Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> KLIMOV AND OTHERS v. RUSSIA - 37487/19 (Article 3 - Prohibition of torture : First Section Committee) [2024] ECHR 202 (07 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/202.html
Cite as: [2024] ECHR 202
[New search] [Contents list] [Help]
FIRST SECTION
CASE OF KLIMOV AND OTHERS v. RUSSIA
(Applications nos. 37487/19 and 34 others -
see appended list)
JUDGMENT
STRASBOURG
7 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Klimov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 8 February 2024,
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
- 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.
- Jurisdiction
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).
- ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
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, §§ 139-165, 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).
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.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
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 Idalov v. Russia [GC], no. 5826/03, §§ 103-108, 22 May 2012, concerning conditions of transport of detainees, Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning the lack of an effective remedy for a complaint about inadequate conditions during transport; and Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention).
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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 that the finding of a violation in application no. 40729/19 will constitute in itself sufficient just satisfaction (see Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022). It further considers it reasonable to award the sums indicated in the appended table to the remaining applicants.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
- Decides to join the applications;
- Holds that it has jurisdiction to deal with these applications as they relate to the facts that took place before 16 September 2022;
- Declares the applications admissible;
- Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention after conviction;
- Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
- Holds that the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant in application no. 40729/19;
- Holds
(a) that the respondent State is to pay the remaining 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 7 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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] | |
28/06/2019 | Aleksandr Viktorovich KLIMOV 1983 |
| IK-11 Nizhniy Novgorod Region 01/06/2016, pending as of 16/09/2022 6 year(s) and 3 month(s) and 16 day(s) | 120 inmate(s) 1.7 m² 6 toilet(s) | 8 sinks, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, overcrowding, warm seasonal clothing not provided, no ventilation, lack or inadequate furniture, mouldy or dirty cell |
| 12,500 | |
05/11/2019 | Aleksey Anatolyevich KAPLIN 1978 |
| IK-8 Tatarstan Republic 20/06/2012 to 16/09/2022 10 year(s) and 2 month(s) and 28 day(s) | 200 inmate(s)
4 toilet(s) | 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 | |
10/10/2019 | Andrey Leonidovich MISHARIN 1983 |
| IK-11 Nizhniy Novgorod Region 11/03/2019 to 22/04/2019 1 month(s) and 12 day(s) | 120 inmate(s) <3 m² 7 toilet(s) | lack of fresh air, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food, overcrowding |
| 1,400 | |
03/07/2019 | Badokhir Akhmedovich ADIZOV 1977 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 01/01/2010, pending as of 16/09/2022 12 year(s) and 8 month(s) and 16 day(s) | 1 m² | overcrowding, no or restricted access to toilet, inadequate temperature, lack of fresh air | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
03/07/2019 | Dmitriy Sergeyevich DENISOV 1983 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 01/12/2010, pending as of 16/09/2022 11 year(s) and 9 month(s) and 16 day(s) | 1 m² | 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 | |
03/07/2019 | Tyulyugen Barkkaliyevich ARESTANOV 1986 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 01/01/2012, pending as of 16/09/2022 10 year(s) and 8 month(s) and 16 day(s) | 1.2 m² | overcrowding, lack of fresh air, 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 | |
03/07/2019 | Oleg Alekseyevich PETRIKEYEV 1970 | Tsypyshev Roman Nikolayevich Krasnoyarsk | IK-3 Ryazan Region 05/10/2010, pending as of 16/09/2022 11 year(s) and 11 month(s) and 12 day(s) | 1 m² | overcrowding, lack of fresh air, 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 | |
26/06/2019 | Anatoliy Aleksandrovich PUKHOMELIN 1984 |
| IK-37 Perm Region 27/08/2018, pending as of 16/09/2022 4 year(s) and 21 day(s) |
|
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
09/07/2019 | Dmitriy Viktorovich KAMSHILIN 1975 |
