Last Updated on November 2, 2023 by LawEuro
The applicants complained about their confinement in a metal cage in a courtroom during criminal proceedings against them.
SECOND SECTION
CASE OF VINOKUROV AND OTHERS v. RUSSIA
(Applications nos. 32706/15 and 49 others – see appended list)
JUDGMENT
STRASBOURG
2 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Vinokurov and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 12 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 about their confinement in a metal cage in a courtroom during criminal proceedings against them. 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 ARTICLEs 3 and 13 OF THE CONVENTION on account of placement in a metal cage in the courtroom
7. The applicants complained principally about their confinement in a metal cage in the courtroom during the criminal proceedings against them. 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.”
Some applicants also complained that they had not been afforded an effective domestic remedy in respect of their grievances under Article 3, contrary to Article 13 of the Convention, reading as follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
8. The Court notes that the applicants were kept in a metal cage in the courtroom in the context of their trial. In the leading cases of Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Vorontsov and Others v. Russia, nos. 59655/14 and 2 others, 31 January 2017, the Court already dealt with the issue of the use of metal cages in courtrooms and found that such a practice constituted in itself an affront to human dignity and amounted to degrading treatment prohibited by Article 3 of the Convention.
9. 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’ confinement in a metal cage before the court during the criminal proceedings against them amounted to degrading treatment.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
11. Having regard to the above finding, the Court does not consider it necessary to deal separately with the applicants’ complaints under Article 13 of the Convention (see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
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 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 Idalov v. Russia [GC], no. 5826/03, §§ 103‑08 and 152-58, 22 May 2012, concerning conditions of detention during transport and review of pre-trial detention; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, regarding the lack of an effective remedy in respect of the complaint about conditions of detention during transport; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of post-conviction detention and the lack of an effective remedy in that respect, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012, concerning conditions of detention in remand prisons; Konstantin Moskalev v. Russia, no. 59589/10, 7 November 2017, concerning secret surveillance and the lack of an effective remedy in that respect; Nakhmanovich v. Russia, no. 55669/00, §§ 85-98, 2 March 2006, concerning excessive length of criminal proceedings; and Krestovskiy v. Russia, no. 14040/03, 28 October 2010, concerning the lack of a public hearing).
V. REMAINING COMPLAINTS
13. Mr Zinnanov (application no. 38743/18) also raised complaints under Article 5 § 4 of the Convention.
14. The Court has examined the complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
15. 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.”
16. Regard being had to the documents in its possession and to its case‑law (see, in particular, Vorontsov and Others, cited above), 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 complaints under Articles 3 and 13 of the Convention concerning the applicants’ placement in a metal cage in the courtrooms during the criminal proceedings against them and lack of an effective domestic remedy to complain about it, as well as the complaints raised under the well-established case-law of the Court (see appended table below) admissible, and the remaining complaints raised in application no. 38743/18 inadmissible
4. Holds that these applications disclose a breach of Article 3 of the Convention on account of the applicants’ placement in a metal cage before the court during the criminal proceedings against them;
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 applicants’ complaints raised under Article 13 of the Convention regarding the absence of an effective domestic remedy to complain about their placement in a metal cage in courtrooms;
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 period plus three percentage points.
Done in English, and notified in writing on 2 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
Acting Deputy Registrar President
_________
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(use of metal cages and/or other security arrangements in courtrooms)
| No. | Application no.
