CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s49634500 { height:30.9pt } .sDCC06575 { height:31.15pt } Published on 26 June 2023   FOURTH SECTION Application no.   10881/21 Anton Borisovich SOLDATOV against Russia and 38 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 3 of the Convention relating to use of metal cages and/or other security arrangements in courtrooms which are the subject of well-established case law of the Court (see 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).   APPENDIX – STATEMENT OF FACTS 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 Start date End date Other complaints under well-established case-law     10881/21* 28/05/2021 Anton Borisovich SOLDATOV 1987 Alla Igorevna Dunayeva Chelyabinsk Fourth Appellate Court of General Jurisdiction 30/11/2020 10/11/2020 30/11/2020 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     35403/21* 06/07/2021 Anna Tamazovna KVASHINA 1990     Sokolskiy District Court of the Vologda Region 03/02/2021 03/02/2021 03/02/2021       3399/22 20/12/2021 Yuriy Vitalyevich ADRIANOV 1975 Aleksandr Viktorovich Polonskiy Volgograd Kirovskiy District Court of Volgograd   15/09/2021 Pending on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     4077/22* 12/12/2021 Mikhail Yevgenyevich KOTLYAROV 1990     Tosno Town Court of the Leningrad Region, Leningrad Regional Court   05/03/2021 24/11/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings;   Art. 5 (3) - excessive length of pre-trial detention - from 28/02/2020 - pending; Tosno Town Court of the Leningrad Region, Leningrad Regional Court; last extension of pre-trial detention - 13/07/2021, upheld by the Leningrad Regional Court on appeal on 19/08/2021; fragility of the reasons employed by the courts;, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice;, failure to examine the possibility of applying other measures of restraint, collective detention orders;   Art. 5 (4) - excessive length of judicial review of detention - decision of 13/07/2021 extending the applicant’s detention on remand was upheld on appeal on 19/08/2021.     4477/22 30/12/2021 Artur Ilyasovich ABDULMUTALIBOV 1987 Andrey Yuryevich Finashkin Kursk Kurskiy District Court of the Kursk Region   29/12/2020 01/07/2021 Art. 3 - inadequate conditions of detention during transport - the applicant was transported on numerous occasions between the remand prison and the courthouse in a single-prisoner cubicle measuring 0,5 sq. m. Due to the absence of free convoy cells at the courthouse the applicant was held in the prison van until the start of the hearings and during court breaks. There was no toilet in the van, inadequate temperature, lack of fresh air.     4755/22 20/12/2021 Ilnur Amirovich FAYZULIN 1995 Natalya Vasilyevna Alekseyeva Krasnoyarsk Tsentralnyy District Court of Krasnoyarsk   17/08/2021 16/11/2021       4935/22* 02/04/2022 Vadim Valeryevich ANIKEYEV 1982     Arkhangelsk Regional Court, Placement in a glass cabin with metal structure with 5 other co-defendants, 0.67 sq. m. of personal space. The applicants has to endure the court hearings in these conditions for several hours five days a week for a period of about 5 years. Furthermore, the applicant’s trial was closely followed by the national mass media, permanently exposing him to the public 25/01/2017 Pending on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - by van between the remand prison and the Arkhangelsk Regional Court on 456 occasions between 25/01/2017 and 27/12/2022, 0,32 sq. m. of personal space, van ceiling height 1.5   m, handcuffing, absence of safety belts, inadequate temperatures, transport took 50 minutes one way, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, passive smoking;   Art. 6 (1) - excessive length of criminal proceedings - Proceedings pending since 14/11/2014; the applicant challenged the length of the proceedings before the domestic courts and was awarded RUB 70,300 (approximately EUR 800), final decision 15/09/2022.     5234/22* 03/04/2022 Pavel Petrovich PETROVSKIY 1964     Kirovskiy District Court of St   Petersburg, Kuybyshevskiy District Court of St   Petersburg, St   Petersburg City Court   03/12/2018 Pending on the date when the application was lodged with the Court Art. 3 - inadequate conditions of detention during transport - Transport on multiple occasions between 24/01/2019 and 31/03/2022, between 0.2 and 0.25 sq. m. of personal space, transport time - 2 hours per one-way trip, absence of toilet; poor conditions in assembly cells on the days of transport (20 to 30 inmates confined in the cell measuring 15   sq. m., no ventilation in the cell, the window could not be opened, no hot food on the days of transport, poor sanitary conditions).     