THIRD SECTION
CASE OF ISLAMOV AND OTHERS v. RUSSIA
(Applications nos. 46020/18 and 32 others -
see appended list)
JUDGMENT
STRASBOURG
14 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Islamov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 13 July 2023,
Delivers the following judgment, which was adopted on that date:
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. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).
7. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
8. 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, Muršić v. Croatia [GC], no. 7334/13, 20 October 2016; Kudła v. Poland [GC], no. 30210/96, §§ 90-94, ECHR 2000-XI; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-65, 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).
9. 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.
10. 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.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
12. Some 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 Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect).
13. 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."
14. 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, nos. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(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 14 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
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 | 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] | |
05/09/2018 | Rustem Ravilevich ISLAMOV 1979 |
| IK-11 Nizhniy Novgorod Region 27/02/2017 pending as of 16/09/2022 5 year(s) and 6 month(s) and 21 day(s) | 100 inmate(s) 1.7 m² 5 toilet(s) | overcrowding, lack of or insufficient electric light, insufficient number of toilets and wash basins, no or restricted access to shower, lack of or inadequate hygienic facilities, roll calls held outdoors during heavy showers and frost, lack of fresh air, passive smoking, infestation of cell with insects/rodents, insufficient space of the exercise yard | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
18/09/2018 | Firdavs Nurulloyevich KHASANOV 1969 |
| IK-11 Nizhniy Novgorod Region 01/09/2015 pending as of 16/09/2022 7 year(s) and 16 day(s) | 1.5 m² | lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
17/09/2018 | Sergey Nikolayevich NIKULIN 1975 |
| IK-11 Nizhniy Novgorod Region 01/10/2016 pending as of 16/09/2022 5 year(s) and 11 month(s) and 16 day(s) | 1.6 m² | lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
15/09/2018 | Aleksandr Sergeyevich DEMIDENKO 1985 |
| IK-1 Nizhniy Novgorod Region 01/09/2013 pending as of 16/09/2022 9 year(s) and 16 day(s) | 40 inmate(s) 2 m² | lack of fresh air, overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
13/09/2018 | Nikolay Vasilyevich KOZLOV 1978 |
| IK-5 Krasnoyarsk Region 18/12/2009 pending as of 16/09/2022 12 year(s) and 8 month(s) and 30 day(s) | 140 inmate(s) 3 to 3.6 m² 7 toilet(s) | no toilet tanks, overcrowding, lack of privacy for toilet, no flushing in the toilets | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
10/09/2018 | Vadim Sergeyevich TEREKHOV 1985 |
| IK-1 Arkhangelsk Region 01/09/2015 pending as of 16/09/2022 7 year(s) and 16 day(s) | 81 inmate(s) 1.8 m² 4 toilet(s) | overcrowding, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, poor quality of potable water, no or restricted access to running water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
13/09/2018 | Aleksey Vladimirovich POGUNOV 1977 |
| IK-11 Nizhniy Novgorod Region 23/01/2017 pending as of 16/09/2022 5 year(s) and 7 month(s) and 25 day(s) | 1.6 m² | lack of or restricted access to leisure or educational activities, no or restricted access to running water, no or restricted access to toilet, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, no or restricted access to shower, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents |
| 12,500 | |
13/09/2018 | Damir Varisovich MUKMINOV 1970 |
| IK-11 Nizhniy Novgorod Region 01/08/2018 pending as of 16/09/2022 4 year(s) and 1 month(s) and 16 day(s) | 1.8 m² | lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, small courtyard for walk, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - transport by van on 30/07/2018: overcrowding (0.33 m²), lack of fresh air, inadequate temperature, lack of access to water | 13,500 | |
27/08/2018 | Dmitriy Aleksandrovich ILYUSHIN 1986 |
| IK-14 Krasnoyarsk Region 26/01/2018 to 12/04/2019 1 year(s) and 2 month(s) and 18 day(s) | 3 m² | constant electric light, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,900 | |
12/09/2018 | Sergey Aleksandrovich IGNATOV 1976 |
| IK-11 Nizhniy Novgorod Region 27/03/2017 pending as of 16/09/2022 5 year(s) and 5 month(s) and 21 day(s) | 1.2 m² | overcrowding, poor quality of food, lack or insufficient quantity of food, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of fresh air, sharing cells with inmates infected with contagious disease |
| 12,500 | |
