Last Updated on October 26, 2023 by LawEuro
The applicants complained of the inadequate conditions of detention during their transport. Some applicants also raised other complaints under the provisions of the Convention.
FIRST SECTION
CASE OF FAZIYEV AND OTHERS v. RUSSIA
(Applications nos. 25056/14 and 49 others – see appended list)
JUDGMENT
STRASBOURG
26 October 2023
This judgment is final but it may be subject to editorial revision.
In the case of Faziyev and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 5 October 2023,
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 of the inadequate conditions of detention during their transport. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. 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.
II. 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).
III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
7. The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present case.
10. 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 applicants’ conditions of detention during their transport were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
IV. 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 Tomov and Others, cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaint about conditions of detention during transport; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees; Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012, related to inadequate conditions of detention).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint lodged by some applicants under Article 13 of the Convention in respect of the alleged lack of remedies to complain about their placement in a metal cage in the courtrooms or about poor conditions of detention in pre-trial detention facilities (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
15. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022;
3. Declares the applications admissible;
4. Holds that there has been a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
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 appended table);
6. Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of lack of domestic remedies to complain about the placement in a metal cage in the courtrooms or poor conditions of detention in pre-trial detention facilities;
7. Holds
(a) that the respondent State is to pay the 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 during the default period plus three percentage points.
Done in English, and notified in writing on 26 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
______________
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
| No. | Application no.
Date of introduction |
Applicant’s name
Year of birth
|
Representative’s name and location | Means of transport
Start and end date |
Sq. m per inmate | Specific grievances | Other complaints under well‑established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[i] |
| 1. | 25056/14
26/02/2014 |
Dmitriy Gennadyevich FAZIYEV
1984 |
|
train (Novosibirsk – Kharp)
27/08/2013 to 17/09/2013 |
1.1 m²
|
insufficient number of sleeping places, no or restricted access to toilet
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 2. | 52705/17
06/02/2018 |
Aleksandr Viktorovich KVITKO
1959 |
|
van, numerous instances of transport from the detention facility to the courthouse
14/06/2017 to 14/08/2017 |
0.26-0.75 m²
|
applicant transported on numerous occasions, lack of or insufficient electric light, lack of seat belts and handles, lack of fresh air, inadequate temperature, passive smoking, overcrowding, no or restricted access to potable water, no or restricted access to toilet, accommodation with inmates under stricter regime | 1,000 | |
| 3. | 70220/17
04/09/2017 |
Maksim Fedorovich STARCHENKO
1985 |
|
van, train
02/08/2020 to 03/08/2020
van, train 07/02/2021 to 08/02/2021
van, train 16/02/2021 to 17/02/2021 |
0.3 m²
0.3 m²
0.3 m²
|
applicant transported on numerous occasions, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or insufficient quantity of food, overcrowding
inadequate temperature, overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, transport from a colony to a prison hospital
inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, overcrowding, transport from a prison hospital back to the colony. |
