Last Updated on October 26, 2023 by LawEuro
The Court notes that the applicants were detained in poor conditions during transport. The Court refers to the principles established in its case‑law regarding cramped and defective conditions during the transit of prisoners. 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. 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).
FIRST SECTION
CASE OF GRABLIN AND OTHERS v. RUSSIA
(Applications nos. 48219/18 and 31 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 Grablin 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 dates indicated in the appended table.
2. The Russian 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 complaints under other Convention provisions.
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.
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. The applicants whose names are listed in the appended table also complained under Article 3 about the use of metal cages in courtrooms and under Article 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and placement in metal cages in court hearings. 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 a violation of the Convention in the light of its findings in Tomov and Others (cited above, §§ 143-56) and Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), respectively.
13. In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints under Article 13 of the Convention related to the lack of remedies in respect of the use of metal cages or other security arrangements in courtroom (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 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 concerning the inadequate conditions of detention during transport;
5. Holds that there has been a violation of Article 3 of the Convention concerning the use of metal cages in courtrooms, and of Article 13 of the Convention, taken in conjunction with Article 3, related to the lack of an effective domestic remedy to complain about poor conditions of detention during transport (see the appended table);
6. Holds that it is not necessary to examine separately the remaining complaints under Article 13 of the Convention;
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. | 48219/18
01/10/2018 |
Sergey Alekseyevich GRABLIN
1985 |
|
van, train
30/08/2018 to 31/08/2018 |
0.3 m²
|
overcrowding, 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 warm water, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking, lack of individual sitting place | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 2. | 48269/18
17/09/2018 |
Sergey Yevgenyevich CHICHERIN
1982 |
|
train (Syktyvkar – Ukhta), van
03/08/2018 to 04/08/2018 |
0.42 m²
|
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 |
| 3. | 48721/18
24/09/2018 |
Ilya Vladimirovich MUSHTAY
1989 |
|
train
13/08/2018 to September 2018 |
insufficient number of sleeping places, no or restricted access to toilet, overcrowding, no or restricted access to potable water | 1,000 | ||
| 4. | 48724/18
01/10/2018 |
Artem Andreyevich NEKLYUDOV
1990 |
|
train
19/05/2018 to 29/05/2018 |
no or restricted access to toilet, overcrowding, insufficient number of sleeping places, inadequate temperature, lack of or insufficient electric light, lack or inadequate furniture | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 5. | 48880/18
26/09/2018 |
Ramazan Talibovich AGAMAGOMEDOV
1990 |
|
train, van
23/08/2018 to 23/08/2018 |
0.4 m²
|
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, poor quality of food | 1,000 | |
| 6. | 49168/18
08/10/2018 |
Oleg Vasilyevich KUROSH
1987 |
|
van, transit cell
25/09/2015 to 11/05/2018 |
0.4-0.5 m²
|
overcrowding, passive smoking, lack or insufficient quantity of food | Art. 3 – use of metal cages and/or other security arrangements in courtrooms – detention in a metal cage during the trial hearings held at the Syktyvkar City Court on 79 occasions between September 2015 and 11/05/2018,
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
8,500 |
| 7. | 49311/18
01/10/2018 |
Elvin Alekber Ogly AKHMEDOV
1984 |
|
van, transit cell
from 15/07/2015 to October 2018 |
0.5 m²
|
lack of fresh air, overcrowding, poor quality of potable water, no or restricted access to toilet | 1,000 | |
| 8. | 49720/18
04/10/2018 |
Yevgeniy Alfeyevich POYARKOV
1969 |
|
van, train
21/04/2018 to 21/04/2018 |
overcrowding, 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 | |
| 9. | 49729/18
06/10/2018 |
Artem Leonidovich REDKIN
1979 |
|
train, van
03/06/2018 to 05/06/2018 |
0.3 m²
|
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, overcrowding, passive smoking, poor quality of food, 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 |
| 10. | 49808/18
07/10/2018 |
Sergey Sergeyevich BAKHTIN
1979 |
|
train
21/07/2018 to 02/09/2018 |
0.3 m²
|
overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 11. | 50203/18
27/08/2018 |
Dmitriy Sergeyevich KULIGIN
1985 |
|
van, train
21/05/2018 to 23/05/2018
van, train 19/07/2018 to 20/07/2018
train, van 17/08/2018 to 17/08/2018 |
overcrowding, lack of fresh air, inadequate temperature, 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 | |
| 12. | 50205/18
15/10/2018 |
Andrey Borisovich ARTEYEV
1987 |
|
train, van
19/06/2018 to 21/06/2018 |
no or restricted access to toilet, overcrowding, bunk beds, lack of or insufficient electric light, lack of or insufficient natural light, 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 | |
| 13. | 51261/18
13/10/2018 |