26/09/2018 | Stanislav Vladimirovich YESAULENKO 1990 | Chetverikova Svetlana Yuryevna Gelendzhik | IK-10 Saratov Region 14/02/2013 pending as of 16/09/2022 9 year(s) and 7 month(s) and 3 day(s) | 90 inmate(s) 1.6 m² 5 toilet(s) | poor quality of food, overcrowding, lack of or inadequate hygienic facilities | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
24/09/2018 | Gafiz Fizulliyevich RZAYEV 1983 | Lemeshev Andrey Stanislavovich Bryansk | IK-5 Kirov Region 01/08/2017 to 13/06/2018 10 month(s) and 13 day(s) | 160 inmate(s) 2 m² 10 toilet(s) | lack of fresh air, lack of or inadequate hygienic facilities, poor quality of food, overcrowding, no or restricted access to warm water, lack of requisite medical assistance, lack of or poor quality of bedding and bed linen |
| 4,800 | |
25/09/2018 | Vitaliy Nikolayevich ALEKSANDROV 1986 |
| IK-11 Nizhniy Novgorod Region 01/02/2015 pending as of 16/09/2022 7 year(s) and 7 month(s) and 16 day(s) | 1.7 m² | lack of or restricted access to leisure or educational activities, stench, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, mouldy or dirty cell, infestation of cell with insects/rodents, overcrowding in the courtyard, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
21/09/2018 | Sergey Yuryevich VINOGRADOV 1970 |
| IK-11 Nizhniy Novgorod Region 27/04/2015 pending as of 16/09/2022 7 year(s) and 4 month(s) and 21 day(s) | 125 inmate(s) 1.9 m² 8 toilet(s) | poor quality of food, lack of fresh air |
| 12,500 | |
22/09/2018 | Aleksey Aleksandrovich DYACHENKO 1995 |
| IK-11 Nizhniy Novgorod Region 13/02/2017 pending as of 16/09/2022 5 year(s) and 7 month(s) and 4 day(s) | 115 inmate(s) 1.5 m² 8 toilet(s) | lack of fresh air, poor quality of food, infestation of cell with insects/rodents | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
17/09/2018 | Aleksandr Andreyevich YANTSUKEVICH 1985 |
| IK-11 Nizhniy Novgorod Region 21/11/2016 pending as of 16/09/2022 5 year(s) and 9 month(s) and 27 day(s) | 130 inmate(s) 1.5 m² 6 toilet(s) | overcrowding, no or restricted access to running water, no or restricted access to warm water, no or restricted access to toilet, poor quality of potable water, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, passive smoking, mouldy or dirty cell | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
25/09/2018 | Aleksandr Alekseyevich NABATCHIKOV 1992 |
| IK-5 Kirov Region 24/04/2018 to 23/10/2020 2 year(s) and 6 month(s) | 105 inmate(s) 2.4 m² 7 toilet(s) | overcrowding, no or restricted access to shower, lack of or poor quality of bedding and bed linen, inadequate clothing allowance, poor quality of food, insufficient quantity of cutlery, mouldy or dirty cell, insufficient number of toilets and wash basins, no or restricted access to warm water, lack of or inadequate hygienic facilities | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transport by van and train and detention in transit facilities from 21/05/2019 to 02/07/2019: lack of or poor quality of bedding and bed linen, inadequate temperature, poor quality of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of toiletries, lack of ventilation, insufficient number of sleeping places, lack or insufficient quantity of food, numerous occasions of transport, lack of or inadequate hygienic facilities | 10,600 | |
11/12/2018 | Andrey Vladimirovich RIMMER 1977 |
| IK-49 Komi Republic 01/04/2011 pending as of 16/09/2022 11 year(s) and 5 month(s) and 16 day(s) | 100 inmate(s) <2 m² | overcrowding, lack of fresh air, poor quality of potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/10/2018 | Roman Nikolayevich GUZIK 1984 |
| IK-5 Krasnoyarsk Region 11/04/2018 to 21/11/2019 1 year(s) and 7 month(s) and 11 day(s) | 110 inmate(s) 2.3 m² 4 toilet(s) | inadequate temperature, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to shower, overcrowding, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 7,100 | |
25/09/2018 | Denis Vitalyevich PISAREV 1986 |
| IK-11 Nizhny Novgorod Region 05/04/2015 pending as of 16/09/2022 7 year(s) and 5 month(s) and 12 day(s) | 136 inmate(s) 1.4 m² 6 toilet(s) | overcrowding, no or restricted access to running water, no or restricted access to toilet, poor quality of potable water, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower |
| 12,500 | |
26/09/2018 | Vyacheslav Yuryevich SURGUTSKIY 1975 |
| IK-34 Krasnoyarsk Region 16/08/2015 to 04/04/2018 2 year(s) and 7 month(s) and 20 day(s) | 2.8 m² | lack of or inadequate hygienic facilities, lack of privacy for toilet, overcrowding, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
29/09/2018 | Dmitriy Yuryevich YAKOVLEV 1980 | Alekseyeva Natalya Vasilyevna Krasnoyarsk | IK-16 Krasnoyarsk Region 27/10/2015 to 29/08/2018 2 year(s) and 10 month(s) and 3 day(s) | 32 inmate(s) 2.25 m² 4 toilet(s) | no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, mouldy or dirty cell | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
