Last Updated on February 1, 2024 by LawEuro
The applicants complained about their confinement in a metal cage in the courtroom during the criminal proceedings against them.
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. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
European Court of Human Rights
SECOND SECTION
CASE OF DZUNDZA AND OTHERS v. RUSSIA
(Applications nos. 26285/19 and 46 others – see appended list)
JUDGMENT
STRASBOURG
1 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Dzundza 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 11 January 2024,
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 the courtroom during the 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 confinement 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 had an effective domestic remedy in respect of their grievance under Article 3, contrary to Article 13 of the Convention, which reads 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. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 13 of the Convention (for similar approach 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 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 Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning inadequate conditions of post-conviction detention and the lack of an effective remedy in that respect; Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees).
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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 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 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 the appended table);
6. Holds that it is not necessary to deal separately with the applicants’ complaints under Article 13 of the Convention related to the lack of an effective domestic remedy to complain about 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 1 February 2024, 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 |
Start date | End date | 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. | 26285/19
06/05/2019 |
Aleksey Alekseyevich DZUNDZA
1977 |
|
Kirovskiy District Court of Krasnoyarsk
|
27/10/2018 | 08/11/2018 | 7,500 | |
2. | 26496/19
13/05/2019 |
Koba Shalvovich SHURGAYA
1972 |
Krikun Leonid Leonidovich
St Petersburg |
Segezha Town Court of the Karelia Republic
In a courtroom Supreme Court of the Karelia Republic Video link 13/11/2018
Segezha Town Court of the Karelia Republic Video link from IK-7, the Karelia Republic 19/08/2020 |
30/01/2018
19/08/2020 |
13/11/2018
19/08/2020 |
7,500 | |
3. | 26648/19
06/05/2019 |
Ivan Anatolyevich RYDANOV
1990 |
|
Voroshilovskiy District Court of Volgograd; Volgograd Regional Court
10/04/2019
|
15/06/2018 | 10/04/2019 | 7,500 | |
4. | 26688/19
06/05/2019 |
Sergey Vasilyevich PUPENKO
1990 |
Prokofyeva Viktoriya Pavlovna
St Petersburg |
Nevskiy District Court of St Petersburg
26/03/2019 |
08/11/2018 | 26/03/2019 | 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 van on a number of occasions from the detention facility to the courthouse; inadequate temperature, lack of fresh air, overcrowding; from 08/11/2018 to 26/03/2019 |
8,500 |
5. | 28605/19
14/05/2019 |
Aleksandr Sergeyevich NESMACHNYKH
1989 |
|
Ingodinskiy District Court of Chita
24/12/2018 |
17/09/2018 | 24/12/2018 | 7,500 | |
6. | 28993/19
27/05/2019 |
Andrey Andreyevich POPOV
1996 |
Urlashov Aleksey Mikhaylovich
St Petersburg |
Gatchina Town Court of the Leningrad Region
05/04/2019 |
10/05/2018 | 05/04/2019 | 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 on numerous occasions from the detention facility to the courthouse from 10/05/2018 to 05/04/2019: less than 3 sq. m of personal space, transfers lasted from 1.5 to 5 hours; no hot meals on the days of the hearings |
8,500 |
7. | 29154/19
20/05/2019 |
Aleksandr Yuryevich BELYAKOV
1964 |
Urlashov Aleksey Mikhaylovich
St Petersburg |
St Petersburg City Court
Video link from SIZO-6, St Petersburg 28/11/2018
|
26/11/2018 | 28/11/2018 | 7,500 | |
8. | 29410/19
23/05/2019 |
Artem Anatolyevich LOSEV
1990 |
Urlashov Aleksey Mikhaylovich
St Petersburg |
Kuybyshevskiy District Court of St Petersburg; Vyborg Town Court of Leningrad Region, Leningrad Regional Court.