Date of introduction |
Applicant’s name
Year of birth
|
Representative’s name and location | Name of the court
Date of the relevant judgment or period of the applicant’s placement in a cage |
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. | 32706/15
03/09/2015 |
Ivan Mikhaylovich VINOKUROV
1979 |
|
Rodnikovskiy District Court of the Ivanovo Region, participation from the detention facility via the videoconference from the room equipped with a cage;
27/10/2016 |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 3 – inadequate conditions of detention after conviction – IK-5 Ivanovo Region, from 22/04/2015 to 31/08/2022 < 3 m², 5 toilet(s), overcrowding, lack of fresh air, lack of or insufficient natural light |
16,300 |
| 2. | 58888/15
14/11/2015 |
Nikolay Dmitriyevich SANDAKOV
1977 |
Kolosovskiy Sergey Vyacheslavovich
Yekaterinburg |
Leninskiy District Court of Yekaterinburg
(unknown, sometime after 2015) |
Art. 5 (4) – excessive length of judicial review of detention – detention order of 21/05/2015 was reviewed on appeal on 09/08/2015; detention order of 20/08/2015 was reviewed on appeal on 02/11/2015 | 8,000 |
| 3. | 21083/17
06/03/2017 |
Aleksandras Mikolo KASPARAVICHUS
1954 |
Vikharev Aleksandr Yevgenyevich
Sovetsk |
Chernyakhovsk Town Court, Kaliningrad Regional Court
18/11/2016 |
7,500 | |
| 4. | 48523/17
24/06/2017 |
Dmitriy Anatolyevich VOLKODAV
1986 |
Romantsova Yekaterina Anatolyevna
Moscow |
Kalininskiy District Court of the Chuvashia Republic, Supreme Court of the Chuvashia Republic
31/08/2016 |
7,500 | |
| 5. | 55895/17
26/07/2017 |
Nikolay Borisovich DYUKOV
1997 |
Knyazev Aleksandr Vladimirovich
Moscow |
Nikulinskiy District Court of Moscow
07/04/2017 |
7,500 | |
| 6. | 56720/17
26/07/2017 |
Gennadiy Vladimirovich DONTSOV
1966 |
Sommer Ulrich
Köln |
Supreme Court of the Russian Federation,
video link from a detention facility (not specified) 02/02/2017 |
7,500 | |
| 7. | 81580/17
27/11/2017 |
Aleksandr Anatolyevich SHTATSKIY
1982 |
Dobralskiy Aleksandr Igorevich
Kaliningrad |
Leningradskiy District Court of the Kaliningrad Region,
personal presence and video link from SIZO-1 Kaliningrad Region; 24/11/2017 |
7,500 | |
| 8. | 2139/18
01/12/2017 |
Anatoliy Vasilyevich BAZAN
1987 |
|
Kirovskiy District Court of Krasnoyarsk
25/07/2017 |
7,500 | |
| 9. | 3505/18
20/12/2017 |
Aleksandr Nikolayevich DOLZHENKO
1960 |
Yermolayeva Nadezhda Viktorovna
Moscow |
Supreme Court of the Kalmykia Republic
23/06/2017 |
7,500 | |
| 10. | 4093/18
27/12/2017 |
Edvard Borisovich ZOLOTUKHIN
1962 |
Timireva Olga Vladimirovna
Moscow |
Moscow City Court
09/10/2017 Moscow City Court 22/11/2017 |
Art. 8 (1) – secret surveillance – complaint about the operation experiment of 28/08/2017, GU MVD of Russia for the city of Moscow involving covert audio and video recording – no judicial authorisation of the covert surveillance;
Art. 13 – lack of any effective remedy in domestic law in conjunction with Art. 8 |
9,750 |
| 11. | 10931/18
23/01/2018 |
Aleksey Vladimirovich FEDOSOV
1981 |
Melnikov Valentin Valeryevich
Chita |
Supreme Court of the Russian Federation, video link from SIZO-1, Zabaykalskiy Region
14/08/2017 |
7,500 | |
| 12. | 14770/18
15/03/2018 |
Aleksandr Sergeyevich SAZONOV
1988
Rustam Khayrulloyevich GAFUROV 1987
|
Laptev Aleksey Nikolayevich
Moscow |
Kopeysk Town Court of the Chelyabinsk Region;
Chelyabinsk Regional Court, video link from SIZO-3, Chelyabinsk Region 15/09/2017 |
Art. 3 – inadequate conditions of detention during transport – in respect of the first applicant, van, 13/08/2018-19/12/2018, 0.2 sq. m, overcrowding, poor quality of food, 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 – in respect of the first applicant;
Art. 6 (1) – trial in camera – in respect of the first applicant – in the criminal proceedings which ended with the judgment on 15/09/2017 |
8,500 to the first applicant;
7,500 to the second applicant |
| 13. | 16763/18
27/03/2018 |
Viktor Aleksandrovich POPOV
1954 |
Laptev Aleksey Nikolayevich