29/09/2018 | Aleksandr Aleksandrovich PISAREV 1985 | Alekseyeva Natalya Vasilyevna Krasnoyarsk | IK-16 Krasnoyarsk Region 20/10/2016 to 29/08/2018 1 year(s) and 10 month(s) and 10 day(s)
IK-7 Krasnoyarsk Region 29/08/2018 pending as of 16/09/2022 4 year(s) and 19 day(s) | 32 inmate(s) 2.2 m²
<0.5 m² | lack of or inadequate hygienic facilities, no or restricted access to shower, poor quality of potable water, poor quality of food, inadequate temperature, inadequate prison clothing
infestation of cell with insects/rodents, overcrowding, lack of fresh air, inadequate temperature, no or restricted access to warm water, no or restricted access to potable water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of seasonal clothes | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
28/09/2018 | Viktor Fedorovich YEPIKHIN 1957 |
| IK-11 Nizhniy Novgorod Region 27/03/2017 pending as of 16/09/2022 5 year(s) and 5 month(s) and 21 day(s) | 1.5 m² | overcrowding, infestation of cell with insects/rodents, inadequate temperature | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
28/01/2019 | Igor Vladimirovich KOTLYAROV 1971 |
| IK-11 Nizhniy Novgorod Region 04/08/2017 pending as of 16/09/2022 5 year(s) and 1 month(s) and 13 day(s) | 1.3 m² | overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/10/2018 | Nazar Petrovich MOKRINSKIY 1989 |
| IK-1 Arkhangelsk Region 17/01/2013 pending as of 16/09/2022 9 year(s) and 8 month(s) | 89 inmate(s) 1.6 m² | no or restricted access to running water, no or restricted access to warm water, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
17/09/2018 | Yuriy Petrovich CHUKHRAY 1958 |
| IK-1 Komi Republic 01/09/2017 pending as of 16/09/2022 5 year(s) and 16 day(s) | 300 inmate(s) 1.2 m² 3 toilet(s) | overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to potable water, lack of fresh air, poor quality of food | Art. 3 - inadequate conditions of detention during transport - transport by van and train, on 21/05/2018; lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet; transport in similar conditions on 13 -14/05/2019 by van and train; transfer by train on 25/06/2021; 9 inmates per train compartment, no access to toilet, no sleeping place during overnight transfer
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport | 13,500 | |
03/10/2018 | Sergey Varazdatovich KHACHATRYAN 1950 |
| IK-11 Nizhniy Novgorod Region 29/09/2012 pending as of 16/09/2022 9 year(s) and 11 month(s) and 19 day(s) | 150 inmate(s) 1.5 m² 6 toilet(s) | lack of fresh air, inadequate temperature, lack of requisite medical assistance, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/10/2018 | Sergey Olegovich ZAVYALOV 1980 |
| IK-5 Kirov Region 24/04/2018 to 01/02/2019 9 month(s) and 9 day(s) | 3 m² | lack of privacy for toilet, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, no or restricted access to toilet, poor quality of food, inadequate temperature, sharing cells with inmates infected with contagious disease, passive smoking, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, no or restricted access to running water, lack of or insufficient physical exercise in fresh air | Art. 3 - inadequate conditions of detention during transport - transport by van on 15/04-16/04/2018; 0.26 m² of personal space; overcrowding, no access to food, lack of possibility to sleep, no or restricted access to toilet, passive smoking, no or restricted access to potable water;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of transport | 5,700 | |
25/09/2018 | Oleg Nikolayevich SOROKIN 1965 |
| IK-11 Nizhniy Novgorod Region 24/08/2010 pending as of 16/09/2022 12 year(s) and 24 day(s) | 1.3-1.5 m² | overcrowding, lack or inadequate furniture, sharing cells with inmates infected with contagious disease, lack of fresh air, mouldy or dirty cell, no or restricted access to running water, no or restricted access to toilet, scarce surface of walking ward, lack or insufficient quantity of food, inadequate temperature, no or restricted access to potable water, lack of privacy for toilet, lack of or inadequate hygienic facilities | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/10/2018 | Dmitriy Sergeyevich SIZONENKO 1985 | Solovyev Igor Anatolyevich Rzhev | IK-11 Nizhniy Novgorod Region 09/09/2013 pending as of 16/09/2022 9 year(s) and 8 day(s) | 127 inmate(s) 1.5-1.7 m² | lack of ventilation, lack of or inadequate hygienic facilities, limited time for taking food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
21/01/2019 | Yevgeniy Igorevich MIRONOV 1974 |
| IK-37 Perm Region 20/09/2016 to 21/08/2018 1 year(s) and 11 month(s) and 2 day(s) | <3 m² | overcrowding, inadequate temperature, no or restricted access to warm water, bunk beds |
| 5,000 | |
12/09/2018 | Vartan Varuzhanovich GARIBYAN 1992 |
| IK-11 Nizhniy Novgorod Region 31/10/2016 pending as of 16/09/2022 5 year(s) and 10 month(s) and 17 day(s) | 46 inmate(s) 1.6-1.8 m² | overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 |
[1] Plus any tax that may be chargeable to the applicants.