CASE OF VORONTSOV AND OTHERS v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Alena Poláčková;Branko Lubarda;Dmitry Dedov;Georgios A. Serghides;Helen Keller;Helena Jäderblom;Luis López Guerra
5. The applicants were born in 1977, 1972 and 1987 respectively and lived before their convictions in Krasnoyarsk, Cheboksary and Vologda Region. 6. The facts of the applications, as submitted by the parties, may be summarised as follows. 7. On 3 May 2013 the applicant was arrested on suspicion of having committed a crime. 8. On 4 May 2013 the Oktyabrskiy District Court of Krasnoyarsk (“the District Court”) remanded the applicant in custody. 9. On 11 June and 11 November 2013, and 14 February 2014 the District Court extended the applicant’s detention until 30 November 2013, 28 February and 28 May 2014 respectively. 10. On 4 April 2014 the District Court convicted the applicant of robbery and sentenced him to three years and six months’ imprisonment. The applicant appealed. 11. During the hearings before the District Court on 11 June, 26 July, 1 October, and 11 November 2013, and 14 February, 14, 21 and 27 March, and 2, 3 and 4 April 2014 the applicant was held in a metal cage. 12. On 23 June 2015 the Krasnoyarsk Regional Court upheld the judgment of 4 April 2014 on appeal. 13. On 30 June 2011 the Novocheboksarsk Town Court of the Chuvash Republic convicted the applicant of embezzlement and the illegal acquisition, storage, transfer, transportation and possession of firearms and sentenced him to four years’ imprisonment. 14. On 11 February 2013 the Leninskiy District Court of Cheboksary (“the District Court”) convicted the applicant of fraud committed through abuse of position and sentenced him to a fine. 15. On 1 August 2013 the Supreme Court of the Chuvash Republic reduced the applicant’s fine. 16. However, on 18 October 2013 the Presidium of the Supreme Court of the Chuvash Republic granted a cassation appeal lodged by the Prosecutor of the Chuvash Republic and quashed the judgment of 11 February 2013 and the appeal decision of 1 August 2013. The case was remitted to the District Court for fresh examination. 17. On 29 April 2014 the District Court convicted the applicant on nine counts of fraud, acquitted him of a further four counts of fraud and sentenced him to seven years’ imprisonment, taking into account the fact that the applicant had not fully served the sentence imposed on him on 30 June 2011. 18. On 25 June 2014 the Supreme Court of the Chuvash Republic reclassified the nine counts of fraud on which the applicant had been convicted and sentenced him to seven years’ imprisonment. As regards the four counts of fraud of which the applicant had been acquitted, the Supreme Court quashed the judgment on appeal and remitted the case for fresh examination. Those proceedings are still pending. 19. During the proceedings before the District Court and the Supreme Court of the Chuvash Republic the applicant was confined in a metal cage. 20. On 16 September 2014 the applicant was arrested on suspicion of having committed a crime. 21. On 17 September 2014 the Cherepovets Town Court of the Vologda Region (“the Town Court”) remanded the applicant in custody. 22. On 10 November 2014 the Town Court extended the applicant’s detention. 23. On 12 December 2014 the Town Court convicted the applicant of inflicting grievous bodily harm and sentenced him to three years’ imprisonment. 24. The applicant was confined in a metal cage when the custodial measure was applied to him, when it was subsequently extended and during the trial.