In person at courts and via video link from SIZO-3, Leningrad Region 11/01/2018 |
16/01/2016 | 21/05/2019 | 7,500 | |
9. | 30273/19
27/05/2019 |
Aleksandr Aleksandrovich BARTENEV
1980 |
|
Sysolskiy District Court of the Komi Republic
|
03/04/2019 | 07/05/2019 | 7,500 | |
10. | 30353/19
21/05/2019 |
Maksim Dzhabrailovich NURMAGOMEDOV
1980 |
Pavlov Anton Sergeyevich
Saint Petersburg |
On numerous occasions starting from 30/04/2017 before the courts of St Petersburg
26/02/2019 |
30/04/2017 | 26/02/2019 | 7,500 | |
11. | 30658/19
27/05/2019 |
Ruslan Vladimirovich VORONTSOV
1977 |
|
Leninskiy District Court of Krasnoyarsk
Krasnoyarsk Regional Court 02/12/2019
Tsentralnyy District Court of Krasnoyarsk 02/12/2020 |
21/08/2018
25/02/2019
13/07/2020 |
21/09/2020
24/08/2020 |
Art. 3 – inadequate conditions of detention during transport – numerous occasions of transport from the detention facility in Sosnovoborsk to the courthouse, starting from 21/08/2018 and on-going; several hours of transport by van; overcrowding; restricted access to toilet;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
7,500 |
12. | 31524/19
30/08/2019 |
Aleksey Mikhaylovich MAMROV
1987 |
|
Milkovskiy District Court of Kamchatka Region
from 05/02/2019 to 18/06/2019 |
05/02/2019 | 18/06/2019 | 7,500 | |
13. | 31894/19
03/06/2019 |
Sergey Anatolyevich ZEMTSOV
1974 |
Petrov Roman Nikolayevich
Cheboksary |
Kanavinskiy District Court of Nizhniy Novgorod, Nizhniy Novgorod Regional Court (by way of videoconference from the detention facility)
28/03/2019 |
04/05/2018 | 28/03/2019 | Art. 13 – lack of any effective remedy in domestic law in respect of poor conditions of detention and inadequate conditions of transport,
Art. 3 – inadequate conditions of detention during transport – inadequate conditions of transport by prison van on numerous occasions between the detention facility and the courthouse in the period from 04/05/2018 to 04/02/2019; 0.3 sq. m of personal space; lack of fresh air; restricted access to toilet;
Art. 3 – inadequate conditions of detention after conviction – IK-11 Nizhniy Novgorod Region, detention from 22/04/2019, pending as of 16/09/2022; less than 2 sq. m of personal space; overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air;
Art. 8 (1) – permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – SIZO-1 Nizhniy Novgorod 19/02/2019-23/02/2019 in cell 15/171, opposite-sex operators |
11,000 |
14. | 33728/19
19/06/2019 |
Maksim Aleksandrovich MORALEV
1980 |
Semyanovskiy Dmitriy Aleksandrovich
Astrakhan |
Trusovskiy District Court of Astrakhan, Astrakhan Regional Court
14/05/2019 |
30/08/2018 | 14/05/2019 | 7,500 | |
15. | 34112/19
23/05/2019 |
Anton Ivanovich SOFRONOV
1989 |
|
Pryazhinskiy District Court of the Kareliya Republic
|
18/11/2018 | Pending on the date when the application was lodged with the Court | 7,500 | |
16. | 34944/19
09/06/2019 |
Ivan Viktorovich ZHEREBTSOV
1988 |
|
Syktyvkar Town Court
11/02/2019 |
Beginning date unknown | 11/02/2019 | Art. 13 – lack of any effective remedy in domestic in respect of poor conditions of detention;
Art. 3 – inadequate conditions of detention after conviction – detention in IK-19 Komi Republic, from 04/01/2019, pending as of 16/09/2022; 2.4 sq. m of personal space; overcrowding, poor quality of food, mouldy or dirty cell, lack of fresh air, lack of or poor quality of bedding and bed linen |
16,300 |
17. | 35714/19
27/01/2020 |
Arkadiy Vladimirovich LESHCHEV
1990 |
Sergeyeva Yelizaveta Alekseyevna
Tyumen |
Nefteyuganskiy District Court of Khanty-Mansi Autonomous Region