| IK-11 Nizhniy Novgorod Region 20/10/2016, pending as of 16/09/2022 5 year(s) and 10 month(s) and 28 day(s) | 160 inmate(s) 1.5 m² 4 toilet(s) | sharing cells with inmates infected with contagious disease, overcrowding, no ventilation, 6 sinks, poor quality of food, exercise yard of 100 sq. m | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
03/07/2019 | Sergey Aleksandrovich POSEMCHUK 1983 |
| IK-5 Krasnoyarsk Region 09/02/2018, pending as of 16/09/2022 4 year(s) and 7 month(s) and 8 day(s) | 2.3 m² | lack of fresh air, 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 and in respect of inadequate conditions of transport;
Art. 3 - inadequate conditions of detention during transport - transport by van and train, and detention in a transit cell from 20/05/2019 to 30/05/2019, extreme lack of space; restricted access to toilet and potable water; transport in a single-occupancy | 13,500 | |
15/07/2019 | Ruslan Vladimirovich SORVACHEV 1980 |
| IK-1 Komi Republic 21/05/2018, pending as of 16/09/2022 4 year(s) and 3 month(s) and 27 day(s) | 300 inmate(s) <2 m² 6 toilet(s) | overcrowding, lack of fresh air, 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 | |
20/01/2019 | Sergey Khalilyevich YAKOVICH 1982 | Zlomnov Mikhail Andreyevich St Petersburg | IK-8 Komi Republic 10/08/2018, pending as of 16/09/2022 4 year(s) and 1 month(s) and 7 day(s) | 1.4 m² | lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, lack of fresh air, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, bunk beds, no ventilation, lack of toiletries, lack of privacy for toilet, lack of privacy in shower, lack or insufficient quantity of food, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
10/07/2019 | Aleksey Vladilenovich IVLEV 1980 |
| IK-8 Komi Republic 15/10/2015, pending as of 16/09/2022 6 year(s) and 11 month(s) and 2 day(s) |
|
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
11/07/2019 | Stanislav Pavlovich KLIMENKO 1991 | Petrosyan Lusine Radikovna Stavropol | IK-8 Bashkortostan Republic 18/10/2016, pending as of 16/09/2022 5 year(s) and 10 month(s) and 29 day(s) | <2 m²
| overcrowding, poor quality of food, inadequate temperature |
| The finding of a violation will constitute a sufficient just satisfaction | |
28/11/2019 | Dmitriy Mikhaylovich RUKAVISHNIKOV 1990 |
| IK-11 Nizhniy Novgorod Region 12/11/2018, pending as of 16/09/2022 3 year(s) and 10 month(s) and 5 day(s) | 1.5 m² | infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, 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 | |
20/03/2019 | Dmitriy Aleksandrovich SHCHEBNEV 1986 |
| IK-11 Nizhniy Novgorod Region 29/08/2016, pending as of 16/09/2022 6 year(s) and 19 day(s) | 130 inmate(s) 1-1.5 m² 6 toilet(s) | overcrowding, bunk beds, inadequate temperature | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
29/04/2019 | Turikhan Magomedovich SULEYMANOV 1991 |
| IK-5 Kirov Region 26/10/2017 to 23/07/2019 1 year(s) and 8 month(s) and 28 day(s) | 100 inmate(s) 3 m² 7 toilet(s) | no or restricted access to shower, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,800 | |
18/07/2019 | Mikhail Dmitriyevich KLIMASHIN 1965 |
| IK-6 Chuvashia Republic 10/03/2014 to 21/06/2019 5 year(s) and 3 month(s) and 12 day(s) | 100 inmate(s) 2 m² 4 toilet(s) | lack of privacy for toilet, overcrowding, 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 | 5,000 | |
22/07/2019 | Maksim Viktorovich AFANASYEV 1979 |
| IK-3 Ryazan Region 23/05/2016, pending as of 16/09/2022 6 year(s) and 3 month(s) and 25 day(s) | <2 m² 8 toilet(s) | sharing cells with inmates infected with contagious disease, poor quality of food, lack of or insufficient electric light, infestation of cell with insects/rodents, 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 | |
28/07/2019 | Lada Gennadyevna OGORODNIKOVA 1969 | Vinogradov Aleksandr Vladimirovich Kostroma | IK-8 and IK-3 Kostroma Region 25/10/2017, pending as of 16/09/2022 4 year(s) and 10 month(s) and 23 day(s) | ˂2 m² | overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of food, lack of fresh air, 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 | |
16/07/2019 | Valentin Sergeyevich ENNS 1988 |
| IK-5 Mordovia Republic 07/04/2014 to 19/04/2019 5 year(s) and 13 day(s) | 2.3 m² | no or restricted access to toilet, lack of fresh air, no or restricted access to warm water, 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 and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - train, transit cell, van; 19/04-18/05/2019; 0.4-3 sq. m of personal space; insufficient number of sleeping places, lack of fresh air, no or restricted access to shower, no or restricted access to toilet, passive smoking | 6,000 | |
26/07/2019 | Viktor Alekseyevich KOSENKOV 1995 |
| IK-7 Nizhniy Novgorod Region 10/05/2018 to 26/02/2019 9 month(s) and 17 day(s) | 80 inmate(s) 2.1-2.4 m² 4 toilet(s) | overcrowding, insufficient number of toilets and wash basins, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, inadequate clothing allowance |
