Court of the Moscow Region 21/01/2020
|
| 7,500 | |
17/08/2020 | Igor Viktorovich PTUSHKO 1981 | Kalyugin Igor Yuryevich Stavropol | Ipatovskiy District Court of Stavropol Region 25/02/2020 |
| 7,500 | |
04/09/2020 | Aleksandr Aleksandrovich ARDABYEV 1981 | Isayev Ayndi Khamzatovich Krasnoyarsk | Krasnoyarsk Regional Court 05/03/2020 |
| 7,500 |
[1] Plus any tax that may be chargeable to the applicants.
