CASE OF YANDIYEV AND OTHERS v. RUSSIA – 26259/18 and 50 others. The applicants complained of the inadequate conditions of detention during their transport

Last Updated on October 26, 2023 by LawEuro

The applicants whose names are listed in the appended table also complained under Article 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and under Article 3 about the use of metal cages or other security arrangements in courtrooms. 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, and Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 140-50, 17 July 2018, respectively.


FIRST SECTION
CASE OF YANDIYEV AND OTHERS v. RUSSIA
(Applications nos. 26259/18 and 50 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 Yandiyev 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. A 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and under Article 3 about the use of metal cages or other security arrangements in courtrooms. 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) and Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 140-50, 17 July 2018, respectively.

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. 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.”

14. 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 and Article 13 of the Convention, taken in conjunction with Article 3, in respect of the applicants who raised other complaints under the well‑established case-law of the Court (see the appended table);

6. 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. 26259/18

03/05/2018

Islam Bekkhanovich YANDIYEV

1989

 

 

train

17/12/2017 to

26/01/2018

< 3 m²

 

 

overcrowding, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to warm water 1,000
2. 35992/18

13/05/2018

Denis Fedorovich DEGTYAREV

1982

 

 

van, transit cell, train

12/04/2018 to

12/04/2018

0.2 m²

 

 

overcrowding

 

1,000
3. 38241/18

27/07/2018

Vladimir Yuryevich PLOTNIKOV

1984

 

 

van, train

11/04/2018 to

12/04/2018

0.3 m²

 

 

overcrowding, inadequate temperature, lack of fresh air, insufficient number of sleeping places, 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 potable water, no or restricted access to toilet, passive smoking, poor quality of food, poor quality of potable water, lack of safety equipment inside the van Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
4. 38310/18

30/07/2018

Aleksandr Alekseyevich SKRYABIN

1988

 

 

train (Syktyvkar – Vorkuta)

12/03/2018 to

14/03/2018

 

 

van (IZ-11/1 Verkhniy Chov – Syktyvkar rail station)

12/03/2018 to

12/03/2018

 

van (Vorkuta rail station –

IZ-11/3)

14/03/2018 to

14/03/2018

 

train (Vorkuta – Ukhta)

01/04/2018 to

02/04/2018

 

train (Ukhta – Syktyvkar)

12/04/2018 to

12/04/2018

0.38 m²

 

 

 

 

0.34 m²

 

 

 

 

0.34 m²

 

 

 

 

0.38 m²

 

 

 

0.38 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air

 

 

overcrowding

 

 

 

 

overcrowding

 

 

 

 

overcrowding, insufficient number of sleeping places, no or restricted access to toilet

 

 

overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air

1,000
5. 39438/18

03/08/2018

Sergey Robertovich SAFRONOV

1966

Aleksandr Vladimirovich Vinogradov

Kostroma

train

18/02/2018 to

21/02/2018

0.6 m²

 

 

overcrowding, no or restricted access to toilet, insufficient number of sleeping places 1,000
6. 39975/18

06/08/2018

Vadim Viktorovich KOTOV

1977

Olga Viktorovna Golub

Suzemka

train (Minusinsk – Achinsk)

26/04/2018 to

27/04/2018

 

 

 

train (Omsk – Chelyabinsk)

30/04/2018 to

30/04/2018

 

transit cell (IZ-74/3 Chelyabinsk)

01/05/2018 to

05/05/2018

 

transit cell (SIZO-1 Samara)

07/05/2018 to

10/05/2018

0.4 m²

 

 

 

 

 

0.4 m²

overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, inadequate temperature

 

overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature

 

insufficient number of sleeping places, inadequate temperature

 

 

 

insufficient number of sleeping places, inadequate temperature

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
7. 40128/18

07/08/2018

Ivan Igorevich VISKOV

1991

 

 

train (12 round-trips Pechora-Vorkuta)

06/04/2018 to

14/07/2018

 

train (Vorkuta – Ukhta)

09/05/2019 to

11/05/2019

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of or poor quality of bedding and bed linen

 