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in a metal cage in the Vorkuta Town Court from 29/08/2016 to 19/05/2017 | 8,500 |
| 4. | 72663/17
09/10/2017 |
Samir Adil Ogly ISRAFILOV
1985 |
Roza Saidovna Magomedova
Moscow |
van
27/04/2017 to 03/06/2017 |
0.2 m²
|
lack of fresh air, no food, restricted access to potable water, no or restricted access to toilet, insufficient light | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 5. | 73800/17
14/09/2017 |
Gennadiy Yevgenyevich SOBOLEV
1985 |
Yevgeniy Sergeyevich Yezhov
Velikiy Novgorod |
van, convoy cells in courthouses
02/08/2016 to 11/07/2017 |
overcrowding, cramped individual compartments in prison vans
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 6. | 78403/17
21/05/2018 |
Nikolay Petrovich KRIVOLAPOV
1968 |
Artem Leonidovich Osipov
Moscow |
van
06/06/2017 to 22/11/2017 |
0.7 m²
|
no or restricted access to toilet, passive smoking, lack of food, lack of fresh air
|
1,000 | |
| 7. | 5711/18
16/01/2018 |
Andrey Mikhaylovich VOZHOV
1979 |
Marina Aleksandrovna Belinskaya
St Petersburg |
van
17/12/2016 to 26/12/2018 |
0.4 m²
|
overcrowding; numerous occasions of transport
|
Art. 3 – inadequate conditions of detention – IZ‑47/3,
IZ-47/4, IZ-47/5 St Petersburg Region; from 17/12/2016 to 31/10/2018; 3.5 sq. m. of personal space; lack of privacy for toilet, poor quality of food, lack of toiletries, lack of requisite medical assistance, infestation of cell with insects/rodents
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
|
10,200 |
| 8. | 11376/18
30/01/2018 |
Andrey Antonovich BOBROV
1995 |
|
van
19/12/2017 to 19/01/2018
transit cell, van, train 25/02/2019 to 18/04/2019 |
0.4 m²
0.3 m²
|
overcrowding, lack of fresh air, inadequate temperature
overcrowding, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, lack of fresh air, insufficient number of sleeping places, lack of a sitting place, lack or insufficient quantity of food, passive smoking, lack of or poor quality of bedding and bed linen |
1,000 | |
| 9. | 16113/18
12/03/2018 |
Aleksandr Nikolayevich SHALAMOV
1976 |
Aleksandr Vladimirovich Vinogradov
Kostroma |
train, transit cell
19/10/2017 to 25/01/2018 |
0.3 m²
|
overcrowding
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 10. | 18544/18
17/10/2018 |
Dmitriy Sergeyevich NARTOV
1990 |
|
train
01/10/2018 to 02/10/2018 |
0.6 m²
|
no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to running water, passive smoking, lack of fresh air | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 11. | 18943/18
27/03/2018 |
Maksim Olegovich SIDORENKOV
1983 |
|
train
04/11/2017 to 05/11/2017 |
0.3 m²
|
overcrowding, insufficient number of sleeping places | 1,000 | |
| 12. | 21051/18
22/07/2018 |
Mikhail Sergeyevich MATSAPEY
1995 |
|
train
28/07/2018 to 15/08/2018 |
0.4 m²
|
overcrowding, lack of or poor quality of bedding and bed linen, bunk beds, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light
|
1,000 | |
| 13. | 24226/18
23/04/2018 |
Igor Yevgenyevich PUKHACHEV
1980 |
|
train, transit cell, van
15/09/2019 to 25/09/2019
train, van 19/05/2021 to 20/05/2021 |
0.4 m²
|
overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, lack of fresh air
bunk beds, applicant transported on numerous occasions, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, overcrowding |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 14. | 24779/18
17/10/2018 |
Aleksandr Leonidovich AVDEYEV
1978 |
|
van, (12 trips)
11/01/2018 to 27/08/2018 |
0.2 m²
|
overcrowding
|
1,000 | |
| 15. | 25027/18
03/05/2018 |
Denis Vladimirovich KIRILLOV
1992 |
|
train
27/12/2017 to 21/01/2018 |
0.34 m²
|
overcrowding, lack of fresh air, no or restricted access to toilet
|
1,000 | |
| 16. | 25030/18
03/05/2018 |
Aleksandr Olegovich LASTOCHKIN
1995 |
|
van, transit cell
23/06/2017 to 18/04/2018
train, van, transport from the pre-trial detention facility in St Petersburg to serve sentence in a correctional colony in the Yamalo-Nenetsk Autonomous Region, transit cell 26/09/2018 to 11/10/2018
|
0.3 m²
|
numerous occasions of transport from the detention facility to the courthouse or to take part in investigative actions, overcrowding, no or restricted access to toilet, passive smoking, no or restricted access to potable water, poor quality of food
