FOURTH SECTION
CASE OF AZIZOV AND OTHERS v. RUSSIA
(Applications nos. 33369/18 and 36 others -
see appended list)
JUDGMENT
STRASBOURG
28 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Azizov and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 September 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 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 of detainees 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, no. 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 28 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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] | |
30/06/2018 | Ruslan Fikretovich AZIZOV 1982 |
| IK-11 Nizhniy Novgorod Region 02/11/2016 pending as of 16/09/2022 5 year(s) and 10 month(s) and 15 day(s) | 1.2-1.8 m² | infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to shower, overcrowding, passive smoking, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/07/2018 | Artem Anatolyevich KOPOSOV 1988 |
| IK-11 Nizhniy Novgorod Region 21/03/2011 pending as of 16/09/2022 11 year(s) and 5 month(s) and 27 day(s) | 1.3 m² | overcrowding, insufficient number of sleeping places, overall surface limited movement between furniture items, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, scarce surface for walking in fresh air, 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 | |
02/07/2018 | Valentin Pavlovich VLASOV 1990 |
| IK-11 Nizhniy Novgorod Region 01/08/2015 pending as of 16/09/2022 7 year(s) and 1 month(s) and 16 day(s) | 1.8 m² | no or restricted access to warm water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, inadequate outfit, poor quality of potable water, passive smoking
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
10/10/2018 | Serdak Tatevosovich PAPANYAN 1983 |
| IK-5 Krasnoyarsk Region 30/11/2016 to 03/12/2019 3 year(s) and 4 day(s) | 170 inmate(s) 3 m² 6 toilet(s) | infestation of cell with insects/rodents, poor quality of food, 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 during transport;
Art. 3 - inadequate conditions of detention during transport - on 21/06/2019; van, transit cell; 0.3-0.5 sq. m of personal space; lack of fresh air, passive smoking, insufficient electric light, restricted access to toilet (the complaint lodged with the Court on 31/07/2019) | 11,100 | |
04/07/2018 | Dmitriy Vladimirovich MITIN 1986 |
| IK-5 Kirov Region 16/10/2015 to 14/03/2019 3 year(s) and 4 month(s) and 27 day(s) | 2.4 m² | no or restricted access to shower, poor quality of food, mouldy or dirty cell, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 7,300 | |
27/04/2018 | Marat Gasankhanovich RADZHABOV 1996 |
| IK-31 Krasnoyarsk Region 25/11/2017 pending as of 16/09/2022 4 year(s) and 9 month(s) and 23 day(s) | 2.5 m² | lack of or inadequate hygienic facilities, lack of or restricted access to leisure or educational activities, loud music, lack of outfit for outdoor exercise, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell |
| 12,500 | |
10/07/2018 | Marat Zhusupovich KAPKASHEV 1986 |
| IK-11 Nizhny Novgorod Region 19/06/2017 pending as of 16/09/2022 5 year(s) and 2 month(s) and 29 day(s) | 130 inmate(s) 2.3 m² 5 toilet(s) | overcrowding, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, poor quality of food |
| 12,500 | |
10/07/2018 | Aleksandr Yuryevich ZAKHAROV 1988 |
| IK-11 Nizhniy Novgorod Region 16/06/2017 pending as of 16/09/2022 5 year(s) and 3 month(s) and 1 day(s) | 130 inmate(s) 2.5 m² 6 toilet(s) | no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, inadequate clothing |
| 12,500 | |
13/07/2018 | Vladimir Valeryevich PODOLYAKO 1964 |
| IK-11 Nizhniy Novgorod Region 07/09/2015 pending as of 16/09/2022 7 year(s) and 10 day(s) | 140 inmate(s) 1.2 m² | lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, passive smoking, poor quality of food, lack of toiletries |
| 12,500 | |
18/07/2018 | Vyacheslav Mikhaylovich GUSEVSKIY 1996 |
| IK-5 Kirov Region 21/01/2018 to 10/12/2018 10 month(s) and 20 day(s) | 110 inmate(s) 2.8 m² | lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to shower, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 4,800 | |
25/06/2018 | Artem Nazhibovich ZARIPOV 1982 |
| IK-29 Kirov Region 27/07/2017 pending as of 16/09/2022 5 year(s) and 1 month(s) and 21 day(s) | 204 inmate(s) <2 m² 15 toilet(s) | overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or poor quality of bedding and bed linen |
| 12,500 | |
13/07/2018 | Sergey Alekseyevich NOGIN 1975 |
