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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> VLASOV AND OTHERS v. RUSSIA - 51024/19 (Article 3 - Prohibition of torture : Fifth Section Committee) [2024] ECHR 290 (04 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/290.html
Cite as: [2024] ECHR 290
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FIFTH SECTION
CASE OF VLASOV AND OTHERS v. RUSSIA
(Applications nos. 51024/19 and 31 others -
see appended list)
JUDGMENT
STRASBOURG
4 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Vlasov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 March 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, §§ 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.
- 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 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).
- 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 it reasonable to award the sums indicated in the appended table.
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 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
(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 4 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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] | |
28/08/2019 | Grigoriy Valeryevich VLASOV 1982 |
| IK-3 Ryazan Region 21/12/2018 Pending as of 16/09/2022 3 year(s) and 8 month(s) and 27 day(s) | <2 m² | lack of fresh air, sharing cells with inmates infected with contagious disease, 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 | |
13/09/2019 | Vyacheslav Leonidovich ZHANDAROV 1990 |
| IK-1 Komi Republic 21/12/2017 Pending as of 16/09/2022 4 year(s) and 8 month(s) and 27 day(s) | 1 m² | lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding, poor quality of food, 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 | |
27/09/2019 | Aleksey Alekseyevich ROSHCHIN 1988 | Vinogradov Aleksandr Vladimirovich Kostroma | IK-1 Kostroma Region 01/11/2018 Pending as of 16/09/2022 3 year(s) and 10 month(s) and 16 day(s) | <2 m² | overcrowding, poor quality of food, lack of privacy for toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
| 12,500 | |
01/07/2019 | Vasiliy Ivanovich SAZONOV 1964 |
| IK-29 Kirov Region 02/03/2012 Pending as of 16/09/2022 10 year(s) and 6 month(s) and 15 day(s) | 20 inmate(s) 1.5 m² | bunk beds, overcrowding, 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 | |
19/09/2019 | Azamat Anatolyevich KILOV 1985 |
| IK-5 Kirov Region 07/11/2017 Pending as of 16/09/2022 4 year(s) and 10 month(s) and 10 day(s) | 100 inmate(s) 2.3 m² | no or restricted access to shower, poor quality of food, mouldy or dirty cell, lack of or poor quality of bedding and bed linen | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
01/10/2019 | Aleksandr Alekseyevich KOSYANENKO 1984 |
| IK-1 Komi Republic 29/06/2017 Pending as of 16/09/2022 5 year(s) and 2 month(s) and 19 day(s) | 50 inmate(s) 1.7 m² | lack of or poor quality of bedding and bed linen, overcrowding, mouldy or dirty cell, bunk beds, lack of fresh air, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to shower, lack of or inadequate hygienic facilities, no or restricted access to toilet, poor quality of food, infestation of cell with insects/rodents, inadequate temperature, lack or insufficient quantity of food
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
25/09/2019 | Yevgeniy Olegovich FROLOV 1978 |
| IK-15 Rostov Region 04/06/2011 to 29/06/2019 8 year(s) and 26 day(s) | 215 inmate(s) 2 m² 9 toilet(s) | bunk beds, overcrowding, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient natural light, passive smoking, poor quality of food, lack of fresh air | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
10/09/2019 | Maksim Anatolyevich KOPYTKOV 1985 |
| IK-14 Novosibirsk Region 29/03/2019 Pending as of 16/09/2022 3 year(s) and 5 month(s) and 19 day(s) | 100 inmate(s) 1.7 m² 6 toilet(s) | overcrowding, lack of ventilation, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, no or restricted access to potable water, 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 | |
24/09/2019 | Rafael Rudolfovich SADEYEV 1986 | Uvarov Aleksandr Leonidovich Nizhniy Tagil | IK-7 Mordovia Republic 01/09/2013 Pending as of 16/09/2022 9 year(s) and 16 day(s) | 85 inmate(s) 1.6-2 m² 4 toilet(s) | lack of fresh air, mouldy or dirty cell, lack of or insufficient electric light, inadequate temperature, no or restricted access to warm water, 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 | |
