FOURTH SECTION
CASE OF BOCHKAREV AND OTHERS v. RUSSIA
(Applications nos. 1698/19 and 32 others -
see appended list)
JUDGMENT
STRASBOURG
11 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Bochkarev 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 30 November 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, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
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, §§ 96-101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-59, 10 January 2012).
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 and the lack of an effective remedy in that respect; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint lodged by Mr Petkyavichus (application no. 48389/19) under Article 13 of the Convention about the lack of effective domestic remedies to complain about the placement in a metal cage in courtrooms (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
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 11 January 2024, 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] | |
01/06/2019 | Gennadiy Mikhaylovich BOCHKAREV 1956 |
| IK-2 Zabaykalskiy Region 19/02/2013, pending as of 16/09/2022 9 year(s) and 6 month(s) and 29 day(s) | 135 inmate(s) 1.7 m² | no or restricted access to warm water, lack of or restricted access to leisure or educational activities | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/08/2019 | Anatoliy Aleksandrovich KONTSOV 1981 |
| IK-5 Kirov Region 12/12/2017 to 14/10/2019 1 year(s) and 10 month(s) and 3 day(s) | 106 inmate(s) <3 m² | overcrowding, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,800 | |
10/08/2019 | Boris Nikolayevich ERLIN 1985 |
| IK-8 Komi Republic 22/08/2016, pending as of 16/09/2022 6 year(s) and 26 day(s) | <2 m² | lack of fresh air, mouldy or dirty cell, poor quality of food, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to warm water, 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 | |
12/08/2019 | Nikolay Nikolayevich RODNIKOV 1996 | Nevmerzhitskaya Irina Vladimirovna Krasnoyarsk | IK-7 Krasnoyarsk Region 20/08/2018, pending as of 16/09/2022 4 year(s) and 28 day(s) | 1.1 m² | infestation of cell with insects/rodents, lack of fresh air, inadequate temperature, no or restricted access to warm water, poor quality of potable water, no or restricted access to potable water, lack of privacy for toilet, mouldy or dirty cell, sharing cells with inmates infected with contagious disease, poor quality of food, lack of or insufficient physical exercise in fresh air, failure to provide warm clothes | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/08/2019 | Aleksey Vitalyevich ZVEREV 1977 | Nevmerzhitskaya Irina Vladimirovna Krasnoyarsk | IK-7 Krasnoyarsk Region 20/08/2018, pending as of 16/09/2022 4 year(s) and 28 day(s) | 1.4 m² | infestation of cell with insects/rodents, lack of fresh air, inadequate temperature, no or restricted access to warm water, poor quality of potable water, no or restricted access to potable water, 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, poor quality of food, lack of or insufficient physical exercise in fresh air, failure to provide warm clothes | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
24/07/2019 | Sergey Yakovlevich BAYDIN 1970 | Zaynullin Vladimir Faukatovich Tyubuk | IK-25 Chelyabinsk Region 26/06/2017, pending as of 16/09/2022 5 year(s) and 2 month(s) and 22 day(s) | 1.4 m² 10 toilet(s) | bunk beds, no ventilation, no or restricted access to warm water, 6 sinks, lack of privacy for toilet, 4 urinals, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, poor quality of potable water, lack or insufficient quantity of food, accommodation with inmates under stricter regime | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
31/07/2019 | Pavel Vladimirovich KUZNETSOV 1983 | Andreyev Ashot Aleksandrovich Syktyvkar | IK-23 Murmansk Region 01/10/2015, pending as of 16/09/2022 6 year(s) and 11 month(s) and 16 day(s) | 100 inmate(s) 2.2 m² 4 toilet(s) | inadequate temperature, infestation of cell with insects/rodents, no or restricted access to shower, lack of toiletries | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
23/08/2019 | Mikhail Vladimirovich KHOKHLOV 1975 | Chetverikova Svetlana Yuryevna Gelendzhik | IK-10 Saratov Region 03/10/2013, pending as of 16/09/2022 8 year(s) and 11 month(s) and 14 day(s) | 80 inmate(s) 1.5 m² 5 toilet(s) | overcrowding, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, insufficient number of toilets and wash basins, lack or inadequate furniture, lack of or insufficient electric light, inadequate hygiene items allowance, poor quality of food, lack or insufficient quantity of food, lack of or restricted access to leisure or educational activities, 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 | |
