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THIRD SECTION
DECISION
Application no. 31652/17
Dmitriy Anatolyevich ASTAFYEV against Russia
and 19 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 January 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention after conviction were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Having examined the complaints under Article 3 of the Convention concerning conditions of the applicant’s detention in breach of national legislation or international agreements of the Russian Federation, the Court is of the view that there is no longer any justification for examining the merits of those complaints for the reasons set out below.
The Court notes that, as matters stand, the material facts complained of by the applicants have ceased to exist. They are no longer detained in the conditions complained of. It further notes that it was open to the applicants to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of their complaints concerning the conditions of detention in breach of national legislation (see Shmelev and Others v. Russia ((dec.), no. 41743/17 and 16 others, 17 March 2020).
Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), the Court considers it is no longer justified to continue the examination of this part of the applications (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of those complaints under Article 37 § 1 in fine.
Accordingly, this part of the applications should be struck out of the list.
As regards the remainder of the complaints lodged by the applicants (see the appended table), the Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the part of the applications out of its list of cases as regards the complaints about poor conditions of detention;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 9 February 2023.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
No. | Application no. Date of introduction | Applicant’s name Year of birth | Representative’s name and location | Facility Start and end date Duration | Inmates per brigade Sq. m per inmate Number of toilets per brigade | Alleged grievances | Inadmissible complaints |
31652/17 18/04/2017 | Dmitriy Anatolyevich ASTAFYEV 1978 | IK-3 Irkutsk Region 07/03/2017 to 15/02/2022 4 year(s) and 11 month(s) and 9 day(s) | 75 inmate(s) 1.6 m² 5 toilet(s) | no or restricted access to warm water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of fresh air | |||
48172/17 24/06/2017 | Sergey Artavaztovich MINOSYAN 1976 | IK-11 Nizhniy Novgorod Region 01/02/2013 to 23/01/2018 4 year(s) and 11 month(s) and 23 day(s) | 130 inmate(s) 1.2 m² 6 toilet(s) | overcrowding, poor quality of food, no or restricted access to toilet, lack of requisite medical assistance, lack or inadequate furniture, lack or insufficient quantity of food, lack of or inadequate hygienic facilities | Art. 34 – alleged hindrance in the exercise of the right of individual petition | ||
61762/17 15/08/2017 | Timofey Vladimirovich RUMYANTSEV 1973 | IK-5 Ivanovo Region 01/01/2010 to 12/04/2017 7 year(s) and 3 month(s) and 12 day(s) | 95 inmate(s) 1.7 m² 5 toilet(s) | overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to shower, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
67443/17 09/08/2017 | Tural Elbrus ogly GANIYEV 1983 | Vyazovikova Yevgeniya Mikhaylovna Tyumen | IK-2 Tyumen Region 30/07/2013 to 01/08/2017 4 year(s) and 3 day(s) | <1 m² | inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of privacy for toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | |
79262/17 30/10/2017 | Roman Anatolyevich BOBYLEV 1975 | IK-5 the Republic of Mordovia 25/03/2011 to 11/02/2022 10 year(s) and 10 month(s) and 18 day(s) | 35 inmate(s) 1.2 m² | overcrowding, poor quality of food, mouldy or dirty cell, no or restricted access to shower | Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
84757/17 05/12/2017 | Aleksandr Sergeyevich PUCHIKIN 1992 | IK-49 Komi Republic 06/12/2014 to 08/09/2019 4 year(s) and 9 month(s) and 3 day(s) | 110 inmate(s) 1.2 m² 6 toilet(s) | overcrowding, no or restricted access to warm water | Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
1746/18 08/12/2017 | Ariyan Anatolyevich FEDOROV 1983 | IK-11 Nizhniy Novgorod Region 12/08/2013 to 11/07/2018 4 year(s) and 11 month(s) | 1.2 m² | bunk beds, overcrowding, sharing cells with inmates infected with contagious disease, lack of or inadequate hygienic facilities, lack of fresh air, accommodation in the room for leisure activity | |||
