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Cite as: [2018] ECHR 492, ECLI:CE:ECHR:2018:0614JUD001268316, CE:ECHR:2018:0614JUD001268316

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THIRD SECTION

CASE OF ULEZKIN AND OTHERS v. RUSSIA

(Applications nos. 12683/16 and 7 others -�

see appended list)

JUDGMENT

STRASBOURG

14 June 2018

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

In the case of Ulezkin and Others v. Russia,

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

Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 24 May 2018,

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 applications were communicated to the Russian Government ("the Government").

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. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

I. 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.

II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

6. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

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

7. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case-�law regarding inadequate conditions of detention (see, for instance, Kudła v. Poland [GC], no. 30210/96, §§ 90-�94, ECHR 2000-�XI, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-�165, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36-�40, 7 April 2005).

8. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.

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' conditions of detention were inadequate.

10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

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

11. In applications nos. 17029/16, 47807/16 and 20305/17, the applicants submitted complaints also under Article 13 of the Convention, subject to 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 Sergey Babushkin, cited above, §§ 38-45.

IV. REMAINING COMPLAINTS

12. In application no. 47807/16, the applicant also raised other complaints under Article 3 of the Convention.

13. The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matter complained of is within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does 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 application must be rejected in accordance with Article 35 § 4 of the Convention.

V. 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 documents in its possession and to its case-�law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.

16. The Court 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 inadequate conditions of detention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible and the remainder of the application no. 47807/16 inadmissible;

3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;

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 appended table);

5. 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 period plus three percentage points.

Done in English, and notified in writing on 14 June 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv TigerstedtAlena Poláčková

Acting Deputy RegistrarPresident

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

No.	Application no. Date of introduction	Applicant name Date of birth	Facility Start and end date Duration	Inmates per brigade Sq. m. per inmate Number of toilets per brigade	Specific grievances	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
	12683/16 22/02/2016	Nikolay Nikolayevich Ulezkin 23/02/1970	IK-11 Nizhniy Novgorod Region 13/08/2012 pending More than 5 year(s) and 8 month(s) and 5 day(s)	140 inmate(s) 2.3 m² 6 toilet(s)	overcrowding, poor quality of food, no warm water, no warm clothes/warm blankets		11,500
	17029/16 15/03/2016	Sergey Vasilyevich Tushkanov 01/01/1977	IK-11 Nizhniy Novgorod Region 05/11/2011 pending More than 6 year(s) and 5 month(s) and 13 day(s)	2.3 m² 6 toilet(s)	overcrowding, poor quality of food, no place to dry clothes, insufficient time to eat, lack of warm clothes and shoes, poor quality of bed linen, shower once a week, insufficient washing facilities, lack of requisite medical assistance	Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -	11,500
	19092/16 25/03/2016	Ilya Yevgenyevich Kazanskiy 24/06/1987	IK-11 Nizhniy Novgorod 28/11/2011 to 16/12/2016 5 year(s) and 19 day(s)	140 inmate(s) 2.3 m² 6 toilet(s)	poor quality of food, no drying rack, no hot water, poor clothes and shoes supply		7,300
	43394/16 29/06/2016	Vyacheslav Aleksandrovich Valov 10/10/1980	IK-11 Nizhny Novgorod 24/11/2008 pending More than 9 year(s) and 4 month(s) and 25 day(s)	140 inmate(s) 2.2 m² 6 toilet(s)	overcrowding, lack or insufficient quantity of food, poor quality of food, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities		10,500
	47807/16 16/01/2017	German Viktorovich Putilov 26/12/1970	IK-349/46 Nevyansk Sverdlovsk Region 27/09/2010 to 16/08/2016 5 year(s) and 10 month(s) and 21 day(s)	150 inmate(s) 0.6 m² 1 toilet(s)	overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, insufficient number of sleeping places, bunk beds, no or restricted access to shower, lack of requisite medical assistance	Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -	5,000
	8974/17 16/01/2017	Eduard Elbrusovich Zagalov 21/10/1983	IK-11 Nizhny Novgorod 06/12/2010 to 06/09/2016 5 year(s) and 9 month(s) and 1 day(s)	140 inmate(s) 2.2 m²	overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen		5,000
	20305/17 03/03/2017	Aleksandr Aleksandrovich Okladnikov 21/05/1977	IK-36/5 Krasnoyarsk 20/04/2016 to 03/07/2017 1 year(s) and 2 month(s) and 14 day(s)	140 inmate(s) 2.25 m² 4 toilet(s)	lack of privacy for toilet, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of fresh air	Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention -	5,800
	20324/17 28/02/2017	Yevgeniy Aleksandrovich Vinyukov 15/11/1991	IK-1 Arkhangelsk Region 23/12/2015 to 07/04/2017 1 year(s) and 3 month(s) and 16 day(s)	90 inmate(s) 1.6 m²	overcrowding, no or restricted access to running water, mouldy or dirty cell		5,500

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