| IK-11 Nizhniy Novgorod Region 10/07/2017 to 10/01/2019 1 year(s) and 6 month(s) and 1 day(s) | 130 inmate(s) 2.3 m² 5 toilet(s) | overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food |
| 6,500 | |
13/07/2018 | Sergey Vladimirovich AKOYEV 1979 |
| IK-11 Nizhniy Novgorod Region 11/02/2013 pending as of 16/09/2022 9 year(s) and 7 month(s) and 6 day(s) | 140 inmate(s) 2.4 m² | overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to running water |
| 12,500 | |
17/07/2018 | Viktor Viktorovich BALANDIN 1991 |
| IK-5 Kirov Region 02/08/2016 to 24/11/2018 2 year(s) and 3 month(s) and 23 day(s) | 105 inmate(s) 2.4 m² | no or restricted access to shower, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 6,300 | |
20/07/2018 | Dmitriy Nikolayevich KULESH 1983 |
| IK-5 Kirov Region 23/01/2018 pending as of 16/09/2022 4 year(s) and 7 month(s) and 25 day(s) | 105 inmate(s) 2.4 m² 7 toilet(s) | no or restricted access to shower, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
21/07/2018 | Vladimir Andreyevich MILENTYEV 1991 |
| 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) | 140 inmate(s) 1.8 m² | lack of ventilation, twin beds, inadequate temperature, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, passive smoking, lack of or insufficient physical exercise in fresh air
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
13/07/2018 | Oleg Viktorovich BRYANTSEV 1975 |
| IK-11 Nizhniy Novgorod Region 01/08/2017 pending as of 16/09/2022 5 year(s) and 1 month(s) and 16 day(s) | 120 inmate(s) 1.8 m² | lack of fresh air, lack of ventilation, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, limited time for eating |
| 12,500 | |
11/07/2018 | Georgiy Botazovich SIUKAYEV 1989 |
| IK-11 Nizhniy Novgorod Region 22/05/2017 pending as of 16/09/2022 5 year(s) and 3 month(s) and 26 day(s) | 1.5 m² | lack of fresh air, lack or inadequate furniture, 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 | |
19/07/2018 | Aleksey Mukharamovich ISMAGULOV 1979 | Sukhodol Tatyana Vitaliyevna Astrakhan | LIU-3 Saratov Region 14/12/2014 pending as of 16/09/2022 7 year(s) and 9 month(s) and 3 day(s) | 110 inmate(s) 1.2 m² 3 toilet(s) | inadequate temperature, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, poor quality of food, inadequate clothing |
| 12,500 | |
19/07/2018 | Pardali Tagaymuradovich DZHURAYEV 1967 |
| IK-11 Nizhniy Novgorod Region 29/07/2013 pending as of 16/09/2022 9 year(s) and 1 month(s) and 19 day(s) | 60 inmate(s) <2 m² 6 toilet(s) | overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air |
| 12,500 | |
19/07/2018 | Ruslan Valeryevich PANKIN 1981 |
| IK-11 Nizhniy Novgorod Region 01/04/2017 pending as of 16/09/2022 5 year(s) and 5 month(s) and 16 day(s) | 120 inmate(s) 2.5-3 m² 6 toilet(s) | lack of fresh air, infestation of cell with insects/rodents, poor quality of food |
| 12,500 | |
14/08/2018 | Yevgeniy Mikhaylovich STATIVKO 1981 |
| IK-11 Nizhniy Novgorod Region 02/05/2017 pending as of 16/09/2022 5 year(s) and 4 month(s) and 15 day(s) | 100 inmate(s) 1.6 m² 6 toilet(s) | overcrowding, poor quality of food, no or restricted access to shower, lack of fresh air, sharing cells with inmates infected with contagious disease | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
14/07/2018 | Aleksey Gennadyevich AMELYANOVICH 1990 |
| IK-11 Nizhny Novgorod Region 31/03/2016 pending as of 16/09/2022 6 year(s) and 5 month(s) and 17 day(s) | 140 inmate(s) 1.2 m² 8 toilet(s) | overcrowding, lack of fresh air, cell surface did not allow to move freely between the furniture items, lack or inadequate furniture, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, sharing cells with inmates infected with contagious disease, lack or insufficient quantity of food, poor quality of food, no or restricted access to shower, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
13/07/2018 | Andrey Klavdiyevich TYUKAVIN 1975 |
| IK-1 Arkhangelsk Region 03/12/2011 pending as of 16/09/2022 10 year(s) and 9 month(s) and 14 day(s) | 1.8 m² | no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, poor quality of food, poor quality of potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
17/07/2018 | Aleksandr Alekseyevich DARYIN 1972 |
| IK-11 Nizhniy Novgorod Region 02/05/2017 pending as of 16/09/2022 5 year(s) and 4 month(s) and 15 day(s) | 110 inmate(s) 1.8 m² | no or restricted access to toilet, no or restricted access to running water, lack of or insufficient natural light, constant electric light, lack of fresh air, inadequate temperature, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, bunk beds, 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 | |