 

insufficient number of sleeping places, 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
8. 41756/18

25/07/2018

Viktor Maksimovich ZAKHAROV

1997

 

 

train

09/01/2018 to

05/02/2018

0.8-

1.5 m²

 

 

lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or insufficient quantity of food, no or restricted access to toilet, lack of or insufficient electric light, lack of fresh air, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, constant electric light Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
9. 43567/18

29/08/2018

Rinat Rafkatovich KINYABAYEV

1986

 

 

van

22/06/2018 to

23/07/2018

1.5 m²

 

 

overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
10. 43793/18

16/08/2018

Ilya Sergeyevich MAKAROV

1983

 

 

train, van

23/04/2018 to

18/05/2018

 

train

15/07/2020 to

17/07/2020

 

train

22/08/2020 to

24/08/2020

0.2 m²

 

 

 

0.47 m²

insufficient number of sleeping places, no or restricted access to potable water, 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
11. 44361/18

31/08/2018

Elshad Tanyrgulu Ogly GASANOV

1969

 

 

train

26/03/2018 to

18/04/2018

0.3 m²

 

 

insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to running water Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
12. 44805/18

03/09/2018

Aleksandr Aleksandrovich MASTEROV

1985

 

 

train, van

07/08/2018 to

09/08/2018

0.3 m²

 

 

overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of seating space, lack of safety measures, passive smoking Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
13. 46409/18

07/09/2018

Sergey Viktorovich SMIRNOV

1981

 

 

train, van

15/04/2018 to

16/04/2018

0.3 m²

 

 

insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack or insufficient quantity of food, lack of ventilation

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
14. 48013/18

25/09/2018

Artem Valeryevich LEPICHIN

1995

 

 

train

11/05/2018 to

11/05/2018

 

train

03/06/2018 to

03/06/2018

0.3 m²

 

 

 

0.3 m²

 

 

overcrowding

 

 

 

overcrowding

 

1,000
15. 50185/18

09/10/2018

Aleksey Nikolayevich KRUGLOV

1978

 

 

van

22/06/2017 to

13/08/2018

0.45 m² inadequate temperature, lack of fresh air 1,000
16. 50755/18

11/10/2018

Islam Mutagirovich DAVUDOV

1969

 

 

train

03/07/2018 to

04/07/2018

insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, overcrowding Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
17. 51960/18

15/10/2018

Sergey Aleksandrovich BARANOV

1976

Aleksandr Vladimirovich Vinogradov

Kostroma

train

18/04/2018 to

19/04/2018

0.3 m²

 

 

insufficient number of sleeping places, lack of or poor quality of bedding and bed linen 1,000
18. 52517/18

23/10/2018

Nikolay Aleksandrovich SMYSLOV

1980

 

 

transit cell, van

24/04/2018 to

03/07/2018

0.3 m²

 

 

inadequate temperature, lack of security measures

 

Art. 3 – use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage from 26/01/2018 to 03/07/2018 on 6 occasions during pre-trial and trial before the Vologodskiy District Court of the Vologda Region 8,500
19. 53345/18

24/10/2018

Pavel Vasilyevich KOSTYLEV

1985

Anna Anatolyevna Tugolukova

Syktyvkar

train (Syktyvkar – Vorkuta)

05/08/2018 to

07/08/2018

 

train (Vorkuta – Syktyvkar)

05/09/2018 to

07/09/2018

0.4 m²

 

 

 

0.4 m²

insufficient number of sleeping places

 

 

 

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
20. 53516/18

15/10/2018

Dmitriy Vadimovich OBZHERIN

1982

 

 

train, multiple journeys

21/04/2018 to

13/09/2018

lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
21. 55026/18

14/11/2018

Farid Ramazanovich MUSTAFAYEV

1987

 

 

van, transit cell

06/02/2015 to

30/07/2018

 

van, train

28/10/2020 to

11/11/2020

 

van, transit cell, train

20/07/2021 to

10/11/2021

0.3-

0.8 m²

 

 

0.4 m²

 

 

 

0.3 m²

 

 

lack of fresh air, inadequate temperature, overcrowding, lack of or insufficient natural light