5737/22 26/12/2021 Vitaliy Vyacheslavovich KOREPANOV 1992     Severodvinsk Town Court of the Arkhangelsk Region 17/01/2022 14/12/2021 17/01/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention during transport;   Art. 3 - inadequate conditions of detention during transport - by van and train, 06/05/2021 - 17/12/2021, overcrowding (0.49 sq. m. per person in the van and 0.29 sq. m. per person on the train), absence of toilet on a 20 hours’ train ride, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air, passive smoking.   5808/22 14/01/2022 Aleksandr Borisovich OZEL 1991 Leonid Leonidovich Krikun St Petersburg Tver Regional Court 14/07/2021 14/07/2021 14/07/2021     5880/22* 30/05/2022 Roman Alekseyevich MOKRUSHNIKOV 1992           Norilsk Town Court   13/08/2020 23/05/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   10838/22* 19/02/2022 Vladimir Valeryevich ZAVALIY 1975 Andrey Yevgenyevich Golubenko Nea Skiony Murmansk Regional Court 10/12/2021 28/11/2021 10/12/2021 Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Murmansk, 21/05/2021 - 29/01/2022, opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory and/or shower room;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of permanent video surveillance in detention facilities.   11410/22 31/01/2022 Ivan Sergeyevich LISICHNIKOV 1978 Mikhail Maisovich Tsarenkov Molodezhnyy Tsentralniy District Court of Chita, Zabaykalskiy Regional Court   14/10/2020 Pending on the date when the application was lodged with the Court Art. 5 (3) - excessive length of pre-trial detention - detention on remand, 14/10/2020 - pending, Tsentralniy District Court of Chita, Zabaykalskiy Regional Court: fragility of the reasons employed by the courts, use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice, fragility and repetitiveness of the reasoning employed by the courts as the case progressed, failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial.   11775/22* 16/02/2022 Aynur Azatovich YAKUPOV 1989 Elik Yevgenyevich Abdrashitov Orel Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan 22/12/2021 07/04/2020 22/12/2021 Art. 5 (3) - excessive length of pre-trial detention - 07/04/2020 -22/12/2021; Vakhitovskiy District Court of Kazan, Supreme Court of the Republic of Tatarstan, Fourth Appellate Court of General Jurisdiction: fragility of the reasons employed by the courts, failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding, fragility and repetitiveness of the reasoning employed by the courts as the case progressed, failure to examine the possibility of applying other measures of restraint, failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial, collective detention orders;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   12538/22 26/04/2022 Aleksandr Ivanovich BURAVENKO 1994     Ezhvinskiy District Court of Syktyvkar 31/01/2022 28/10/2021 31/01/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   13837/22* 10/02/2022 Yuriy Vladimirovich GRUDININ 1959 Aleksandr Vladimirovich Kiryanov Taganrog Leninskiy District Court of Rostov-on-Don 24/12/2021 24/12/2021 24/12/2021     14047/22 04/02/2022 Yevgeniy Aleksandrovich DEMCHENKO 1980     Sysolskiy District Court of the Republic of Komi, Priluzskiy District Court of the Republic of Komi 03/02/2021 13/08/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   18252/22* 17/03/2022 Aleksandr Sergeyevich ZAYCHENKO 1989     Sverdlovskiy District Court of Krasnoyarsk 24/01/2022 11/09/2021 24/01/2022     19962/22 28/03/2022 Pavel Vladimirovich GORINOV 1982     Kanashskiy District Court of the Republic of Chuvashia 01/10/2021 18/06/2021 01/10/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   20220/22 20/03/2022 Nurlan Vyacheslavovich USHAKOV 1988     Belozerskiy District Court of the Vologda Region; Oktyabrskiy District Court of Orsk, the Orenburg Region, by way of a video conference from a detention facility 24/02/2022 27/01/2022           24/02/2022           Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   20728/22* 29/03/2022 Leonid Yegorovich DENDOBRENKO 1988     Slantsy Town Court of the Leningrad Region 01/09/2021 18/09/2020 01/09/2021     21519/22* 28/03/2022 Vladimir Yuryevich CHEKULDAYEV 1977     Ivdel Town Court, Sorskiy District Court of the Republic of Khakassiya, Abakan Town Court, by way of a video conference from a detention facility 09/08/2021 24/03/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   21802/22* 12/04/2022 Natalya Yuryevna TOMILOVA 1964 Elik Yevgenyevich Abdrashitov Orel Kirovskiy District Court of Kazan 27/12/2021 11/01/2021 27/12/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   21968/22 23/03/2022 Leonid Vasilyevich FILIPPOV 1990 Roman Nikolayevich Petrov Cheboksary Shumerlinskiy District Court of the Republic of Chuvashia, Supreme Court of the Republic of