04/10/2019 | Aleksandr Petrovich PAVELKO 1987 |
| IK-1 Komi Republic 02/02/2017 Pending as of 16/09/2022 5 year(s) and 7 month(s) and 15 day(s) | 100 inmate(s)
5 toilet(s) | overcrowding, inadequate temperature, lack of fresh air, 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 | |
23/09/2019 | Ruslan Nikolayevich KASATKIN 1982 |
| IK-29 Kirov Region 29/09/2018 Pending as of 16/09/2022 3 year(s) and 11 month(s) and 19 day(s) | 140 inmate(s) <2 m² 12 toilet(s) | overcrowding, no or restricted access to potable water, lack of or insufficient natural light | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
03/10/2019 | Igor Tarasovich VIVCHAR 1974 |
| IK-8 Komi Republic 14/05/2018 Pending as of 16/09/2022 4 year(s) and 4 month(s) and 3 day(s) | 1.8 m² | no or restricted access to warm water, lack of fresh air, mouldy or dirty cell, lack of or insufficient electric light, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, poor quality of food, 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 | |
26/09/2019 | Nikolay Vladimirovich CHISTYAKOV 1972 | Vinogradov Aleksandr Vladimirovich Kostroma | IK-1 Kostroma Region 20/03/2018 to 19/06/2019 1 year(s) and 3 month(s) | 2.5 m² | lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, no or restricted access to shower, no or restricted access to toilet, overcrowding
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
17/09/2019 | Vasiliy Ivanovich ZYBAYLOV 1975 |
| IK-4 Stavropol Region 10/01/2019 to 16/09/2019 8 month(s) and 7 day(s) | 2.5 m² 4 toilet(s) | overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, passive smoking, lack of fresh air, no or restricted access to warm water, no or restricted access to shower, lack or insufficient quantity of food |
| 4,000 | |
29/09/2019 | Aleksandr Pavlovich KORABLEV 1960 |
| IK-23 Murmansk Region 27/04/2010 Pending as of 16/09/2022 12 year(s) and 4 month(s) and 21 day(s) | 24 inmate(s) <2 m² 3 toilet(s) | overcrowding, bunk beds, lack of or insufficient natural light, lack of fresh air, no ventilation, lack of or insufficient electric light, inadequate temperature, lack or insufficient quantity of food, poor quality of food, 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 | |
04/10/2019 | Aleksandr Yevgenyevich MATROSOV 1986 |
| IK-1 Komi Republic 20/09/2018 to 01/10/2019 1 year(s) and 12 day(s) | 2 m² | overcrowding, lack of fresh air, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
30/09/2019 | Yuriy Nikolayevich BELOUSOV 1983 |
| IK-1 Komi Republic 20/07/2007 Pending as of 16/09/2022 15 year(s) and 1 month(s) and 28 day(s) | 200 inmate(s) 1.6 m² 4 toilet(s) | overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient electric light, lack or inadequate furniture, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, no or restricted access to warm water, lack of privacy for toilet, no or restricted access to shower, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
05/10/2019 | Sergey Aleksandrovich SHMYKOV 1960 |
| IK-1 Komi Republic 01/03/2015 Pending as of 16/09/2022 7 year(s) and 6 month(s) and 16 day(s) | ˂2 m² | overcrowding, bunk beds, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking, no or restricted access to warm water, poor quality of potable water, sharing cells with inmates infected with contagious disease, lack of or insufficient physical exercise in fresh air, 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 and in respect of inadequate conditions of detention during transport
Art. 3 - inadequate conditions of detention during transport - by train; 15/03/2021-16/03/2021 - insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, overcrowding | 12,500 | |
16/09/2019 | Pavel Valeryevich KOSTIN 1985 |
| IK-3 Ryazan Region 21/12/2018 Pending as of 16/09/2022 3 year(s) and 8 month(s) and 27 day(s) | <2 m² | lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food, lack of fresh air | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
14/10/2019 | Aleksey Aleksandrovich MOKHOV 1975 |
| IK-1 and IK-12 Arkhangelsk Region 13/11/2008 to 19/08/2019 10 year(s) and 9 month(s) and 7 day(s) | 2 m² | mouldy or dirty cell, no or restricted access to warm water, no or restricted access to running water, lack of privacy for toilet, lack of or insufficient electric light, lack of requisite medical assistance | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
