KOMAROV AND OTHERS v. RUSSIA - 59242/19 (Article 3 - Prohibition of torture : Third Section Committee) [2024] ECHR 611 (04 July 2024)

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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:

PROCEDURE


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

  1. 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.

  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).

  1. 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).

  1. 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).

  1. 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,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the applications admissible;
  4. 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;
  5. 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);
  6. 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;
  7. 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;
  8. 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)

No.

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]

  1.    

59242/19

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

  1.    

59284/19

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

  1.    

60946/19

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

  1.    

62669/19

14/11/2019

Yevgeniy Yuryevich PETRUNIN

1973

 

 

Minusinsk Town Court

24/05/2019

 

7,500

  1.    

62937/19

04/02/2020

Aleksandr Yevgenyevich DATSIY

1988

 

 

Sverdlovskiy District Court of Krasnoyarsk

04/09/2019

 

7,500

  1.    

64329/19

09/12/2019

Dmitriy Yevgenyevich ZHIDKIKH

1977

 

 

Omskiy District Court of the Omsk Region

21/06/2019

 

7,500

  1.    

65268/19

25/11/2019

Ivan Yuryevich LAGONSKIY

1994

Vtorushina Olga Aleksandrovna

Tyumen

Khanty-Mansiyskiy District Court

08/08/2019

 

7,500

  1.    

489/20

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

  1.    

1601/20

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

  1.  

1655/20

10/12/2019

Yevgeniy Yuryevich IVANOV

1974

 

 

Berezovskiy District Court of the Krasnoyarsk Region

12/07/2019

 

7,500

  1.  

2421/20

23/12/2019

Vladimir Vladimirovich SAFYANOV

1991

 

 

 

Vorkuta Town Court

01/07/2019

 

7,500

  1.  

2708/20

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

  1.  

3966/20

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

  1.  

6540/20

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

  1.  

6771/20

03/01/2020

Alisher Yakheyevich DZHURAYEV

1989

Golets Yevgeniya Sergeyevna

Moscow

Surgut Town Court

25/07/2019

 

7,500

  1.  

6829/20

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

  1.  

7001/20

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

  1.  

7794/20

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

  1.  

8537/20

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

  1.  

8753/20

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

  1.  

9116/20

28/01/2020

Valeriy Ivanovich MOKSHIN

1971

 

 

Novosibirsk Regional Court; Supreme Court of Russia

01/08/2019

 

7,500

  1.  

9621/20

01/02/2020

Alfred Vayazovich BASHIROV

1968

 

 

Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court

12/12/2019

 

7,500

  1.  

12253/20

20/02/2020

Rakhmatillo Razivoyevich SHARIPOV

1999

Sergeyeva Yelizaveta Alekseyevna

Tyumen

Surgut Town Court

27/09/2019

 

7,500

  1.  

12272/20

20/02/2020

Takhir Ganir ogly AKHMEDOV

1970

Sergeyeva Yelizaveta Alekseyevna

Tyumen

Leninskiy District Court of Tyumen

25/09/2019

 

7,500

  1.  

12917/20

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

  1.  

14130/20

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

  1.  

14599/20

20/02/2020

Ruslan Dmitriyevich ISIMBAYEV

1989

 

 

Berezovskiy District Court of the Khanty-Mansiysk Autonomous Region - Yugra

30/10/2019

 

7,500

  1.  

15105/20

02/03/2020

Sergey Sergeyevich BABURA

1981

 

 

Krasnoyarsk Regional Court

05/09/2019

 

7,500

  1.  

15458/20

13/03/2020

Yevgeniy Anatolyevich BEREZHNOV

1969

Polonskiy Aleksandr Viktorovich

Volgograd

Kamyshyn Town Court of the Volgograd Region

06/02/2020

 

7,500

  1.  

17760/20

26/03/2020

Ivan Vasilyevich MELNIK

1983

Isayev Ayndi Khamzatovich

Krasnoyarsk

Bolshemurtinskiy District Court of the Krasnoyarsk Region

03/02/2020

 

7,500

  1.  

18413/20

28/03/2020

Ivan Sergeyevich KHNYKIN

1983

 

 

Nizhnevartovsk Town Court of the Khanty-Mansiysk Autonomous Region - Yugra

30/09/2019

 

7,500

  1.  

19438/20

18/03/2020

Rustam Ablulla ogly BABAYEV

1997

Sergeyeva Yelizaveta Alekseyevna

Tyumen

Tsentralnyy District Court of Tyumen

28/11/2019

 

7,500

  1.  

20495/20

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

  1.  

20616/20

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

  1.  

24099/20

19/05/2020

Andrey Nikolayevich STRAKHOV

1981

Sergeyeva Yelizaveta Alekseyevna

Tyumen

Tsentralnyy District Court of Tyumen

04/03/2020

 

7,500

  1.  

28225/20

01/06/2020

Sergey Nikolayevich RYABOV

1959

Kopayeva Yuta Yuryevna

Nizhniy Tagil

Sverdlovsk Regional Court

22/10/2019

 

7,500

  1.  

28313/20

02/04/2020

Nikolay Viktorovich KOLESNIKOV

1994

Sergeyeva Yelizaveta Alekseyevna

Tyumen

Tsentralnyy District Court of Tyumen

19/11/2019

 

7,500

  1.  

28510/20

13/05/2020

Sergey Mazitovich TUKTAGULOV

1977

Golubenko Andrey Yevgenyevich

Nea Skiony

Dzerzhinskiy District Court of Orenburg

18/05/2020

 

7,500

  1.  

30230/20

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

  1.  

31837/20

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

  1.  

41383/20

27/08/2020

Sergey Sergeyevich TITOV

1985

Isayev Ayndi Khamzatovich

Krasnoyarsk

Zheleznodorozhnyy District Court of Krasnoyarsk

27/02/2020

 

7,500

  1.  

46827/20

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

  1.  

51427/20

06/11/2020

Roman Nikolayevich DARUSHIN

1979

Perevozchikov Andrey Vladimirovich

Yaroslavl

Uglichskiy District Court of the Yaroslavl Region

18/10/2020

 

7,500

  1.  

53686/20

11/11/2020

Yuriy Vitalyevich ALNYKIN

1980

Isayev Ayndi Khamzatovich

Krasnoyarsk

Krasnoyarsk Town Court

26/08/2020

 

7,500

  1.  

53687/20

11/11/2020

Igor Viktorovich KOZHELENISTOV

1975

Isayev Ayndi Khamzatovich

Krasnoyarsk

Krasnoyarsk Town Court

19/08/2020

 

7,500

  1.  

53688/20

11/11/2020

Andrey Sergeyevich KOKIN

1988

Isayev Ayndi Khamzatovich

Krasnoyarsk

Krasnoyarsk Town Court

18/08/2020

 

7,500

  1.  

53689/20

11/11/2020

Roman Sergeyevich RUMYANTSEV

1992

Zhdanov Vladimir Viktorovich

Krasnoyarsk

Tsentralnyy District Court of Krasnoyarsk

12/08/2020

 

7,500

  1.  

55614/20

24/11/2020

Nurali Saidaliyevich MUKHTOROV

1989

Isayev Ayndi Khamzatovich

Krasnoyarsk

Oktyabrskiy District Court of Krasnoyarsk

29/07/2020

 

7,500

  1.  

2242/21

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

  1.  

3457/21

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.

  1.  

52099/21

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.


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