09/08/2019 |
21/08/2018 | 09/08/2019 | 7,500 | |
18. | 35723/19
24/08/2019 |
Anton Yuryevich CHAKHLOV
1988 |
|
Oktyabrskiy District Court of Krasnoyarsk
|
18/01/2019 | 22/05/2019 | 7,500 | |
19. | 36528/19
28/06/2019 |
Ivan Vladimirovich KOROLEV
1982 |
Petrov Roman Nikolayevich
Cheboksary |
Pavlov Posad Town Court of the Moscow Region (metal cages during trial court hearings in person)
Moscow Regional Court (from SIZO -2, Yaroslavl Region) 05/03/2019
|
20/04/2018 | 05/03/2019 | 7,500 | |
20. | 36939/19
25/06/2019 |
Omar Guramovich USOYAN
1990 |
Fedorkov Andrey Aleksandrovich
St Petersburg |
Moscow District Court of St Petersburg
25/12/2018 |
22/09/2015 | 25/12/2018 | Art. 3 – inadequate conditions of detention during transport – transfers between courthouses and remand prisons in St Petersburg from 22/09/2015 to 18/04/2019; 0.25 sq. m; overcrowding, lack of fresh air | 8,500 |
21. | 38505/19
14/07/2019 |
Olga Viktorovna GORBACHEVA
1980 |
Kostetskiy Denis Gennadiyevich
Moscow |
Oktyabrskiy District Court of Tambov;
Tambov Regional Court;
Video link from SIZO-1, Tambov Region 29/03/2019 |
18/09/2018
18/02/2019 |
11/02/2019
29/03/2019 |
7,500 | |
22. | 38820/19
08/07/2019 |
Akhmed Magomedrasulovich MAGOMEDOV
1990 |
|
Krasnoyarsk Region Court
10/01/2019 |
10/01/2019 | 10/01/2019 | 7,500 | |
23. | 41684/19
13/07/2019 |
Dmitriy Vladislavovich SINEV
1991 |
Petrov Roman Nikolayevich
Cheboksary |
Elektrostal Town Court of Moscow Region (hearings in person);
Moscow Regional Court (video link during an appeal hearing from SIZO-1, Ivanovo Region) 19/03/2019 |
30/06/2017 | 19/03/2019 | 7,500 | |
24. | 43156/19
31/07/2019 |
Mikhail Mikhaylovich TERENTYEV
1977 |
Loskutov Vyacheslav Alekseyevich
Moscow |
North-Caucasus Circuit Military Court
31/01/2019 |
22/11/2018 | 31/01/2019 | 7,500 | |
25. | 44803/19
05/08/2019 |
Igor Nikolayevich SIGIDA
1963 |
|
Novocherkassk Town Court of the Rostov Region, Rostov Regional Court
|
02/11/2018 | 13/02/2019 | 7,500 | |
26. | 44876/19
30/07/2019 |
Sergey Viktorovich KONNOV
1980 |
|
Slavyansk-on-Kuban Town Court of the Krasnodar Region
29/03/2019 |
28/03/2017 | 29/03/2019 | Art. 3 – inadequate conditions of detention during transport – transport on 03-05/05/2019 and 08-09/05/2019 by train; lack of an individual sleeping place; overcrowding; restricted access to toilet; poor sanitary conditions; restricted access to potable water and food; conditions of transport by van on multiple occasions between 04/04/2017 and 29/03/2019, SIZO-3 Novorossiysk – Slavyansk Town Court – SIZO-1 Krasnodar – IVS Slavyansk-on-Kuban; lack of a place to seat, overcrowding;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of transport |
8,500 |
27. | 45367/19
02/08/2019 |
Nikita Igorevich CHERNOMORETS
1990 |
|
Vakhitovskiy District Court of Kazan
17/04/2019
Supreme Court of the Republic of Tatarstan 29/05/2019 |
17/04/2019
29/05/2019 |
17/04/2019
29/05/2019 |
Art. 3 – inadequate conditions of detention during transport – from 04/04/2018 to 05/10/2021 from SIZO-1 Republic of Tatarstan to the Sovetskiy District Court of Kazan in vans (59 transfers; return trip: 5 to 6 hours) and detention in holding cells: overcrowding, no or restricted access to toilet, no food provided on the dates of the court hearings;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
8,500 |
28. | 45955/19
25/07/2019 |
Andrey Andreyevich ZAMOTAYEV
1996 |
|
Krasnoyarsk Regional Court
|
29/01/2019 | 07/02/2019 | 7,500 | |
29. | 46996/19
25/08/2019 |
Maksim Nikolayevich ZAGORULYA
1981 |
Gerasimov Valeriy Vladimirovich