18/07/2018 | Aleksey Yevgenyevich SANDYRKIN 1979 |
| IK-11 Nizhniy Novgorod Region 22/05/2017 pending as of 16/09/2022 5 year(s) and 3 month(s) and 26 day(s) | 140 inmate(s) 1.2 m² | no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack of outfit, lack of or inadequate hygienic facilities
|
| 12,500 | |
16/07/2018 | Alan Vladimirovich GEDIANIDZE 1994 |
| IK-11 Nizhniy Novgorod Region 05/11/2017 pending as of 16/09/2022 4 year(s) and 10 month(s) and 12 day(s) | 120 inmate(s) 1.6-1.8 m² | lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, limited time for taking food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
13/07/2018 | Aleksandr Ivanovich ZAPEVALIN 1983 |
| IK-11 Nizhniy Novgorod Region 28/06/2013 pending as of 16/09/2022 9 year(s) and 2 month(s) and 20 day(s) | 130 inmate(s) 1.2-1.8 m² | lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, no or restricted access to toilet, lack of ventilation |
| 12,500 | |
23/06/2018 | Dmitriy Vladimirovich ATAMANOV 1976 |
| IK-1 Arkhangelsk Region 16/01/2018 pending as of 16/09/2022 4 year(s) and 8 month(s) and 1 day(s) | 78 inmate(s) 1.8 m² 4 toilet(s) | poor quality of potable water, poor quality of food, 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 | |
11/01/2019 | Dmitriy Sergeyevich POLOZOV 1972 |
| IK-5 Krasnoyarsk Region 21/09/2017 pending as of 16/09/2022 4 year(s) and 11 month(s) and 27 day(s) | 3 m² | overcrowding, lack of fresh air, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, impediments to continuous night sleep | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
26/07/2018 | Igor Aleksandrovich BLINOV 1988 |
| IK-5 Kirov Region 06/07/2016 to 26/01/2018 1 year(s) and 6 month(s) and 21 day(s) | 110 inmate(s) 2.8-3 m² 7 toilet(s) | lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate clothing |
| 5,000 | |
19/07/2018 | Mikhail Yuryevich CHERNYAYEV 1985 |
| IK-1 Komi Republic 28/02/2013 pending as of 16/09/2022 9 year(s) and 6 month(s) and 20 day(s) | 46 inmate(s) <2 m² 3 toilet(s) | overcrowding, no or restricted access to shower, lack of fresh air, infestation of cell with insects/rodents | Art. 3 - inadequate conditions of detention during transport - trips by train on 11/07/2018-12/07/2018 and 29/09/2018; and on 13/03/2020; 0.3 sq. m of personal space; overcrowding; restricted access to toilet; insufficient number of sleeping places;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions during transport | 13,500 | |
23/07/2018 | Vitaliy Vladimirovich KHONIN 1985 |
| IK-11 Nizhniy Novgorod Region 01/08/2017 pending as of 16/09/2022 5 year(s) and 1 month(s) and 16 day(s) | 46 inmate(s) 1.2 m² | lack of fresh air, constant electric light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack or insufficient quantity of food, overcrowding, passive smoking, poor quality of food, no or restricted access to shower, 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 | |
15/04/2019 | Maksim Sergeyevich MALANCHEV 1991 |
| IK-25 Chelyabinsk Region 27/07/2017 pending as of 16/09/2022 5 year(s) and 1 month(s) and 21 day(s) | 100 inmate(s) <2 m² | overcrowding |
| 12,500 | |
28/07/2018 | Igor Vladimirovich ZAGOSKIN 1986 | Sukhodol Tatyana Vitaliyevna Astrakhan | IK-12 Perm Region 21/11/2013 to 27/03/2018 4 year(s) and 4 month(s) and 7 day(s) | 36 inmate(s) 2 m² | inadequate temperature, lack of or restricted access to leisure or educational activities, no or restricted access to shower, no or restricted access to toilet, lack or insufficient quantity of food |
| 5,000 | |
25/07/2018 | Vitaliy Vitalyevich IVANOV 1983 |
| IK-11 Nizhniy Novgorod Region 01/06/2018 pending as of 16/09/2022 4 year(s) and 3 month(s) and 16 day(s) | 75 inmate(s) 1.7 m² | lack of or insufficient natural light, infestation of cell with insects/rodents, lack of fresh air, small courtyard |
| 12,500 | |
24/07/2018 | Aleksandr Sergeyevich ZUGLANOV 1986 |
| IK-11 Nizhniy Novgorod Region 17/02/2015 pending as of 16/09/2022 7 year(s) and 7 month(s) | 1 m² | overcrowding, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of fresh air, inadequate temperature, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, 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 |
[1] Plus any tax that may be chargeable to the applicants.