Chuvashia 28/12/2021 28/09/2021 28/12/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   24229/22 21/03/2022 Andrey Sergeyevich VELICHKO 1989     Syktyvdinskiy District Court of the Republic of Komi   27/12/2021 01/02/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   24928/22 27/04/2022 Yevgeniya Igorevna MAKARENKO 1996     Solntsevskiy District Court of Moscow 19/04/2022 19/04/2022 19/04/2022     25216/22* 26/04/2022 Vasiliy Leonidovich GUZ 1985     Supreme Court of the Republic of Komi 28/12/2021   02/11/2021 28/12/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   25271/22* 13/04/2022 Aleksandr Anatolyevich SOKOLYUK 1981     Oktyabrskiy District Court of Arkhangelsk, Lomonosovskiy District Court of Arkhangelsk, Arkhangelsk Regional Court 14/10/2021 29/11/2018 14/10/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   25386/22* 18/04/2022 Yevgeniy Gennadyevich GERASIMOV 1982     Sverdlovskiy District Court of Krasnoyarsk, Sovetskiy District Court of Krasnoyarsk 17/03/2021 16/02/2022 17/03/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   25461/22* 22/04/2022 Denis Ruslanovich SULEYMANOV 1995 Valeriy Viktorovich Kanayev Diveyevo Arzamas Town Court of the Nizhniy Novgorod Region 13/01/2022 13/01/2022 Pending on the date when the application was lodged with the Court     26001/22* 04/05/2022 Dmitriy Yuryevich ISAYEV 1974     Perm Regional Court, by way of a video conference from a detention facility 18/01/2022 18/01/2022 18/01/2022 Art. 3 - inadequate conditions of detention under strict imprisonment regime - applicant serving his life imprisonment under strict regime from 25/10/1999 - pending: confined to his cell (along with one or two other inmates) for twenty-two-and-a-half hours a day, lack of purposeful activity, extremely limited outside exercise, isolation from the rest of the prison community. Brought proceedings in order to have the regime of his detention altered with a milder one, but the domestic courts held that the domestic law did not provide for the possibility for those sentenced to life imprisonment to have the regime of their detention reviewed;   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings and in respect of inadequate conditions of detention.   27548/22 03/03/2022 Mikhail Vsevolodovich SPIRIN 1995     Justice of the Peace of the Dimitrovskiy Court Circuit of Syktyvkar 15/09/2021 11/08/2021 15/09/2021 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   28788/22 10/05/2022 Sergey Anatolyevich BROZYANSKIY 1982     Krasnoyarsk Regional Court   18/01/2022 Pending on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   32085/22 03/06/2022 Maksudbek Dilshadovich KHUSANBAYEV 2001 Pavel Nikolayevich Zubitskiy Moscow Naro-Fominsk Town Court of Moscow Region, Moscow Regional Court   22/02/2022 Pending on the date when the application was lodged with the Court Art. 5 (4) - excessive length of judicial review of detention - Naro-Fominsk Town Court of Moscow Region, detention order on 22/02/2022 - reviewed by the Moscow Regional Court on 29/03/2022; Naro-Fominsk Town Court of Moscow Region, detention order on 01/04/2022 - reviewed by the Moscow Regional Court, on 17/05/2022; Procedural deficiencies: lack of speediness of review of detention ( Idalov v. Russia [GC], no. 5826/03, §§   154 ‑ 158, 22 May 2012)   Art. 5 (3) - lack of relevant and sufficient reasons for detention - the applicant was arrested on suspicion of extortion on 12/01/2022 and detained on remand on 14/01/2022. Alleges: fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility of applying other measures of restraint.   33684/22* 20/06/2022 Andrey Olegovich DUBROVIN 1986     Sovetskiy District Court of Krasnodar, Krasnodar Regional Court   02/04/2020 Pending on the date when the application was lodged with the Court Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   34237/22* 22/06/2022 Yevgeniy Igorevich AFANASIYEV 1983 Narine Pavlovna Ayrapetyan Stavropol Kochyubeyevskiy District Court of the Stavropol Region, Stavropol Regional Court 23/03/2022 22/12/2021 23/03/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   41329/22* 12/08/2022 Ivan Sergeyevich PRIKHODKOV 1991 Marina Sergeyevna Sheykina Chita Eighth Cassation Court of General Jurisdiction 12/04/2022 12/04/2022 12/04/2022     42453/22* 12/08/2022 Yegor Sergeyevich AFANASYEV 1989 Marina Sergeyevna Sheykina Chita Eighth Cassation Court of General Jurisdiction 12/04/2022 12/04/2022 12/04/2022     44999/22* 10/09/2022 Aleksandr Vasilyevich KASARAKIN 1970 Oksana Vladimirovna Preobrazhenskaya Strasbourg Oktyabrskiy District Court of Ulan-Ude, Supreme Court of the Republic of Buryatia, by way of a video conference from the detention facility 12/05/2022 22/02/2022 12/05/2022 Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.