Moroz and Orudzhev v. Russia

THIRD SECTION

Applications nos. 42277/11 and 61366/14 Vladimir Mikhaylovich MOROZ against Russia and Afgan Mekhti Ogly ORUDZHEV against Russia (see list appended)

The European Court of Human Rights (Third Section), sitting on 17 November 2016 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant and the relevant details of the applications are set out in the appended table.

The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Russian Government (“the Government”). They also complained under Article 13 of the Convention.

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Article 3 of the Convention (inadequate conditions of detention)

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the complaints under Article 3 of the Convention about poor conditions of detention were submitted belatedly.

The Court observes that the two applicants complained about inadequate conditions of their detention in the Russian penal facilities. The documents submitted by the Government show that their detention in these facilities ended in 2009 (application no. 42277/11) and on 18 June 2014 (application no. 61366/14). The applicants, however, only complained to the Court on 5 June 2011 and 8 January 2015, respectively. The Court reiterates in this respect that in the absence of an effective remedy for that grievance, the complaint about inadequate conditions of detention should have been introduced within six months of the last day of the applicants’ detention (see Norkin v. Russia (dec.), no. 21 056/11, 5 February 2013, and Markov and Belentsov v. Russia (dec.), nos. 47696/09 and 79806/12, 10 December 2013). However, the periods complained of had ended more than six months before the applicants lodged their complaints with the Court (for more details see appended table). It follows that these complaints are inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4.

C. Remaining complaints

The applicants also complained under Article 13 of the Convention.

According to the Court’s established case-law, Article 13 applies only where an individual has an “arguable claim” to be the victim of a violation of a Convention right (see Boyle and Rice v. the United Kingdom , 27 April 1988, § 52, Series A no. 131).

Having regard to the findings above that the applicants have not complied with the six-month requirement in respect of their complaint under Article 3 about the conditions of detention, the Court thus concludes that he did not have an “arguable claim”, and that therefore Article 13 is inapplicable.

It follows that this part of the applications must be rejected in accordance in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 8 December 2016.

Hasan Bakırcı Helena Jäderblom Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Other complaints under

well-established case-law

42277/11

05/06/2011

Vladimir Mikhaylovich MOROZ

19/10/1956

IVS Slavyansk-On-Kuban

13/04/2006 -

2009

More than 2 years

2.5 m²

No natural light, damp and cold cell, infestation with cockroaches and other insects, toilet not separated from living area, no bed clothing or bedding, poor quality of food provided twice a day.

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention

61366/14

08/01/2015

Afgan Mekhti Ogly ORUDZHEV

01/06/1958

IZ-63/1 Samara

30/04/2013 to

18/06/2014

1 year(s) and

1 month(s) and

20 day(s)

1.5 m²

Dim electric light, lack of natural light, lack of ventilation and fresh air, poor quality of food.

Art. 13 - lack of any effective remedy in respect of inadequate conditions of detention