KHUREN-OOL A OSTATNÍ proti Rusku

THIRD SECTION

CASE OF KHUREN-OOL AND OTHERS v. RUSSIA

(Applications nos. 77300/17 and 5 others – see appended list)

JUDGMENT

STRASBOURG

13 October 2022

This judgment is final but it may be subject to editorial revision.

In the case of Khuren-ool and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President,

Andreas Zünd,

Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 15 September 2022,

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. They also raised other complaints under the provisions of the Convention.

THE LAW

1. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 8 of the Convention

6. 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 § 1 of the Convention, which reads as follows:

“1. Everyone has the right to respect for his private ... life ... .

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

7. 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 (1) 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) and (2) does not presuppose any balancing exercise or enable an individual to obtain a judicial review of the proportionality of his or her placement under permanent video surveillance to the vested interests in securing his or her privacy (ibid., § 108).

8. 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 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”.

9. These complaints are therefore admissible and disclose a breach of Article 8 of the Convention.

3. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

10. The 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 and 152-58, 22 May 2012, concerning conditions of detention during transport and related to the review of pre-trial detention; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, regarding the lack of an effective remedy in respect of the complaint about conditions of detention during transport; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of post-conviction detention; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014, concerning placement of a defendant in a metal cage during court hearings; and Gorlov and Others, cited above, §§ 106-10, regarding the lack of an effective remedy for the complaint about permanent video surveillance).

11. In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 13 of the Convention concerning the alleged lack of an effective remedy in respect of their complaints about conditions of post-conviction detention and placement in a metal cage during the court hearings.

4. REMAINING COMPLAINTS

12. In applications nos. 33010/18, 41663/18 and 23017/21 the applicants also raised other complaints under various Articles of the Convention.

13. 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.

5. APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

15. Regard being had to the Court’s case‑law (see 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), the Court considers that the finding of a violation constitutes a sufficient just satisfaction in the present case in respect of the violation of Article 8 of the Convention established by it (see paragraph 9 above). As to the remainder of the issues examined in the present case and regard being had to the documents in its possession and to its case‑law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017; Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017 and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017), the Court considers it reasonable to award the sums indicated in the appended table.

16. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the complaints concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need to examine separately the complaints under Article 13 of the Convention concerning the lack of an effective remedy in respect of the conditions of post‑conviction detention and the placement in a metal cage during the court hearings, and dismisses the remainder of applications nos. 33010/18, 41663/18 and 23017/21 as inadmissible;
3. Holds that these complaints disclose a breach of Article 8 § 1 of the Convention concerning the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities;
4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see the appended table);
5. Holds

(a) that the respondent State is to pay the applicants (with the exception of the applicant, A. Lazarev, in application no. 33010/18), within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State;

(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 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

{signature_p_1} {signature_p_2}

Viktoriya Maradudina Darian Pavli

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)

[1] Plus any tax that may be chargeable to the applicants.