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, passive smoking, overcrowding |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 17. | 25189/18
17/05/2018 |
Stanislav Vyacheslavovich KARMANOV
1986 |
|
van, train
26/11/2017 to 27/11/2017
van, train 01/02/2018 to 02/02/2018
van, train 15/04/2018 to 15/04/2018
train, transit cell, van 17/05/2018 to 21/06/2018
van 03/02/2019 to 04/02/2019
train 03/02/2019 to 04/02/2019
van, 8-hour long journey 06/03/2019 to 06/03/2019 |
0.3 m²
0.3 m²
0.3 m²
0.3 m²
0.38 m²
0.37 m²
0.7 m²
|
overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of fresh air
overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light
see above
overcrowding, inadequate temperature, no handrails
overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no handrails
no or restricted access to toilet, lack of fresh air, inadequate temperature, no or restricted access to potable water |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 18. | 27914/18
26/05/2018 |
Sergey Olegovich YERYSHKANOV
1984 |
|
transit cell
13/02/2018 to 14/02/2018
van, transit cell 19/02/2018 to 26/02/2018 |
0.25 m²
0.3 m²
|
no food, no or restricted access to toilet, no sleeping place
overcrowding |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 19. | 29867/18
11/08/2018 |
Sergey Viktorovich POCHKUNOV
1964 |
|
train, van
18/02/2018 to 05/03/2018 |
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to toilet | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 20. | 30543/18
30/05/2018 |
Vyacheslav Vyacheslavovich KONONENKO
1984 |
|
van, holding cell at the prison hospital
25/05/2018 to 25/05/2018 |
0.3 m²
|
overcrowding, lack of fresh air, no or restricted access to toilet | Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – Between 24/10/2019 and 30/06/2021 the applicant served his sentence in IK-3, Orel Region. He complained about the video surveillance over his sleeping place and a toilet done by opposite-sex operators | 1,000 |
| 21. | 30559/18
10/06/2018 |
Andrey Vladimirovich TSYGANKOV
1974 |
|
transit cell, van
13/12/2017 to 04/05/2018 |
0.9 m²
|
overcrowding, constant electric light
|
1,000 | |
| 22. | 31738/18
26/06/2018 |
Sergey Nikolayevich FREYER
1973 |
Ivan Severovich Sidorov
Moscow |
van, holding cell at the remand prison
27/06/2013 to 01/03/2018 |
0.3-0.33 m²
|
inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, passive smoking, lack of fresh air, overcrowding, applicant transported on numerous occasions | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 23. | 33419/18
13/06/2018 |
Oleg Anatolyevich SLYUSARENKO
1987 |
|
train
22/01/2018 to 23/01/2018 |
0.3 m²
|
lack of fresh air, no or restricted access to toilet, overcrowding, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 24. | 33664/18
16/06/2018 |
Sergey Vladimirovich NOVIKOV
1985 |
Ernest Aleksandrovich Mezak
Saint-Barthélemy d’Anjou |
van
22/12/2017 to 26/03/2018 |
0.2 m²
|
inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, overcrowding, applicant transported on numerous occasions | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 25. | 33966/18
22/06/2018 |
Ivan Valentinovich MIKHEYEV
1973 |
|
van, train
15/01/2018 to 16/01/2018
train, van 07/02/2018 to 07/02/2018 |
0.3 (van), 0.2 (train) m²
0.2 m²
|
no individual place, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking, no possibility to sit during the transfer by van |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 26. | 34436/18
10/07/2018 |
Roman Nailevich AKHMEROV
1989 |
Ivan Severovich Sidorov
Moscow |
transit cell, van, transport on numerous occasions between the detention facility and the courthouse
16/09/2017 to 20/06/2018 |
0.3 m²
|
lack of fresh air, no or restricted access to toilet, poor quality of potable water, overcrowding
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 27. | 34542/18
10/07/2018 |
Aleksandr Yuryevich BARYSHNIKOV
2018 |
Ivan Severovich Sidorov
Moscow |
van
19/10/2015 to 17/04/2018 |
0.3 m²
|
overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to potable water, 5 to 10 hours’ transfers | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 28. | 34637/18
20/06/2018 |
Igor Nikolayevich KASYANENKO
1987 |
|
train
03/06/2016 to 23/02/2018 |