 

 

lack of fresh air, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, passive smoking

 

 

inadequate temperature, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, overcrowding, poor quality of food, lack of or insufficient quantity of food, passive smoking

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
22. 59343/18

26/11/2018

Rostislav Pavlovich KRUPETSKIKH

1968

Irina Vladimirovna Miller

Kansk

train

11/06/2018 to

19/06/2018

insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding

 

1,000
23. 1339/19

29/11/2018

Andrey Sergeyevich SUSLOV

1991

 

 

train, transit cell

06/07/2018 to

12/11/2018

lack of fresh air, insufficient number of sleeping places, 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. 1832/19

25/12/2018

Vasiliy Fedorovich KARPOV

1955

 

 

van

26/11/2018 to

24/12/2018

0.3 m²

 

 

lack of fresh air, single occupancy cell, transportation in “stakan”, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet 1,000
25. 2965/19

17/06/2019

Dmitriy Aleksandrovich KARAVAYCHIK

1983

 

 

van, transit cell

13/04/2018 to

03/06/2019

< 1 m²

 

overcrowding, lack or insufficient quantity of food, 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
26. 7889/19

09/01/2019

Azamat Zaurbiyevich TKHABISIMOV

1978

 

 

train, van

14/01/2019 to

04/02/2019

0.3 m²

 

 

insufficient number of sleeping places, passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, inadequate temperature 1,000
27. 12294/19

28/03/2019

Viktor Nikolayevich BILOKONYUK

1983

Roman Nikolayevich Petrov

Cheboksary

train, transit cell, van

18/12/2018 to

24/01/2019

0.2 m²

 

 

insufficient number of sleeping places, overcrowding, no or restricted access to toilet

 

1,000
28. 15240/19

23/02/2019

Denis Alekseyevich IVLEV

1989

 

 

Transport from IK-25 Chelyabinsk Region to IK‑11 Nizhniy Novgorod Region, transit cell, train, van

19/12/2018 to

28/12/2018

< 0.5 m²

 

 

lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet

 

1,000
29. 20423/19

04/04/2019

Sergey Alekseyevich GRIGORYEV

1971

 

 

train (Arkhangelsk region)

23/03/2019 to

24/03/2019

no or restricted access to toilet;

lack or insufficient quantity of food

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
30. 23325/19

25/03/2019

Aleksandr Borisovich TITOV

1986

 

 

train / transit cell / van (IK‑16 – IK‑29 Arkhangelsk Region)

24/02/2019 to

25/02/2019

0.2-

0.5 m²

 

 

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 insufficient physical exercise in fresh air, lack of privacy for toilet, lack or insufficient quantity of food, 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
31. 24085/19

12/04/2019

Ivan Aleksandrovich IVASHEV

1986

 

 

transfer from SIZO-4 St Petersburg to SIZO-2 Vologda Region, train

23/11/2018 to

24/11/2018

 

transfer from SIZO-2 Vologda Region to SIZO-2 Komi Republic, train

05/12/2018 to

06/12/2018

insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water

 

 

 

 

insufficient number of sleeping places, 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
32. 24909/19

22/04/2019

Sergey Aleksandrovich LISTRATOV

1986

 

 

transit cell, van

17/12/2018 to

21/12/2018

0.3 m²

 

 

overcrowding, inadequate temperature, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, 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
33. 27800/19

14/05/2019

Rostislav Vasilyevich VASILYEV

1987

 

 

train, transit cell, van

22/11/2018 to

26/12/2018

overcrowding, no or restricted access to potable water, 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
34. 30087/19

25/05/2019

Nikolay Nikolayevich UVAROV

1985

 

 

train, van

17/02/2019 to

26/02/2019

0.5 m²

 

 

no or restricted access to toilet

 

1,000
35. 30786/19

15/05/2019

Oleg Aleksandrovich RITMAN

1988

Yelena Vladislavovna Chernyak

St Petersburg

van, transit cell

10/01/2019 to

23/05/2019

 

 

1,000
36. 33300/19

10/06/2019

Vitaliy Nikolayevich ALFEROV

1976

 

