GABILOV proti Rusku

THIRD SECTION

DECISION

Application no. 51639/20
Natik Vidadiyevich GABILOV
against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 8 December 2022 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 application lodged on 12 October 2020,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaint under Article 8 § 1 of the Convention concerning the allocation to a remote penal facility irrespective of family life considerations was communicated to the Russian Government (“the Government”).

THE LAW

The applicant complained of his allocation to a remote penal facility irrespective of family life considerations. He relied on Article 8 of the Convention.

The Court reiterates that in its decisions of Dadusenko and Others v. Russia ((dec.), no. 36027/19 and 3 others, 7 September 2021) and Tamamshev and Others v. Russia ((dec.) [Committee], nos. 57368/19 and 59831/19, §§ 22-23, 7 September 2021), it has accepted that the Russian Code of Execution of Criminal Sentences (the “CES”) as amended on 1 April 2020 (effective as of 29 September 2020) provided for an effective remedy for the complaints about the breaches of Article 8 of the Convention, as regards allocation or transfer of prisoners to a remote penal facility irrespective of family life considerations, and, having dismissed those complaints for the applicants’ failure to exhaust a new remedy, it has declared that it will apply that approach to all similar applications pending before the Court (see Dadusenko and Others, cited above, §§ 25-34).

Having examined all the material before it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility of these complaints. It therefore considers that, in so far as the applicant has lodged prima facie well-founded complaint, the amended CES affords him an opportunity to obtain adequate redress by lodging a transfer request with the Federal Service of Execution of Sentences and/or challenging the proportionality of the refusal of transfer in court.

Accordingly, the applicant should exhaust this remedy before his complaint can be examined by the Court. It follows that the complaint under Article 8 of the Convention should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 12 January 2023.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 § 1 of the Convention

(allocation or transfer to a remote penal facility irrespective of family life considerations)