Moscow |
Knyazhpogostskiy District Court, Supreme Court of the Komi Republic
03/12/2019 |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 – inadequate conditions of detention during transport – transport by train and van on 11/01/2020, overcrowding, 0.3 sq. m of personal space |
8,500 |
| 14. | 18857/18
27/03/2018 |
Aleksandr Aleksandrovich KORNYSHOV
1988 |
Prokofyeva Viktoriya Pavlovna
St Petersburg |
Okulovskiy District Court of the Novgorod Region
13/10/2017 |
7,500 | |
| 15. | 23305/18
06/08/2018 |
Yuriy Vladimirovich TKACHUK
1982 |
|
Oktyabrskiy, Krasnoselskiy, Frunzenskiy and Primorskiy District Courts of St Petersburg, Tosnenskiy City Court of the Leningrad Region, justice of peace (districts nos. 148 and 195 in St Petersburg)
15/12/2017 to 01/11/2019;
Oktyabrskiy, Frunzenskiy, Primorskiy, Kuybyshevskiy District Court of St Petersburg; Perm Regional Court 12/11/2019 to 17/03/2020
|
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport (van, transit cell) from 22/02/2015 to 20/05/2020; 0.2 sq. m of personal space; lack of or insufficient electric light, 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 |
8,500 |
| 16. | 28335/18
17/12/2018 |
Aleksandr Viktorovich BARANOV
1987 |
|
Krasnoyarsk Regional Court
27/06/2018 |
Art. 3 – inadequate conditions of detention during transport – transport by van; 0.3 sq. m of personal space; from 11/07/2016 to 14/02/2019, overcrowding. 0.3 sq. m of personal space | 8,500 |
| 17. | 33211/18
21/06/2018 |
Nikolay Aleksandrovich TASHMETOV
1991 |
Kovaleva Yana Viktorovna
Kazan |
Justice of the Peace of the Tundrovsky Judicial District of Vorkuta of the Komi Republic
26/12/2017;
Vorkuta Town Court of the Republic of Komi 27/02/2018 |
Art. 3 – inadequate conditions of detention during transport – train / 28/04/2018 – 29/04/2018, 05/06/2018 – 06/06/2018 / 0.4 sq. m. / overcrowding; lack of or poor quality of bedding and bed linen, lack of electric and natural light, lack of fresh air, poor quality of food, restricted access to toilet and running water;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
8,500 |
| 18. | 36319/18
27/07/2018 |
Iosif Petrovich ROVEYN
1956 |
Sommer Ulrich
Koln |
Omsk Regional Court
20/06/2018 |
7,500 | |
| 19. | 36470/18
23/07/2018 |
Islam Shamkhanovich MAGOMADOV
1994 |
Golub Olga Viktorovna
Suzemka |
Moscow City Court
25/01/2018 |
7,500 | |
| 20. | 38492/18
02/08/2018 |
Sergey Nikolayevich BONDAR
1976 |
|
Supreme Court of the Komi Republic, numerous instances of placement in a metal cage since 02/02/2015 until 29/10/2018;
Supreme Court of the Russian Federation 17/06/2020 |
Art. 3 – inadequate conditions of detention during transport – transport by van and train on 25-26/06/2019 and 11-12/09/2019; 0.3 sq. m of personal space, lack of fresh air, restricted access to toilet; overcrowding;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
|
8,500 |
| 21. | 38743/18
02/08/2018 |
Ilnar Khusainovich ZINNATOV
1984 |
|
Privolzhye Circuit Military Court (in the courthouse);
Supreme Court of the Russian Federation; video link from SIZO-1, Samara Region 13/01/2020
|
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 – inadequate conditions of detention during transport – conditions of transport by van between 19/04/2018 and 24/08/2018; 0.2 sq. m of personal space; (SIZO-1 Kazan – Regional FSB Department in the Republic of Tatarstan) – numerous roundtrips; cramped conditions, lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light |
8,500 |
| 22. | 42425/18
10/09/2018 |
Igor Yevgenyevich ZEMLERUB
1989 |
Agagyulyan Ani Mesropovna
Moscow |
Oktyabrskiy District Court of Krasnoyarsk (placement in a metal cage on multiple occasions during the trial and the studying of a casefile (until 29/10/2018)
|
Art. 3 – inadequate conditions of detention during transport – transport in vans and detention in a convoy cell of the Oktyabrskiy District Court of Krasnoyarsk since July 2017 until 29/10/2018 (studying of the casefile), overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, 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 |
