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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> KOMAROV AND OTHERS v. RUSSIA - 59242/19 (Article 3 - Prohibition of torture : Third Section Committee) [2024] ECHR 611 (04 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/611.html
Cite as: [2024] ECHR 611
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THIRD SECTION
CASE OF KOMAROV AND OTHERS v. RUSSIA
(Applications nos. 59242/19 and 50 others -
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Komarov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 30 May 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 about their confinement in a metal cage in the courtroom during the criminal proceedings against them. 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 ARTICLEs 3 and 13 OF THE CONVENTION on account of confinement in a metal cage in the courtroom
7. The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal proceedings against them. They relied on Article 3 of the Convention.
Some applicants also complained that they had not had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention.
8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, no. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention.
9. 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 (taking also into account the three-month extension introduced by decision of the President of the Court in 2020 as a consequence of the lockdown imposed in France on account of the COVID-19 pandemic (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022) and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' confinement in a metal cage before the court during the criminal proceedings against them amounted to degrading treatment.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the applicants' complaints under Article 13 of the Convention (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
- 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, §§ 103-08, 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, Vorontsov and Others, cited above), the Court considers that the finding of a violation in application no. 3457/21 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 finds 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 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 on account of the applicants' placement in a metal cage before the court during the criminal proceedings against them;
- 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 it is not necessary to deal separately with the applicants' complaints under Article 13 of the Convention related to the lack of an effective domestic remedy to complain about placement in a metal cage in courtrooms;
- 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. 3457/21;
- 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 period plus three percentage points.
Done in English, and notified in writing on 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(use of metal cages and/or other security arrangements in courtrooms)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the court Date of the relevant judgment or date of the relevant period | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
01/08/2019 | Aleksandr Dmitriyevich KOMAROV 1992 |
| Vyborgskiy District Court of St Petersburg 05/03/2019
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - van; applicant transported on numerous occasions between the detention facility and the courthouse from 06/04/2018 to 05/03/2019; 0.4 sq. m. of personal space; lack of fresh air, lack of or insufficient electric light, inadequate temperature, no or restricted access to potable water, overcrowding, passive smoking, restricted access to toilet during lengthy trips | 8,500 | |
16/10/2019 | Vladimir Vasilyevich RUSYAYEV 1957 |
| Kalininskiy District Court of St Petersburg (metal cages during court hearings in person); St Petersburg City Court (video link from SIZO-1, St Petersburg) 24/09/2019 |
| 7,500 | |
28/01/2020 | Roman Gennadyevich TROFIMOV 1980 |
| Tsentralnyy District Court of Krasnoyarsk; Krasnoyarsk Regional Court; Zheleznodorozhnyy District Court of Krasnoyarsk 25/09/2019 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions within the pending criminal proceedings since 04/07/2017; 0.3 sq. m of personal space; no or restricted access to toilet, no or restricted access to potable water, inadequate temperature
| 8,500 | |
14/11/2019 | Yevgeniy Yuryevich PETRUNIN 1973 |
| Minusinsk Town Court 24/05/2019 |
| 7,500 | |
04/02/2020 | Aleksandr Yevgenyevich DATSIY 1988 |
| Sverdlovskiy District Court of Krasnoyarsk 04/09/2019 |