08/08/2019 | Anatoliy Vasilyevich YEREMIN 1953 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 05/10/2014, pending as of 16/09/2022 7 year(s) and 11 month(s) and 12 day(s) | 110 inmate(s) 1.1 m² | mouldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, overcrowding, lack of fresh air, poor quality of food, 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 | 12,500 | |
08/08/2019 | Igor Valeryevich ORLOV 1977 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 10/12/2010, pending as of 16/09/2022 11 year(s) and 9 month(s) and 7 day(s) | 120 inmate(s) 1.1 m² 6 toilet(s) | overcrowding, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, poor quality of food, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
08/08/2019 | Dmitriy Yevgenyevich MAKSIMOV 1968 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 10/12/2010, pending as of 16/09/2022 11 year(s) and 9 month(s) and 7 day(s) | 95 inmate(s) 1.2 m² 5 toilet(s) | overcrowding, lack of privacy for toilet, no or restricted access to running water, no or restricted access to toilet, mouldy or dirty cell, poor quality of food, lack of fresh air, 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 | |
08/08/2019 | Khristofor Ivanovich KANIDI 1979 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 17/10/2010, pending as of 16/09/2022 11 year(s) and 11 month(s) | 95 inmate(s) 1.2 m² 5 toilet(s) | overcrowding, lack of privacy for toilet, no or restricted access to running water, lack of or inadequate hygienic facilities, no or restricted access to toilet, mouldy or dirty cell, poor quality of food, lack of fresh air, 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 | |
12/08/2019 | Igor Nikolayevich KUZNETSOV 1976 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 01/02/2014, pending as of 16/09/2022 8 year(s) and 7 month(s) and 16 day(s) | 120 inmate(s) 1.2 m² 6 toilet(s) | overcrowding, lack of fresh air, mouldy or dirty cell, passive smoking, no or restricted access to toilet, no or restricted access to running water, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/08/2019 | Yuriy Konstantinovich LYASHCHENKO 1985 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 08/02/2012, pending as of 16/09/2022 10 year(s) and 7 month(s) and 9 day(s) | 120 inmate(s) 1.2 m² 6 toilet(s) | overcrowding, lack of fresh air, no or restricted access to toilet, passive smoking, poor quality of food, no or restricted access to warm water, no or restricted access to shower | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/08/2019 | Boris Yevgenyevich PETUKHOV 1967 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 08/09/2010, pending as of 16/09/2022 12 year(s) and 9 day(s) | 120 inmate(s) 1.2 m² 6 toilet(s) | mouldy or dirty cell, overcrowding, lack of fresh air, passive smoking, no or restricted access to running water, no or restricted access to toilet, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/08/2019 | Mikhail Vyacheslavovich KOPTEV 1970 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 05/10/2014, pending as of 16/09/2022 7 year(s) and 11 month(s) and 12 day(s) | 120 inmate(s) 1.2 m² 6 toilet(s) | overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to running water, 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 | |
20/08/2019 | Anatoliy Yuryevich GOLOVIN 1977 |
| IK-37 Perm Region 26/05/2018 to 22/03/2019 9 month(s) and 25 day(s) | 123 inmate(s) 2.3 m² 6 toilet(s) | no or restricted access to shower, lack of requisite medical assistance | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 4,400 | |
09/08/2019 | Yevgeniy Anatolyevich PONOMAREV 1980 |
| IK-26 Sverdlovsk Region 16/12/2015 to 25/02/2019 3 year(s) and 2 month(s) and 10 day(s) | <3 m² | overcrowding, bunk beds, no or restricted access to toilet, inadequate temperature | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
20/08/2019 | Yevgeniy Aleksandrovich BELYY 1981 |
| IK-5 Mordovia Republic 01/09/2015 to 02/04/2019 3 year(s) and 7 month(s) and 2 day(s) | 2.7 m² | 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, poor quality of food, lack of requisite medical assistance, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
01/08/2019 | Ruslan Nikolayevich LYUBIMTSEV 1978 |
| IK-8 Komi Republic 03/09/2014, pending as of 16/09/2022 8 year(s) and 14 day(s) | <2 m² | lack of fresh air, lack of toiletries, lack of privacy for toilet, mouldy or dirty cell, 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 | |
17/08/2019 | Damir Mavlizyanovich MUKHAMEDZYANOV 1984 | Volgin Gennadiy Anatolyevich Syktyvkar | FKU IK-1 Komi Republic 21/05/2018, pending as of 16/09/2022 4 year(s) and 3 month(s) and 27 day(s) | <2 m² | lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of privacy for toilet, no or restricted access to warm 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 | |