8,500 |
| 23. | 43180/18
24/09/2018 |
Pavel Vladimirovich STANULIS
1990 |
Mikhaylova Yuliya Nikolayevna
Krasnoyarsk
|
Tsentralnyy District Court of Krasnoyarsk
18/06/2018 |
7,500 | |
| 24. | 46800/18
23/09/2018 |
Dmitriy Olegovich SHAVELEV
1976 |
|
Volgograd Regional Court via videoconference from SIZO-1 in Volgograd
29/01/2019
|
Art. 3 – inadequate conditions of detention during transport – transfer, for the period between 06/03/2019 and 17/03/2019, by train, 0.3 sq. m of personal space; overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to shower, no or restricted access to toilet, no or restricted access to potable water
|
8,500 |
| 25. | 47215/18
20/09/2018 |
Pavel Valeryevich GRACHEV
1976 |
|
Primorskiy District Court of St Petersburg; Kuybyshevskiy District Court of St Petersburg; St Petersburg City Court; numerous hearings
06/05/2016 to 24/07/2018 |
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport from the detention facilities to the courthouse from 06/05/2016 to 24/07/2018; van; lack of personal space; restricted access to toilet; scarce food; several hours of transport; detention in overcrowded convoy cells | 8,500 |
| 26. | 47726/18
26/09/2018 |
Denis Igorevich ARMYAKOV
1979 |
|
Supreme Court of the Komi Republic
19/07/2018 |
7,500 | |
| 27. | 47798/18
25/09/2018 |
Pavel Aleksandrovich ELKIND
1988 |
|
Naberezhniye Chelny Town Court of the Tatarstan Republic
07/08/2018 |
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport by van between the detention facilities and the courthouse; between 28/08/2013 and November 2018; overcrowding, lack of or insufficient natural light, lack of fresh air, no road safety facilities, inadequate temperature, no or restricted access to toilet, lack of privacy for toilet, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light, transport in a metal cage inside the van;
Art. 6 (1) – excessive length of criminal proceedings – the applicant’s criminal case was reviewed three times by courts at two levels of jurisdiction from 21/08/2013 to 01/02/2019; the applicant’s claim for compensation was dismissed; the final decision on the matter was taken by the Supreme Court of the Russian Federation on 07/10/2021;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
9,750 |
| 28. | 49394/18
08/10/2018 |
Sergey Vasilyevich LOBANOV
1986 |
|
Ezhvinskiy District Court of Syktyvkar, Komi Republic
25/06/2018 |
Art. 3 – inadequate conditions of detention during transport – transport on a number of occasions between 17/04/2018 and 02/08/2018 from the detention facility to a court house or to take part in investigative actions in an overcrowded van, including in a “glass” compartment; lack of fresh air, restricted access to toilet; transfer in a train on 01/04/2020; overcrowding, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, passive smoking, insufficient number of sleeping places, no or restricted access to potable water, 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 |
8,500 |
| 29. | 49851/18
13/12/2018 |
Denis Mikhaylovich SEVASTYANOV
1975 |
|
Primorye Regional Court
video link from SIZO-2, Primorye Region 06/09/2018 |
7,500 | |
| 30. | 51117/18
04/10/2018 |
Yevgeniy Aleksandrovich SHELKOVNIKOV
1981 |
Stasyuk Olga Andreyevna
St Petersburg |
Petrozavodsk Town Court
23/11/2018;
Supreme Court of the Karelia Republic by video link from SIZO in IK-9, Karelia Republic 15/03/2019 |
Art. 3 – inadequate conditions of detention during transport – transport on numerous occasions from 27/01/2017 to 30/04/2019; 0.2 sq. m. of personal space; by van; severe overcrowding; restricted access to toilet; inadequate temperature, 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 poor conditions of transport |
8,500 |
| 31. | 52935/18
26/10/2018 |
Aleksey Aleksandrovich OBUKHOV
1964 |
Belinskaya Marina Aleksandrovna
St Petersburg |