| 7,500 | |
09/12/2019 | Dmitriy Yevgenyevich ZHIDKIKH 1977 |
| Omskiy District Court of the Omsk Region 21/06/2019 |
| 7,500 | |
25/11/2019 | Ivan Yuryevich LAGONSKIY 1994 | Vtorushina Olga Aleksandrovna Tyumen | Khanty-Mansiyskiy District Court 08/08/2019 |
| 7,500 | |
24/01/2020 | Igor Vladimirovich ZLOBIN 1989 |
| Primorskiy District Court of St Petersburg 02/12/2019 | Art. 13 - lack of any effective remedy in domestic law and in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by van between the detention facility and the courthouse since 07/09/2019 and on-going; 0.3 sq. m of personal space; no or restricted access to toilet, no or restricted access to potable water, overcrowding, inadequate temperature, lack of or insufficient natural light, lack of fresh air | 8,500 | |
19/12/2019 | Bair Budazhapovich DAMDINOV 1978 |
| Aginskiy District Court of the Zabaykalskiy Region 03/07/2019 | Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions between the detention facility and the courthouse from 13/12/2018 to 03/07/2019, 0.25 sq. m. of personal space; inadequate temperature, passive smoking, lack of fresh air, overcrowding | 8,500 | |
10/12/2019 | Yevgeniy Yuryevich IVANOV 1974 |
| Berezovskiy District Court of the Krasnoyarsk Region 12/07/2019 |
| 7,500 | |
23/12/2019 | Vladimir Vladimirovich SAFYANOV 1991
|
| Vorkuta Town Court 01/07/2019 |
| 7,500 | |
11/12/2019 | Dmitriy Viktorovich KOCHETKOV 1982 | Miller Irina Vladimirovna Kansk | Sovetskiy District Court of Krasnoyarsk, Krasnoyarsk Regional Court (by way of video conference) 15/08/2019
|
| 7,500 | |
21/12/2019 | Aleksey Dmitriyevich AMIROV 1989 |
| Krasnogvardeyskiy District Court of St Petersburg 24/06/2019 | Art. 3 - inadequate conditions of detention during transport - in prison vans and transit cells on numerous occasions to take part in court hearings or investigative actions; from 30/03/2016 to 24/06/2019; overcrowding, poor quality of food | 3,200 | |
26/12/2019 | Denis Fedorovich KYULYAN 1988 |
| Vorkuta Town Court of the Komi Republic 01/07/2019 | Art. 3 - inadequate conditions of detention during transport - in van and transit cells, from 20/09/2018 to 01/07/2019, on numerous occasions, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, passive smoking;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
03/01/2020 | Alisher Yakheyevich DZHURAYEV 1989 | Golets Yevgeniya Sergeyevna Moscow | Surgut Town Court 25/07/2019 |
| 7,500 | |
22/01/2020 | Aleksandr Konstantinovich KOZLOV 1987 |
| Tsentralnyy District Court of Chelyabinsk, Chelyabinsk Regional Court (video link from SIZO-1, Chelyabinsk Region) 09/10/2019
|
| 7,500 | |
09/01/2020 | Artem Sergeyevich ZOLOTUKHIN 1991 |
| Naberezhnyye Chelny Town Court 04/12/2019 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions from the detention facility to the courthouse between 06/11/2016 and 04/12/2019; 0.3 sq. m. of personal space; overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, handcuffing during transport, lack of safety belts, no or restricted access to toilet | 8,500 | |
21/01/2020 | Andrey Nikolayevich BREUS 1966 | Golets Yevgeniya Sergeyevna Moscow | Tyulmenskiy District Court of the Altay Region; Altay Regional Court (video link from SIZO-1, Altay Region) 30/08/2019 |
| 7,500 | |
28/01/2020 | Yevgeniy Nikolayevich IVANOV 1989 | Miller Irina Vladimirovna Kansk | Mogocha District Court (in a courtroom); Zabaykalskiy Regional Court (video link from SIZO-1 Chita) 20/08/2019 |
| 7,500 | |
31/12/2019 | Anton Igorevich KUZMIN 1994 |
| Vorkuta Town Court of the Komi Republic 01/07/2019 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention during transport - by van from the detention facility to the courthouse on numerous occasions from 20/09/2018 to 01/07/2019; 0.3. sq. m. of personal space; overcrowding; lack of fresh air, inadequate temperature | 8,500 | |
28/01/2020 | Valeriy Ivanovich MOKSHIN 1971 |
| Novosibirsk Regional Court; Supreme Court of Russia 01/08/2019 |
| 7,500 | |
01/02/2020 | Alfred Vayazovich BASHIROV 1968 |
| Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court 12/12/2019 |
| 7,500 | |
20/02/2020 | Rakhmatillo Razivoyevich SHARIPOV 1999 | Sergeyeva Yelizaveta Alekseyevna Tyumen | Surgut Town Court 27/09/2019 |
| 7,500 | |
20/02/2020 | Takhir Ganir ogly AKHMEDOV 1970 | Sergeyeva Yelizaveta Alekseyevna Tyumen | Leninskiy District Court of Tyumen 25/09/2019 |
| 7,500 | |
26/02/2020 | Pavel Aleksandrovich IGNATOV 1988 |
| Justice of the Peace of the Krasnozatonskiy Judicial Circuit of Syktyvkar, Komi Republic 29/08/2019 |
| 7,500 | |
17/02/2020 | Viktor Andreyevich SORVACHEV 1988 |