10/10/2019 | Aleksandr Aleksandrovich SHAROV 1993 | Vinogradov Aleksandr Vladimirovich Kostroma | IK-2 Kostroma Region 15/12/2017 Pending as of 16/09/2022 4 year(s) and 9 month(s) and 2 day(s) | 120 inmate(s) 0.8 m² 5 toilet(s) | overcrowding, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, outdoor lavatory | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
22/10/2019 | Aleksandr Ivanovich PORTYE 1967 |
| IK-1 Komi Republic 23/10/2015 Pending as of 16/09/2022 6 year(s) and 10 month(s) and 25 day(s)
| 200 inmate(s) 1.6 m² | overcrowding, no or restricted access to warm water, no or restricted access to running water, 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 | |
16/10/2019 | Ruslan Pavlovich KACHAN 1983 | Zaynullin Vladimir Faukatovich Tyubuk | IK-8 Bashkortostan 14/07/2015 Pending as of 16/09/2022 7 year(s) and 2 month(s) and 3 day(s) | 45 inmate(s) 1 m² 8 toilet(s) | passive smoking, overcrowding, lack of privacy for toilet, lack or insufficient quantity of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 12,500 | |
23/10/2019 | Aleksey Viktorovich SINITSYN 1972 |
| IK-8 Komi Republic 20/05/2014 to 24/08/2019 5 year(s) and 3 month(s) and 5 day(s) | 2 m² | lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents, lack of privacy for toilet, passive smoking, poor quality of food, no or restricted access to toilet, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
25/10/2019 | Aleksey Igorevich KORNEYEV 1990 |
| IK-5 Kirov Region 13/11/2018 to 03/09/2019 9 month(s) and 22 day(s) | 101 inmate(s) 2 m² 7 toilet(s) | inadequate temperature, no or restricted access to shower, mouldy or dirty cell, poor quality of food, lack or insufficient quantity of food, lack of fresh air, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 7,800 | |
23/10/2019 | Anatoliy Aleksandrovich KAZAKOV 1986 | Saratovskaya Nataliya Petrovna Cheboksary | IK-6 Chuvashia Republic 01/06/2014 Pending as of 16/09/2022 8 year(s) and 3 month(s) and 16 day(s) | <2 m² | overcrowding, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running 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 | |
16/06/2019 | Mikhail Anatolyevich KOPEYKIN 1978 |
| IK-1 Komi Republic 01/12/2016 Pending as of 16/09/2022 5 year(s) and 9 month(s) and 16 day(s) | 1.8 m² | infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, 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 | 12,500 | |
25/10/2019 | Valeriy Ivanovich BALAKIREV 1964 |
| IK-11 Nizhniy Novgorod Region 19/06/2017 Pending as of 16/09/2022 5 year(s) and 2 month(s) and 29 day(s) | 100 inmate(s) 1.5 m² 6 toilet(s) | lack of fresh air, overcrowding, 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 | |
29/10/2019 | Kazbek Sefibekovich IBIYEV 1986 |
| IK-8 Komi Republic 01/09/2016 to 15/07/2019 2 year(s) and 10 month(s) and 15 day(s) | 2 m² | lack of or inadequate hygienic facilities, lack of fresh air, insufficient number of sleeping places, overcrowding, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, poor quality of potable water, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 5,000 | |
29/10/2019 | Georgiy Aleksandrovich SOKOLOV 1970 |
| IK-5 Kirov Region 02/10/2018 to 13/02/2019 4 months and 12 day(s)
IK-5 Kirov Region 13/02/2019 to 20/08/2019 6 months and 8 day(s) | 80 inmate(s) 2.5 m²
105 inmate(s) 2.16 m² | overcrowding, no or restricted access to shower, lack of or poor quality of bedding and bed linen
overcrowding, no or restricted access to shower, lack of or poor quality of bedding and bed linen | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention | 4,800 | |
01/08/2019 | Sergey Konstantinovich PETRUSHENKO 1976 |
| IK-1 Komi Republic 01/08/2017 Pending as of 16/09/2022 5 year(s) and 1 month(s) and 16 day(s) | 1.6 m² | mouldy or dirty cell, no or restricted access to warm water, 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 | |
30/10/2019 | Denis Sergeyevich BARINOV 1986 |
| IK-8 Bashkortostan Republic 01/11/2016 Pending as of 16/09/2022 5 year(s) and 10 month(s) and 16 day(s) | 165 inmate(s) 1.7 m² 11 toilet(s) | no or restricted access to shower, poor quality of food |
| 12,500 |
[1] Plus any tax that may be chargeable to the applicants.