4269/18 18/12/2017 | Sergey Vladimirovich VYUNOV 1988 | IK-1 Nizhniy Novgorod Region 17/06/2013 to 26/03/2022 8 year(s) and 9 month(s) and 10 day(s) | 1.2 m² | lack of fresh air, infestation of cell with insects/rodents, lack of requisite medical assistance, overcrowding, poor quality of food | |||
11228/18 01/06/2018 | Sergey Aleksandrovich TOLMACHEV 1982 | OIK-36 IK-5 Krasnoyarsk Region 15/08/2013 to 26/05/2022 8 year(s) and 9 month(s) and 12 day(s) | 1.5 m² | lack of or inadequate hygienic facilities, lack of privacy for toilet, lack or insufficient quantity of food, lack of outfit, lack of or restricted access to leisure or educational activities, poor quality of food | Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
16435/18 19/03/2018 | Aleksandr Alekseyevich SHATALOV 1987 | IK-11 Nizhniy Novgorod Region 22/02/2018 to 25/06/2019 1 year(s) and 4 month(s) and 4 day(s) | 135 inmate(s) 1.2 m² 6 toilet(s) | lack of requisite medical assistance, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease | |||
19358/18 20/02/2018 | Aleksandr Nikolayevich PONOMAREV 1978 | IK-2 Zabaykalskiy Region 28/12/2014 to 26/05/2020 5 year(s) and 4 month(s) and 29 day(s) | 140 inmate(s) 1.5 m² | overcrowding, no or restricted access to warm water | Art. 13 – alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
21374/18 23/03/2018 | Aleksey Aleksandrovich KUZMENKO 1978 | OIK-36 IK-5 Krasnoyarsk Region 20/02/2014 to 29/09/2017 3 year(s) and 7 month(s) and 10 day(s) | 190 inmate(s) 1-1.5 m² 7 toilet(s) | inability to move freely around the sleeping area, narrow passages (50 centimetres), overcrowding, no or restricted access to toilet, lack of or restricted access to leisure or educational activities, lack of privacy for toilet | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
21460/18 18/04/2018 | Aleksey Yevgenyevich POPOV 1981 | IK-11 Nizhniy Novgorod Region 21/07/2014 to 21/02/2022 7 year(s) and 7 month(s) and 1 day(s) | 150 inmate(s) 1.5 m² 8 toilet(s) | overcrowding, lack of fresh air, lack of or insufficient natural light, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to running water | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
37028/18 23/07/2018 | Yuriy Aleksandrovich CHEBYKIN 1958 | IK-2 Zabaykalskiy Region 25/11/2017 to 22/01/2022 4 year(s) and 1 month(s) and 29 day(s) | 1.6 m² | overcrowding, lack of privacy for toilet, no or restricted access to toilet, lack of or insufficient natural light, inadequate temperature, lack of fresh air, no or restricted access to warm water | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
47870/18 28/11/2018 | Mamanazar Mirzanazarovich SAYDAMATOV 1969 | IK-2 Zabaykalskiy Region 11/06/2007 to 27/05/2022 14 year(s) and 11 month(s) and 17 day(s) | 0.9 m² | inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
59323/18 19/11/2018 | Denis Anatolyevich KOVALEV 1983 | IK-1 Komi Republic 31/12/2015 to 17/10/2021 5 year(s) and 9 month(s) and 18 day(s) | 1.7 m² 4 toilet(s) | overcrowding, inadequate temperature, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
1817/19 13/12/2018 | Alikber Yagibekovich MAGOMEDOV 1963 | IK-1 Komi Republic 07/01/2017 to 08/08/2022 5 year(s) and 7 month(s) and 2 day(s) | 130 inmate(s) 1.6 m² 3 toilet(s) | infestation of cell with insects/rodents, lack of privacy for toilet, poor quality of food, no or restricted access to shower | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
11597/19 30/01/2019 | Anatoliy Alekseyevich GVOZDEV 1983 | IK-2 Zabaykalskiy Region 28/12/2012 to 14/01/2022 9 year(s) and 18 day(s) | 135 inmate(s) 1.5 m² | overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
12665/19 24/01/2019 | Sergey Yevgenyevich RADKOVSKIY 1980 | IK-1 Komi Republic 15/06/2018 to 25/01/2022 3 year(s) and 7 month(s) and 11 day(s) | 45 inmate(s) <2 m² 2 toilet(s) | overcrowding, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet | Art. 13 - alleged lack of any effective remedy in domestic law in respect of inadequate conditions of detention | ||
13108/19 30/10/2018 | Eduard Vladimirovich PROSTAKISHIN 1977 | IK-2 Zabaykalskiy Region 20/12/2013 to 12/02/2021 7 year(s) and 1 month(s) and 24 day(s) | 68 inmate(s) <2 m² | overcrowding, lack of or insufficient natural light, lack of fresh air |