30/08/2019 | Vitaliy Vladimirovich PETKYAVICHUS 1983 |
| IK-19 Komi Republic 22/02/2019, pending as of 16/09/2022 3 year(s) and 6 month(s) and 26 day(s) | 2.4 m² | poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of fresh air | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention, and in respect of poor conditions of transport, and video surveillance in detention facilities; Art. 3 - inadequate conditions of detention during transport - transport by train and van on 15-17/08/2019; insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, passive smoking; inadequate detention in transit cells in the Vorkuta Town Court from 24/10/2019 to 24/01/2020;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - in the Vorkuta Town Court on 24/10/2019, 29/10/2019, 30/10/2019
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video-surveillance in IK-19 Komi Region, between March and November 2020 | 16,300 | |
02/09/2019 | Yevgeniy Rafisovich MUKHAMETSHIN 1972 |
| IK-1 Komi Republic 23/09/2018, pending as of 16/09/2022 3 year(s) and 11 month(s) and 25 day(s)
| 52 inmate(s) <2 m² 4 toilet(s) | overcrowding, no or restricted access to toilet, lack of fresh air | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
26/08/2019 | Yakov Ivanovich TSELKOVIK 1978 |
| IK-1 Komi Republic 18/11/2015 to 15/10/2021 5 year(s) and 10 month(s) and 28 day(s) | 240 inmate(s) 1.5 m² 7 toilet(s) | overcrowding, infestation of cell with insects/rodents, 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 | 11,500 | |
04/09/2019 | Viktor Viktorovich ZUYEV 1988 |
| IK-5 OIK-36 Krasnoyarsk Region 04/10/2017, pending as of 16/09/2022 4 year(s) and 11 month(s) and 13 day(s) | 85 inmate(s) 1 m² 6 toilet(s) | overcrowding, lack of or insufficient physical exercise in fresh air, bunk beds, lack of or restricted access to leisure or educational activities, no or restricted access to toilet, no or restricted access to shower | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
02/09/2019 | Petr Andriyanovich LOTOV 1993 |
| IK-6 Chuvashia Republic 09/02/2018, pending as of 16/09/2022 4 year(s) and 7 month(s) and 8 day(s) | 1.3 m² | overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air, no or restricted access to warm water, poor quality of potable water, no or restricted access to shower | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
12/09/2019 | Igor Aleksandrovich BRATCHIKOV 1974 |
| IK-11 Nizhniy Novgorod Region 28/10/2018, pending as of 16/09/2022 3 year(s) and 10 month(s) and 20 day(s) | 120 inmate(s) 1.5 m² 6 toilet(s) | overcrowding, poor quality of food, sharing cells with inmates infected with contagious disease |
| 12,500 | |
10/09/2019 | Yuriy Flyurovich BIKAYEV 1985 |
| IK-14 Novosibirsk Region 10/06/2010, pending as of 16/09/2022 12 year(s) and 3 month(s) and 7 day(s) | 30 inmate(s) 1.7 m² 3 toilet(s) | overcrowding, lack of ventilation, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, no or restricted access to shower, no or restricted access to warm water, poor quality of food, mouldy or dirty cell |
| 12,500 | |
11/09/2019 | Aleksey Vladimirovich BUYSKIKH 1983 |
| IK-1 Komi Republic 01/08/2017, pending as of 16/09/2022 5 year(s) and 1 month(s) and 16 day(s) | <2 m² | lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
11/09/2019 | Viktor Ivanovich KHVOSTENKO 1998 | Zaynullin Vladimir Faukatovich Tyubuk | IK-13 Sverdlovsk Region 28/09/2016 to 06/08/2019 2 year(s) and 10 month(s) and 10 day(s) | 2 m² 6 toilet(s) | lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, overcrowding, passive smoking, no or restricted access to shower, no or restricted access to warm water, 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 | 5,000 | |
09/09/2019 | Arkadiy Aleksandrovich POKHABOV 1971 |
| IK-5 Krasnoyarsk Region 18/11/2010 to 25/06/2019 8 year(s) and 7 month(s) and 8 day(s) | 120 inmate(s) 2.5 m² 4 toilet(s) | overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to warm 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 | 5,000 | |
11/09/2019 | Pavel Ivanovich POPOV 1972 |
| IK-11 Nizhniy Novgorod Region 11/03/2013, pending as of 16/09/2022 9 year(s) and 6 month(s) and 6 day(s)
| 72 inmate(s) <2 m² 5 toilet(s) | lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
11/09/2019 | Artem Igorevich YANDUBAYEV 1988 |
| IK-1 Komi Republic 29/07/2018, pending as of, pending as of 16/09/2022 4 year(s) and 1 month(s) and 19 day(s) | 1.9 m² | overcrowding, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light | 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.