Detention in a metal cage in the courtroom of the Kuybyshevskiy District Court of St Petersburg during the hearings concerning the property arrest in connection with a criminal case against the applicant
13/08/2018;
Detention in a metal cage during the detention hearings held in the courtroom of the Kuybyshevskiy District Court of St Petersburg 07/09/2018
|
Art. 3 – inadequate conditions of detention during transport – transport between the detention facility, the courts and the investigative committee in connection with his criminal case on numerous occasions between 25/10/2014 and 07/09/2018; less than 0.5 sq. m; overcrowding, no or restricted access to toilet, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack or insufficient quantity of food;
Art. 13 – lack of any effective remedy in domestic law in respect of the conditions during transport |
8,500 |
| 32. | 52992/18
30/10/2018 |
Dmitriy Alekseyevich SOKOLOV
1976 |
|
Oktyabrskiy District Court of Penza, Penza Regional Court (all hearings via video link)
22/05/2019;
Moscow City Court 18/09/2018;
Zamoskvoretskiy District Court of Moscow and Moscow City Court 20/09/2019 |
7,500 | |
| 33. | 54123/18
09/11/2018 |
Vasiliy Aleksandrovich SAVONIN
1976 |
Petrov Roman Nikolayevich
Cheboksary |
Kirovskiy District Court of Astrakhan
18/05/2018;
Astrakhan Regional Court 30/08/2018 |
Art. 3 – inadequate conditions of detention during transport – transport in an overcrowded van on 30/08/2018, to take part in appeal hearing and between 19/09/2018 and 22/10/2018 in van and train: overcrowding (0.2-0.6 m²), no or restricted access to toilet, lack of fresh air, inadequate temperature, mouldy or dirty cell, no or restricted access to potable water, passive smoking. The same grievance for his transfer between 25/03/2019 and 16/04/2019 in van and train;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 – inadequate conditions of detention – the applicant complained of the following inadequate conditions of detention in SIZO-1, the Astrakhan Region, from 27/04/2017 to 19/09/2018: constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to shower, overcrowding (< 2 sq. m. per person), passive smoking, sharing cells with inmates infected with contagious disease. |
9,750 |
| 34. | 54652/18
26/10/2018 |
Ayrat Rifovich RAKHIMZYANOV
1982 |
|
Kirovskiy District Court of Kazan, Supreme Court of the Tatarstan Republic, 15/05/2018 to 30/11/2018;
Kirovskiy District Court of Kazan, 26/07/2019 to 30/07/2019 |
7,500 | |
| 35. | 55858/18
12/11/2018 |
Arshak Arturovich GASPARYAN
1999 |
Studenkova Olga Aleksandrovna
St Petersburg |
Leningrad Regional Court
14/12/2018 |
Art. 13 – lack of any effective remedy in domestic law in respect of poor conditions during transport;
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport by van between the detention facilities and courthouses in the period from 24/03/2017 to 14/12/2018; 0.3 sq. m of personal space; overcrowding, lack of fresh air, inadequate temperature, mouldy or dirty cell, no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light |
8,500 |
| 36. | 56397/18
19/11/2018 |
Anton Olegovich VLASOV
1982 |
|
Pervomayskiy District Court of Novosibirsk
03/09/2018 |
7,500 | |
| 37. | 56418/18
06/11/2018 |
Yuriy Vladimirovich SHURYGIN
1961 |
|
Pechora Town Court of Komi Republic; Supreme Court of the Komi Republic
video link from SIZO-3, Vorkuta, Komi Republic 22/10/2018 |
Art. 3 – inadequate conditions of detention during transport – train / 17/11/2015 – 07/08/2018 (67 trips) / 0.28 sq. m of personal space / overcrowding, insufficient number of sleeping places | 8,500 |
| 38. | 56743/18
15/11/2018 |
Vladimir Ivanovich KRAVTSOV
1983 |
|
Syktyvkar Town Court of the Komi Republic;
Supreme Court of the Komi Republic 10/09/2018 |
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions during detention;
Art. 3 – inadequate conditions of detention during transport – transport by van and train and detention in transit facilities in the period from 27/10/2018 to 21/11/2018; lack of fresh air, lack of or insufficient natural light, inadequate temperature, poor quality of food, passive smoking, overcrowding;