Dmitriy Sergeyevich BASHLYKOV
1991 |
|
train, van
17/04/2018 to 21/05/2018
train, van 25/11/2019 to 29/11/2019
train, van 03/12/2019 to 25/01/2020
train 22/05/2020 to 22/05/2020
train, van 23/12/2020 to 23/12/2020 |
0.18-0.25 m²
|
no or restricted access to potable water, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, overcrowding
applicant transported on two occasions, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no seatbelts or handles
overcrowding, lack or inadequate furniture, lack of safety belts, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack of fresh air, 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 |
| 14. | 51352/18
10/10/2018 |
Vasiliy Vladimirovich OVCHINNIKOV
1978 |
|
van / train (SIZO-2 – IK-1 the Republic of Komi)
07/08/2018 to 07/08/2018 |
0.3 m²
|
overcrowding, no or restricted access to toilet
|
1,000 | |
| 15. | 51380/18
09/10/2018 |
Aleksey Nikolayevich RAKOYEDOV
1975 |
|
train
11/07/2018 to 12/07/2018 |
insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, overcrowding, lack or inadequate furniture, no or restricted access to toilet, lack of privacy for toilet, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 16. | 51585/18
09/10/2018 |
Andrey Anatolyevich SHTERKEL
1982 |
|
train
29/04/2018 to 07/06/2018 |
overcrowding, inadequate temperature, lack of fresh air, lack of requisite medical assistance, lack or inadequate furniture, no or restricted access to potable water, passive smoking | 1,000 | ||
| 17. | 51697/18
15/10/2018 |
Sergey Vasilyevich GORYACHEV
1957 |
|
van
25/07/2016 to 08/06/2018 |
lack of fresh air, no or restricted access to toilet, passive smoking, lack of or inadequate hygienic facilities
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 18. | 52658/18
29/10/2018 |
Aleksey Vasilyevich UNGURYANU
1997 |
|
van, train
31/08/2018 to 31/08/2018 |
0.5 m²
|
overcrowding, no or restricted access to toilet, 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 |
| 19. | 52871/18
11/10/2018 |
Aleksey Valeryevich KOROLKOV
1977 |
|
train, transit cell, van
15/04/2018 to 24/04/2018 |
0.3 m²
|
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack of fresh air | 1,000 | |
| 20. | 53184/18
22/10/2018 |
Vadim Viktorovich MEDVEDEV
1979 |
|
train
15/07/2018 to 15/07/2018 |
0.4 m²
|
overcrowding, lack of or insufficient electric light, no or restricted access to toilet, 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 |
| 21. | 53709/18
01/11/2018 |
Timur Mirzamudinovich ABASOV
1971 |
|
van, transit cell
06/07/2018 to 27/08/2018 |
1.5-3 m²
|
insufficient number of sleeping places, lack of or insufficient natural light, lack of fresh air, lack of ventilation, lack of privacy for toilet, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 22. | 54168/18
29/10/2018 |
Sergey Yevgenyevich YEVDOKIMOV
1985 |
|
train
15/07/2018 to 15/07/2018 |
0.4 m²
|
no or restricted access to toilet, overcrowding
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 23. | 54226/18
25/10/2018 |
Vitaliy Dmitriyevich SVIRID
1984 |
|
train, van
21/07/2018 to 23/07/2018 |
0.2-0.3 m²
|
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 |
| 24. | 54782/18
13/08/2018 |
Pavel Sergeyevich SELIVANOV
1978 |
|
van (from SIZO-1 St Petersburg to various locations)
from 14/02/2018 to August 2018 most recently |
0.3 m²
|
overcrowding, no or restricted access to toilet | 1,000 | |
| 25. | 55615/18
25/10/2018 |
Sergey Viktorovich DMITRIYEV
1991 |
|
train
01/10/2018 to 02/10/2018 |
0.6 m²
|
insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, 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 |
| 26. | 56338/18
13/11/2018 |
Dmitriy Vladimirovich SAPRYKIN
|
|
van, train
05/09/2018 to 07/09/2018 |
0.3-0.4 m²
|
overcrowding, 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, 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 |
| 27. | 56415/18
13/11/2018 |
Sergey Sergeyevich BOBROV
1985 |
|
train
13/07/2018 to 15/07/2018
van 13/07/2018 to 13/07/2018 |
0.68 m²
0.35 m² |
overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen
overcrowding |
1,000 | |
| 28. | 20154/19
04/03/2019 |
Leonid Valeryevich KHUDYAYEV
1984 |
|
train
01/02/2019 to 02/02/2019 |
0.4 m²
|
overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, passive smoking, lack of fresh air, 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 |
| 29. | 20517/19
02/04/2019 |
Aleksandr Rostislavovich IVANOV
1990 |
|
train
02/11/2018 to 15/02/2019 |
0.2 m²
|
overcrowding, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, passive smoking, lack of fresh air, 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 |
| 30. | 32877/19
17/07/2019 |
Andrey Anatolyevich ZIMIN
1977 |
|
van
11/02/2019 to 11/02/2019
van 15/02/2019 to 15/02/2019 |
0.5 m²
0.3 m²
|
lack of fresh air, overcrowding, no or restricted access to toilet
overcrowding, lack of fresh air, 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 |
| 31. | 42103/19
15/07/2019 |
Boris Nikolayevich BOGATYR
1976 |
|
train, transit cell, van
17/12/2018 to 24/01/2019 |
insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking | Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
| 32. | 50929/20
17/01/2021 |
Aleksey Valeryevich VINOGRADOV
1983 |
|
train
11/09/2020 to 12/09/2020
train 23/09/2020 to 24/09/2020 |
no or restricted access to potable water, 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 |
[i] Plus any tax that may be chargeable to the applicants.
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