| 4,400 | |
22/07/2019 | Karen Maisovich OGANESYAN 1966 |
| IK-8 Komi Republic 16/06/2014, pending as of 16/09/2022 8 year(s) and 3 month(s) and 1 day(s) | <1.2 m² | bunk beds, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, no or restricted access to warm water, poor quality of food, poor quality of potable water, lack or insufficient quantity of food, lack of seasonal clothes | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
26/07/2019 | Denis Nikolayevich POLUTIN 1984 | Saratovskaya Nataliya Petrovna Cheboksary | IK-6 Chuvashia Republic 18/07/2018 to 26/06/2019 11 month(s) and 9 day(s) | 100 inmate(s) 2 m² 4 toilet(s) | bunk beds, lack of or insufficient electric light, lack of fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, 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 | 5,000 | |
29/07/2019 | Andrey Eduardovich KRAPOTKIN 1992 |
| IK-11 Nizhniy Novgorod Region 11/10/2018, pending as of 16/09/2022 3 year(s) and 11 month(s) and 6 day(s) | 80 inmate(s) 1.8 m² | overcrowding, bunk beds, no or restricted access to potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, poor quality of food |
| 12,500 | |
05/08/2019 | Roman Sergeyevich KROTOV 1978 |
| IK-5 Kirov Region 20/11/2018, pending as of 16/09/2022 3 year(s) and 9 month(s) and 28 day(s) | 104 inmate(s) 2.1 m² | no or restricted access to shower, overcrowding, lack of or poor quality of bedding and bed linen, poor quality of food |
| 12,500 | |
08/08/2019 | Roman Anatolyevich NOVGORODSKIY 1974 |
| IK-6 Orenburg Region 29/01/2001 to 12/02/2019 18 year(s) and 15 day(s) | 2 m² | lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, handcuffing, sharing cells with inmates infected with contagious disease, lack or inadequate furniture | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
05/08/2019 | Aleksandr Vitalyevich ZAVOROKHIN 1974 |
| IK-5 Kirov Region 12/12/2017, pending as of 16/09/2022 4 year(s) and 9 month(s) and 5 day(s) | 104 inmate(s) 2.4 m² 7 toilet(s) | no or restricted access to shower, poor quality of food, lack of or poor quality of bedding and bed linen, lack of fresh air, inadequate temperature, mouldy or dirty cell, no ventilation, overcrowding, 10 sinks
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
14/08/2019 | Oleg Vyacheslavovich PERLOV 1979 |
| IK-29 Kirov Region 13/03/2016, pending as of 16/09/2022 6 year(s) and 6 month(s) and 4 day(s) | 16 inmate(s) 1.8 m² | overcrowding, no or restricted access to warm water, no or restricted access to shower, poor quality of food, lack of or inadequate hygienic facilities, 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 | |
08/08/2019 | Andrey Sergeyevich KUZMIN 1987 |
| IK-11 Nizhniy Novgorod Region 25/09/2017, pending as of 16/09/2022 4 year(s) and 11 month(s) and 23 day(s) | 56 inmate(s) 1,6 m² 6 toilet(s) | overcrowding, bunk beds, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents |
| 12,500 | |
05/08/2019 | Anatoliy Grigoryevich RASHCHEKTAYEV 1990 | Shirokov Oleg Valeryevich Nizhniy Tagil | IK-10 Sverdlovsk Region 25/12/2018, pending as of 16/09/2022 3 year(s) and 8 month(s) and 23 day(s) | 2 m² | lack of or inadequate hygienic facilities, overcrowding, poor quality of food, lack of or insufficient natural light, 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 | |
08/10/2019 | Igor Vasilyevich LATYSHEV 1988 | Miller Irina Vladimirovna Kansk | IK-7 Krasnoyarsk Region 27/11/2018, pending as of 16/09/2022 3 year(s) and 9 month(s) and 21 day(s) | 180 inmate(s) 0.5 m² | overcrowding, 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, lack of privacy for toilet, poor quality of food
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
16/08/2019 | Aleksandr Sergeyevich CHEPELEV 1985 |
| IK-5 Kirov Region 10/04/2018 to 12/03/2019 11 month(s) and 3 day(s) | 104 inmate(s) 2.5 m² 7 toilet(s) | overcrowding, passive smoking, insufficient number of toilets and wash basins, lack of privacy for toilet, no or restricted access to potable water, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of potable water |
| 5,000 | |
06/11/2019 | Aleksandr Viktorovich GAYEV 1991 |
| IK-5 Krasnoyarsk Region 01/02/2017, pending as of 16/09/2022 5 year(s) and 7 month(s) and 16 day(s) | 2.7 m² | lack of seasonal clothes, 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 | |
30/07/2019 | Vadim Vladimirovich KAVERIN 1974 |
| IK-8 Bashkortostan Republic 25/06/2015, pending as of 16/09/2022 7 year(s) and 2 month(s) and 23 day(s) | 1.9 m² | poor quality of food, lack or insufficient quantity of food, inadequate temperature, no or restricted access to warm water during summer, lack of or insufficient electric light, infestation of cell with insects/rodents, inadequate quantity of hygienic facilities, overcrowding |
| 12,500 |
[1] Plus any tax that may be chargeable to the applicants.