Art. 3 – inadequate conditions of detention – IK-23 Murmansk Region, pending since 21/11/2018 – on the date when the application was lodged with the Court: lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to shower, inadequate temperature, no or restricted access to warm water, no or restricted access to running water, 2m² of personal space
|
16,300 |
| 39. | 56838/18
19/11/2018 |
Sergey Viktorovich LUZYANIN
1981 |
Petrov Roman Nikolayevich
Cheboksary |
Detention in a metal cage during the detention and trial hearings held at the Oktyabrskiy District Court of Kirov on 10 occasions from 02/02/2018 to 09/08/2018
|
Art. 3 – inadequate conditions of detention after conviction – detention in IK-11 Nizhniy Novgorod Region from 22/10/2018 onwards (pending as of 16/09/2022) (1.6‑2.4 sq. m. of personal space per inmate, overcrowding, infestation of cell with insects/rodents, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, insufficient space of the exercise yard, passive smoking, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to warm water, inadequate clothing allowance);
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention |
16,300 |
| 40. | 56896/18
15/11/2018 |
Ivan Ivanovich KRAVTSOV
1986 |
|
Supreme Court of the Komi Republic
10/09/2018 |
Art. 3 – inadequate conditions of detention during transport – transport from the detention facility in Syktyvkar to serve sentence in the Murmansk Region; from 27/10/2018 to 22/11/2018; by vans and trains; overcrowding, restricted access to toilet; lack of individual sleeping place; poor food, etc. | 8,500 |
| 41. | 58617/18
01/04/2019 |
Ramin BOZDUYEV
1985 |
|
Sovetskiy Distrcit Court of Krasnoyarsk, Zheleznodorozhniy District Court of Krasnoyarsk, Krasnoyarsk Regional Court, multiple occasions between 16/11/2017 and
28/02/2019 |
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport from detention facility to the courthouse or to take part in investigative actions in the period from 28/12/2016 and 28/02/2019; transport both within a common department of the van and in a glass cabin (стакан); extreme lack of personal space;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions during transport |
8,500 |
| 42. | 58695/18
30/11/2018 |
Vladimir Yuryevich BEZRUKOV
1986
|
Badamshin Sergey Viktorovich
Moscow |
Moscow Military Court, Moscow Circuit Military Court
16/05/2018 – 23/11/2018 |
7,500 | |
| 43. | 59060/18
05/12/2018 |
Aleksandr Yuryevich VOROBYEV
1970 |
|
Kanavinskiy District Court of Nizhniy Novgorod; Nizhniy Novgorod Regional Court
video link from SIZO (unspecified) 07/06/2018 |
7,500 | |
| 44. | 1231/19
08/12/2018 |
Anna Igorevna GONCHAROVA
1998
|
Vtorushin Nikolay Aleksandrovich
Tyumen |
Tobolsk Town Court, multiple court hearings
from 25/05/2018 to 29/06/2018 |
7,500 | |
| 45. | 2189/19
24/12/2018 |
Vitaliy Vladimirovich ISAYEV
1973
|
Baldin Vladimir Aleksandrovich
Volgodonsk |
Rostov Regional Court
from 04/07/2018 to 01/08/2018 |
7,500 | |
| 46. | 2862/19
18/12/2018 |
Vasiliy Anatolyevich NESHATAYEV
1985
|
Filatyev Vladislav Aleksandrovich
Kaliningrad |
Tyumen Regional Court (via video link from a remand prison)
04/09/2018 |
7,500 | |
| 47. | 3266/19
19/12/2018 |
Sergey Vasilyevich SKLYAR
1993
|
Sarmasin Damir Fazylzhanovich
Orsk |
Sol-Iletskiy District Court of Orenburg Region
11/07/2018 |
7,500 | |
| 48. | 4648/19
04/01/2019 |
Danil Yegorovich RUSSKIN
1997
|
Vtorushin Nikolay Aleksandrovich
Tyumen |
Surgut District Court of the Khanty-Mansi Autonomous Region
26/09/2018 |
7,500 | |
| 49. | 4908/19
04/12/2018 |
Aleksandr Gennadyevich RADCHENKO
1975 |
|
Tsentralnyy District Court of Novokuznetsk, Kemerovo Region Court
25/07/2018 |
7,500 | |
| 50. | 5129/19
08/01/2019 |
Sergey Vasilyevich NIKITYUK
1989 |
Vtorushin Nikolay Aleksandrovich
Tyumen |
Tyumen Regional Court
12/11/2018 |
7,500 |
[i] Plus any tax that may be chargeable to the applicants.
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