IVANTSOV A OSTATNÍ proti Rusku

THIRD SECTION

CASE OF IVANTSOV AND OTHERS v. RUSSIA

(Applications nos. 20509/17 and 11 others –

see appended list)

JUDGMENT

STRASBOURG

23 June 2022

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

In the case of Ivantsov and Others v. Russia,

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

Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 June 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 inadequate conditions of their detention, which were incompatible with their disabilities and that there was no effective remedy in that regard. Some applicants 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. LOCUS STANDI OF MS URYUPINA (application no. 78137/17)

6. The Court takes note of the death of Mr Presnyakov and of the wish of his female partner, Ms E. Uryupina, to pursue the proceedings he had initiated.

7. The Court reiterates that where an applicant dies during the examination of a case, his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000‑IX). It further reiterates that in a number of cases in which applicants have died in the course of the proceedings, it has taken into account the statements of their heirs or close family members expressing their wish to pursue the proceedings before the Court (see Latif Fuat Öztürk v. Turkey, no. 54673/00, § 27, 2 February 2006, and Hanbayat v. Turkey, no. 18378/02, § 20, 17 July 2007). In the present case, the Court considers that apart from explicitly expressing her wish to do so, the applicant’s female partner with whom the applicant had lived together since 2013, prior to his imprisonment, and who had supported him, including financially, during his imprisonment, has a sufficient legitimate interest in pursuing the proceedings on his behalf. The Court also does not lose sight of the fact that the Government did not object against Ms Uryupina’s standing.

8. The Court therefore considers that Ms E. Uryupina has standing to continue the present proceedings in the applicant’s stead.

3. ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION

9. The applicants complained principally about the poor conditions of their detention, aggravated by the seriousness of their medical problems and that they had no effective remedy in this connection. They relied on Articles 3 and 13 of the Convention, which read as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 13

“Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority ...”

10. The Court notes that the applicants who suffer from various disabilities, were, kept in detention in poor conditions which did not satisfy their special needs. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding conditions of detention of disabled inmates (see, for instance, Topekhin v. Russia, no. 78774/13, §§ 78‑81, 10 May 2016, and Butrin v. Russia, no. 16179/14, §§ 46‑51, 22 March 2016). It reiterates in particular, that where the authorities decide to place and keep a disabled person in detention, they should demonstrate special care in securing detention conditions which correspond to the special needs resulting from his disability (see Butrin, cited above § 49; Semikhvostov v. Russia, no. 2689/12, § 72, 6 February 2014; Zarzycki v. Poland, no. 15351/03, § 102, 12 March 2013; and Farbtuhs v. Latvia, no. 4672/02, § 56, 2 December 2004).

11. In the cases of Topekhin, Butrin and Semikhvostov (all cited above), the Court already found a violation in respect of issues similar to those in the present case.

12. 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 conditions of the applicants’ detention, exacerbated by their physical impairments, amount to “inhuman and degrading treatment” within the meaning of the Convention.

13. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints (see, among other authorities, Butrin, cited above, §§ 43-45, and Semikhvostov, cited above, §§ 61‑68).

14. These complaints are therefore admissible and disclose a breach of Articles 3 and 13 of the Convention.

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

15. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see 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 findings in Blokhin v. Russia [GC], no. 47152/06, §§ 135-50, 23 March 2016, related to lack of medical assistance in detention, and Dirdizov v. Russia, no. 41461/10, 27 November 2012, related to unreasonably long detention on remand.

5. REMAINING COMPLAINTS

16. In applications nos. 33392/17 and 38091/17 the applicants also raised other complaints under various Articles of the Convention.

17. The Court has examined the applications listed in the appended table 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.

18. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

6. APPLICATION OF ARTICLE 41 OF THE CONVENTION

19. 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.”

20. Regard being had to the documents in its possession and to its case‑law (see, in particular, Butrin, cited above, §§ 72-74, and Semikhvostov, cited above, §§ 88-90), the Court considers it reasonable to award the sums indicated in the appended table.

21. 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. Holds that Ms Uryupina has standing to pursue the proceedings in Mr Presnyakov’s stead;
3. Declares the complaints concerning the conditions of detention of disabled inmates, the lack of any effective remedy in domestic law in that regard and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and the remainder of applications nos. 33392/17 and 38091/17 inadmissible;
4. Holds that these complaints disclose a breach of Articles 3 and 13 of the Convention on account of the applicants’ detention in poor conditions and the lack of an effective remedy in that connection;
5. 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 appended table);
6. Holds

(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 during the default period plus three percentage points.

Done in English, and notified in writing on 23 June 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli
Actin Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 and Article 13 of the Convention

(conditions of detention of disabled inmates and lack of any effective remedy in domestic law)

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