European Court of Human Rights

FOURTH SECTION

CASE OF A.N. v. RUSSIA

(Application no. 5167/20)

JUDGMENT

STRASBOURG

5 September 2024

This judgment is final but it may be subject to editorial revision.

In the case of A.N. 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 4 July 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in an application against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on 10 January 2020.

2.  The applicant was represented by Mr A.V. Vinogradov, a lawyer practising in Kostroma.

3.  The Russian Government ("the Government") were given notice of the application.

THE FACTS

4.  The applicant's details and information relevant to the application are set out in the appended table.

5.  The applicant complained of the non-enforcement of a domestic decision and of the lack of any effective remedy in domestic law. He also raised other complaints under the provisions of the Convention.

THE LAW

1. 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).

2. ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

7.  The applicant complained principally of the non-enforcement of the domestic decision given in his favour and of the lack of any effective remedy in domestic law. He relied, expressly or in substance, on Article 6 § 1 and Article 13 of the Convention and on Article 1 of Protocol No. 
1.

8.  The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a "hearing" for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997-II).

9.  In the leading case of Gerasimov and Others v. Russia, nos. 29920/05 and 10 others, 1 July 2014, the Court already found a violation in respect of issues similar to those in the present case.

10.  The Court further notes that the decision in the applicant's favour under examination ordered specific action to be taken (see the appended table for details). The Court therefore considers that the decision in question constitutes "possessions" within the meaning of Article 1 of Protocol No. 
1.

11.  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 authorities did not deploy all necessary efforts to enforce fully and in due time the decision in the applicant's favour.

12.  The Court further notes that the applicant did not have at his disposal an effective remedy in respect of these complaints.

13.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention, Article 1 of Protocol No. 1 and of Article 13 of the Convention.

3. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

14.  The applicant 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 findings in S.P. and Others v. Russia (nos. 36463/11 and 10 others, 2 May 2023, concerning degrading treatment of inmates in correctional facilities on account of their inferior position in an informal prisoner hierarchy.

4. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15.  Regard being had to the documents in its possession and to its case-law (see, in particular, Gerasimov and Others, and S.P. and Others, both cited above), the Court considers it reasonable to award the sum indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Holds that it has jurisdiction to deal with this application as it relates to the facts that took place before 16 September 2022;
2. Declares the application admissible;
3. Holds that this application discloses a breach of Article 6 § 1 of the Convention, Article 1 of Protocol No. 1 and of Article 13 of the Convention concerning the non-enforcement of the domestic decision and the lack of any effective remedy in domestic law;
4. Holds that there has been a violation of the Convention as regards the other complaints raised the under well-established case-law of the Court (see the appended table);
5. Holds

(a)  that the respondent State is to pay the applicant, within three months, the amount 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 amount 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 5 September 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Branko Lubarda
 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions and lack of any effective remedy in domestic law)

[1] Plus any tax that may be chargeable to the applicant.