| Justice of the Peace of the Kuratovskiy Judicial Circuit of Syktyvkar, Komi Republic 13/11/2019 |
| 7,500 | |
20/02/2020 | Ruslan Dmitriyevich ISIMBAYEV 1989 |
| Berezovskiy District Court of the Khanty-Mansiysk Autonomous Region - Yugra 30/10/2019 |
| 7,500 | |
02/03/2020 | Sergey Sergeyevich BABURA 1981 |
| Krasnoyarsk Regional Court 05/09/2019 |
| 7,500 | |
13/03/2020 | Yevgeniy Anatolyevich BEREZHNOV 1969 | Polonskiy Aleksandr Viktorovich Volgograd | Kamyshyn Town Court of the Volgograd Region 06/02/2020 |
| 7,500 | |
26/03/2020 | Ivan Vasilyevich MELNIK 1983 | Isayev Ayndi Khamzatovich Krasnoyarsk | Bolshemurtinskiy District Court of the Krasnoyarsk Region 03/02/2020 |
| 7,500 | |
28/03/2020 | Ivan Sergeyevich KHNYKIN 1983 |
| Nizhnevartovsk Town Court of the Khanty-Mansiysk Autonomous Region - Yugra 30/09/2019 |
| 7,500 | |
18/03/2020 | Rustam Ablulla ogly BABAYEV 1997 | Sergeyeva Yelizaveta Alekseyevna Tyumen | Tsentralnyy District Court of Tyumen 28/11/2019 |
| 7,500 | |
26/02/2020 | Bair Gurozhapovich TSYDENOV 1988 | Miller Irina Vladimirovna Kansk | Aginskiy District Court of the Zabaykalskiy Region; Zabaykalskiy Regional Court Zabaykalskiy Regional Court; Video link from SIZO-1, Zabaykalsk Region 22/10/2019 |
| 7,500 | |
24/04/2020 | Artem Andreyevich BIZIN 1993 |
| Justice of the Peace of the Vorshagor Judicial Circuit of Vorkuta; Vorkuta Town Court of the Komi Republic 04/12/2019 |
| 7,500 | |
19/05/2020 | Andrey Nikolayevich STRAKHOV 1981 | Sergeyeva Yelizaveta Alekseyevna Tyumen | Tsentralnyy District Court of Tyumen 04/03/2020 |
| 7,500 | |
01/06/2020 | Sergey Nikolayevich RYABOV 1959 | Kopayeva Yuta Yuryevna Nizhniy Tagil | Sverdlovsk Regional Court 22/10/2019 |
| 7,500 | |
02/04/2020 | Nikolay Viktorovich KOLESNIKOV 1994 | Sergeyeva Yelizaveta Alekseyevna Tyumen | Tsentralnyy District Court of Tyumen 19/11/2019 |
| 7,500 | |
13/05/2020 | Sergey Mazitovich TUKTAGULOV 1977 | Golubenko Andrey Yevgenyevich Nea Skiony | Dzerzhinskiy District Court of Orenburg 18/05/2020 |
| 7,500 | |
16/06/2020 | Roman Sergeyevich TARABUKIN 1982 | Lyubimkin Sergey Ivanovich Nizhniy Novgorod | Moscow City Court Video link from SIZO-4, Moscow 16/12/2019 | Art. 3 - inadequate conditions of detention during transport - by van on numerous occasions between the detention facility and the courthouse from 13/06/2019 to 16/12/2019; 0.1 sq. m. of personal space; lack of fresh air, inadequate temperature, lack of or insufficient electric light | 8,500 | |
11/07/2020 | Artur Ambartsumovich FALKIN 1991 | Petrov Roman Nikolayevich Cheboksary | Moskovskiy District Court of Cheboksary Supreme Court of the Chuvashia Republic Video link from IK-9, Chuvashia Republic 27/05/2020 |
| 7,500 | |
27/08/2020 | Sergey Sergeyevich TITOV 1985 | Isayev Ayndi Khamzatovich Krasnoyarsk | Zheleznodorozhnyy District Court of Krasnoyarsk 27/02/2020 |
| 7,500 | |
06/10/2020 | Yelena Valeryevna LYUTOROVICH 1979 | Polonskiy Aleksandr Viktorovich Volgograd | Voroshilovskiy District Court of Volgograd, Tsentralnyy District Court of Volgograd 23/09/2020
|
| 7,500 | |
06/11/2020 | Roman Nikolayevich DARUSHIN 1979 | Perevozchikov Andrey Vladimirovich Yaroslavl | Uglichskiy District Court of the Yaroslavl Region 18/10/2020 |
| 7,500 | |
11/11/2020 | Yuriy Vitalyevich ALNYKIN 1980 | Isayev Ayndi Khamzatovich Krasnoyarsk | Krasnoyarsk Town Court 26/08/2020 |
| 7,500 | |
11/11/2020 | Igor Viktorovich KOZHELENISTOV 1975 | Isayev Ayndi Khamzatovich Krasnoyarsk | Krasnoyarsk Town Court 19/08/2020 |
| 7,500 | |
11/11/2020 | Andrey Sergeyevich KOKIN 1988 | Isayev Ayndi Khamzatovich Krasnoyarsk | Krasnoyarsk Town Court 18/08/2020 |
| 7,500 | |
11/11/2020 | Roman Sergeyevich RUMYANTSEV 1992 | Zhdanov Vladimir Viktorovich Krasnoyarsk | Tsentralnyy District Court of Krasnoyarsk 12/08/2020 |
| 7,500 | |
24/11/2020 | Nurali Saidaliyevich MUKHTOROV 1989 | Isayev Ayndi Khamzatovich Krasnoyarsk | Oktyabrskiy District Court of Krasnoyarsk 29/07/2020 |
| 7,500 | |
24/11/2020 | Maksim Sergeyevich SAMODELOV 1982 | Suslova Irina Aleksandrovna Vyborg | Krasnogvardeyskiy District Court of St Petersburg, St Petersburg City Court 08/06/2020 |
| 7,500 | |
07/12/2020 | Aleksandr Yevgenyevich YEFIMOV 1958 | Kuzminykh Konstantin Sergeyevich St Petersburg | Vsevolzhsk Town Court of the Leningrad Region 25/06/2020 |
| The finding of a violation constitutes sufficient just satisfaction. | |
08/10/2021 | Sergey Vasilyevich MALYGIN 1973 | Krikun Leonid Leonidovich St Petersburg | Segezha Town Court of Karelia Republic 09/07/2021 |
| 7,500 |
[1] Plus any tax that may be chargeable to the applicants.