lack of fresh air, poor quality of food, no or restricted access to potable water, insufficient number of sleeping places | 1,000 | ||
| 29. | 34639/18
15/06/2018 |
Vitaliy Igorevich NIKOTIN
1983 |
|
train
21/02/2018 to 21/02/2018 |
0.2 m²
|
overcrowding
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 30. | 35092/18
29/06/2018 |
Tikhon Fedorovich MATROSOV
1985 |
|
train
27/05/2018 to 21/06/2018 |
0.4 m²
|
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 31. | 35120/18
10/07/2018 |
Maksim Sergeyevich SEMENOV
1991 |
|
train
27/06/2018 to 27/06/2018
train 05/10/2019 to 07/10/2019 |
0.5 m²
0.39 m²
|
lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, overcrowding
insufficient number of sleeping places, no or restricted access to toilet |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 32. | 35377/18
13/07/2018 |
Nikita Vladimirovich DEMIN
1984 |
Aleksandr Grigoryevich Berezin
Perm |
van, numerous occasions of transport from the remand prison to the courthouse and back
22/11/2016 to 15/01/2018 |
0.4 m²
|
overcrowding, passive smoking
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 33. | 36025/18
14/07/2018 |
Shamkhan Khuseynovich ABUYEV
1988 |
Innara Zhorayevna Bagdasaryan
Moscow |
van, transit cell
15/01/2018 to 15/01/2018 |
0.2 m²
|
overcrowding, lack of individual place in a van, lack of fresh air, inadequate temperature, mouldy or dirty cell, poor quality of potable water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light, no or restricted access to potable water | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 34. | 37074/18
23/07/2018 |
Andrey Viktorovich KARPOV
1976 |
Maksim Aleksandrovich Markin
St Petersburg |
van (IZ-47/4 St Petersburg – St Petersburg City Court –
8 roundtrips), convoy cells (St Petersburg City Court and IZ-47/4 St Petersburg) 19/04/2018 to 30/08/2018 |
0.36 m²
1 – 1.25 m²
|
inadequate temperature,
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 35. | 37127/18
12/07/2018 |
Yevgeniy Yuryevich NOVIKOV
1990 |
|
train, van
01/03/2018 to 01/03/2018 |
0.3-0.4 m²
|
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 36. | 37530/18
27/07/2018 |
Aleksandr Vasilyevich UTYUZHNIKOV
1982 |
Andrey Anatolyevich Malinin
Pechora |
train, van
11/07/2018 to 12/07/2018 |
0.3 m²
|
lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, overcrowding, no or restricted access to toilet, insufficient number of sleeping places | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 37. | 38475/18
01/08/2018 |
Dmitriy Aleksandrovich LOGINOV
1990 |
|
van, train
16/02/2018 to 18/02/2018
van, train 05/03/2018 to 07/03/2018
train, van 03/04/2019 to 04/04/2019 |
0.3 m²
|
overcrowding, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to toilet, poor quality of food
inadequate temperature, overcrowding, insufficient number of sleeping places, lack of ventilation, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to potable water, passive smoking, inadequate temperature |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 38. | 38909/18
31/07/2018 |
Nikita Vladimirovich USOV
1985 |
|
train
01/03/2018 to 05/03/2018
train 21/03/2018 to 25/03/2018
train 23/04/2018 to 23/04/2018
train, transit cell 03/09/2018 to 24/10/2018
train 07/11/2021 to 26/12/2021 |
0.3 m²
0.3 m²
0.3 m²
0.3 m²
|
lack of fresh air, poor quality of food, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen
see above
see above
see above
see above
|
1,000 | |
| 39. | 39141/18
05/10/2018 |
Dmitriy Viktorovich KUZMIN
1979 |
|
train
03/07/2018 to 04/07/2018
train 13/01/2019 to 20/01/2019
van, transit cell, train 30/03/2019 to 05/05/2019 |
0.35 m²
|
overcrowding, insufficient number of sleeping places, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to toilet, lack of fresh air, inadequate temperature
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to potable water
lack of or insufficient electric light, lack of fresh air, overcrowding, numerous occasions of transport, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to shower, mouldy or dirty cell |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 40. | 39885/18
09/08/2018 |
Danil Alekseyevich POPOV
1994 |
|
train
28/02/2018 to 30/07/2018 |
multiple instances of transport between detention facilities, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature
|
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage in the hearings before the Pechora Town Court, latest court hearing on 05/12/2018 | 8,500 | |
| 41. | 40000/18
17/07/2018 |
Oleg Vyacheslavovich SHUTIKOV
1980 |
|
train
13/05/2018 to 15/05/2018
train 27/05/2021 to 27/05/2021
train 20/11/2021 to 22/11/2021
train 15/02/2022 to 17/02/2022 |
0.6 m²
|
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, constant electric light
insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, overcrowding
lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, overcrowding, passive smoking, no or restricted access to toilet
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 42. | 40379/18
23/07/2018 |
Vyacheslav Sergeyevich PANASENKOV
1980 |
|
train, van
09/04/2018 to 09/04/2018
train, van 06/12/2018 to 16/12/2018 |
0.3 m²
0.32 m²
|
overcrowding
overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 43. | 40387/18
15/08/2018 |
Sergey Viktorovich DIDYCHENKO
1996 |
|
transit cell, van
31/07/2018 to 31/07/2018
train, van, transit cell 15/10/2018 to 16/10/2018
van 19/11/2018 to 01/03/2019
van 28/03/2019 to 28/03/2019 |
0.16 m²
0.16 m²
0.22-0.25 m² |
overcrowding
lack of fresh air, no or restricted access to toilet, overcrowding, no or restricted access to potable water
overcrowding, transport in a single-prisoner cubicles
overcrowding |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 – use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage since 10/06/2016 (most recent known occasion in 2019) in the court hearings before the Ezhvinskiy District Court of Syktyvkar, Komi Republic |
8,500 |
| 44. | 40404/18
29/07/2018 |
Sergey Viktorovich GUSEV
1989 |
Andrey Pavlovich Konakov
St Petersburg |
van
06/04/2017 to 21/06/2018 |
0.4-0.5 m²
|
inadequate temperature, lack of ventilation, no or restricted access to toilet, cuffs | 1,000 | |
| 45. | 40944/18
08/08/2018 |
Andrey Georgiyevich LISIMENKO
1976 |
|
train (Syktyvkar -Ukhta roundtrip)
09/06/2018 to 06/07/2018 |
0.5 m²
|
overcrowding, no or restricted access to toilet | 1,000 | |
| 46. | 41073/18
02/08/2018 |
Igor Viktorovich MAKSIMOV
1971 |
Ashot Aleksandrovich Andreyev
Syktyvkar |
train (Vologda – Ukhta)
02/02/2018 to 04/02/2018
train (Ukhta – Syktyvkar) 07/02/2018 to 07/02/2018
train (Syktyvkar-Ukhta) 09/04/2018 to 10/04/2018
train (Sosnogorsk – Vologda) 13/04/2018 to 14/04/2018
train (Vologda- St Petersburg) 17/04/2018 to 19/04/2018 train (St Petersburg- Murmansk) 22/04/2018 to 24/04/2018 |
<0.3 m²
<0.5 m²
0.4 m²
0.4 m²
<0.4 m²
<0.4 m²
|
overcrowding, insufficient number of sleeping places
overcrowding
lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet, overcrowding
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places overcrowding
overcrowding |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 47. | 41113/18
18/08/2018 |
Aleksandr Vitalyevich FROLOV
1993 |
Olga Viktorovna Golub
Suzemka |
van (three roundtrips from IZ-77/5 to Golovinskiy Dsitrict Court of Moscow), convoy cell (Golovinskiy District Court of Moscow)
19/02/2018 to 28/02/2018 train (Moscow – Smolensk) 21/07/2018 to 22/07/2018 |
0.3 m²
|
overcrowding, lack of fresh air
overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, poor quality of potable water, lack of fresh air, inadequate temperature, passive smoking |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 48. | 41117/18
18/08/2018 |
Magomed Mikailovich ABADIYEV
1982 |
Olga Viktorovna Golub
Suzemka |
train (Moscow – Kursk)
22/02/2018 to 23/02/2018 |
0.3 m²
|
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 49. | 41393/18
17/01/2019 |
Ivan Viktorovich MATVIYENKO
1998 |
|
convoy cells of the Sovetskiy District Court of Krasnoyarsk
15/10/2018 to 15/05/2019 |
1 m²
|
overcrowding | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 50. | 41502/18
15/08/2018 |
Mikhail Anatolyevich PSHENICHNYY
1976 |
|
van (Vorkuta – Syktyvkar)
11/06/2018 to 13/06/2018 train (Syktyvkar – Ukhta) 09/08/2019 to 10/08/2019 |
0.4 m²
|
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, poor quality of potable water,
insufficient number of sleeping places
|
1,000 |
[i] Plus any tax that may be chargeable to the applicants.
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