 

van, train

18/12/2018 to

24/01/2019

no or restricted access to toilet, 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
37. 33301/19

10/06/2019

Leonid Viktorovich USENKO

1989

 

 

train, transit cell, van

29/12/2018 to

26/01/2019

overcrowding, mouldy or dirty cell, no or restricted access to toilet, passive smoking

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
38. 34242/19

10/06/2019

Aleksandr Nikolayevich KETOV

1986

 

 

train, van

17/04/2019 to

18/04/2019

passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, 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
39. 34311/19

12/06/2019

Roman Mikhaylovich SUNSHEV

1969

 

 

train, transit cell, van

01/02/2019 to

18/02/2019

0.3 m²

 

 

overcrowding, no or restricted access to toilet, 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
40. 34432/19

03/06/2019

Gennadiy Valentinovich ZAICHKA

1977

 

 

van, train, transit cell

14/12/2018 to

17/01/2019

overcrowding, lack of fresh air, no or restricted access to toilet, passive smoking, 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
41. 35890/19

10/06/2019

Yevgeniy Aleksandrovich TSYKUNOV

1978

 

 

train (IK-8 Bashkortostan Republic – IK-4 Stavropol Region)

17/12/2018 to

03/01/2019

insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, 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
42. 37059/19

25/06/2019

Sergey Anatolyevich ABRAMOV

1981

 

 

train, van

08/11/2018 to

26/12/2018

0.3 m²

 

 

no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of or insufficient electric 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
43. 38283/19

21/06/2019

Azamat Takhirovich TOLGUROV

1991

 

 

train, van

20/11/2018 to

21/01/2019

insufficient number of sitting places, lack or inadequate furniture, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water, lack of or inadequate hygienic facilities, no or restricted access to running water, passive smoking, inadequate temperature 1,000
44. 38344/19

08/07/2019

Anton Vladimirovich SHEVCHENKO

1986

 

 

train, van, transit cells

09/04/2019 to

08/05/2019

no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient electric light, overcrowding, lack of privacy for toilet, lack or insufficient quantity of food Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
45. 39123/19

01/07/2019

Denis Aleksandrovich DENISENKO

1983

 

 

train, van, transit cell

28/01/2019 to

18/02/2019

overcrowding, passive smoking, mouldy or dirty cell, lack of privacy for 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
46. 39288/19

12/07/2019

Kirill Andreyevich STAROVOYTOV

1992

 

 

train

12/01/2019 to

13/01/2019

0.75 m²

 

 

overcrowding, passive smoking, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light

 

Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000
47. 42583/19

25/07/2019

Andrey Aleksandrovich KHOROKHORDIN

1981

 

 

train

24/12/2018 to

12/02/2019

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
48. 44377/19

13/08/2019

Radik Ayratovich AVZALETDINOV

1987

 

 

train, transit cell, van

13/03/2019 to

01/04/2019

overcrowding, passive smoking, 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
49. 52740/19

27/09/2019

Pavel Mikhaylovich VARLAMOV

1973

 

 

train

21/05/2019 to

22/05/2019

0.25 m²

 

 

 no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, 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
50. 36785/20

25/07/2020

Aleksandr Yuryevich MAKASHIN

1997

Dmitriy Nikolayevich Shkelev

Bor

van, train

28/03/2020 to

29/03/2020

< 0.5 m²

 

 

insufficient number of sleeping places, overcrowding, 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
51. 42072/20

20/10/2020

Arsen Bagratovich BABAYAN

1990

 

 

a single-prisoner cubicle (“stakan”)

13/03/2020 to

13/03/2020

0.25 m²

 

 

lack of fresh air, the applicant claims having went through an operation which aggravated his conditions of transport, duration of more than 2 hours Art. 3 – use of metal cages and/or other security arrangements in courtrooms – use of a glass cabin to hold the applicant during criminal trial, 13/03/2020, in the Tsentralnyy District Court of Chelyabinsk (overcrowding, 7 persons) 8,500

[i] Plus any tax that may be chargeable to the applicants.

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