Minkino |
Cherepovets Town Court, Vologda Regional Court;
Video link from an unidentified facility 27/02/2019 |
12/08/2017 | 27/02/2019 | 7,500 | |
30. | 47605/19
27/08/2019 |
Nikolay Sergeyevich POKHORUKOV
1985 |
Petrov Roman Nikolayevich
Cheboksary |
Istra Town Court of the Moscow Region;
Moscow Regional Court Video link from SIZO-1, Ivanovo Region 04/04/2019 |
17/08/2018
|
04/04/2019 | 7,500 | |
31. | 47622/19
04/08/2019 |
Aleksandr Vladimirovich SILANTYEV
1985 |
|
Kirovskiy District Court of Krasnoyarsk, Tsentralnyy District Court of Krasnoyarsk | 30/08/2018 | 06/02/2019 | 7,500 | |
32. | 47913/19
05/08/2019 |
Dun CHEN
1985 |
Murashkin Igor Gennadyevich
St Petersburg |
Saint-Petersburg City Court; Video link from SIZO-1 in St Petersburg and Leningrad Region
08/04/2019 |
08/04/2019 | 08/04/2019 | 7,500 | |
33. | 48265/19
26/08/2019 |
Yevgeniy Aleksandrovich ANIKIYENKO
1980 |
|
Pushkinskiy Town Court of St Petersburg and St Petersburg City Court,
on numerous occasions during court hearings
|
20/01/2017 | 21/03/2019 | Art. 3 – inadequate conditions of detention during transport – transport by van on numerous occasions from the detention facility to the court houses to take part in the hearings from 20/01/2017 to 21/03/2019; overcrowding; 2-4 hours of transport; restricted access to toilet; no lighting; and poor conditions of transport between SIZO-1 of St Petersburg and IK-2 Zabaykalskiy Region during 20/04/2019-21/06/2019;
Art. 13 – lack of any effective remedy in domestic law in respect of poor conditions of transport |
8,500 |
34. | 48294/19
02/09/2019 |
Aleksey Gennadyevich KEYS
1980 |
Yezhov Yevgeniy Sergeyevich
Velikiy Novgorod |
Novgorodskiy District Court of Novgorod Region, numerous occasions
13/06/2019 |
16/12/2018 | 13/06/2019 | 7,500 | |
35. | 48920/19
09/08/2019 |
Rafail Failovich GALIKEYEV
1982 |
Stasyuk Olga Andreyevna
St Petersburg |
Petrozavodsk Town Court of the Karelia Republic, Supreme Court of Karelia (videoconference)
13/02/2019 |
26/10/2017 | 13/02/2019 | Art. 3 – inadequate conditions of detention during transport – transport by van and train on 26/03/2019; 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 |
8,500 |
36. | 49568/19
07/09/2019 |
Ryskeldi Abdygaparovich ABDYGAPAROV
1992 |
Kondratyuk Yegor Ivanovich
Moscow |
Kuzminskiy District Court of Moscow
|
25/02/2019 | 14/08/2019 | 7,500 | |
37. | 49980/19
09/09/2019 |
Magomedsalakh Balavdiyevich ALBEKOV
1962 |
Isayev Ayndi Khamzatovich
Krasnoyarsk |
Tsentralnyy District Court of Krasnoyarsk, Krasnoyarsk Regional Court
30/09/2019 |
15/03/2018 | 30/09/2019 | 7,500 | |
38. | 50383/19
07/09/2019 |
Nikita Sergeyevich NIKONOV
1986 |
Urlashov Aleksey Mikhaylovich
St Petersburg |
Nevskiy District Court of St Petersburg
15/04/2019 |
01/11/2018 | 15/04/2019 | 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 – numerous occasions of transport from the detention facility to the courthouse; between 18/11/2015 and 05/06/2019; 0.3 sq. m, lack of fresh air, overcrowding, lack of hot meal during the day, lack of or insufficient physical exercise in fresh air, inadequate temperature, mouldy or dirty cell, no or restricted access to toilet
|
8,500 |
39. | 50544/19
13/09/2019 |
Marat Aukhatovich TULYAKOV
1979 |
|
Privolzhskiy Circuit Military Court
13/03/2019 |
03/10/2018 | 13/03/2019 | Art. 3 – inadequate conditions of detention during transport – transport by a van to the courthouse on numerous occasions in the period between 03/10/2018 to 13/03/2019; lack of fresh air, lack of or insufficient natural light, overcrowding, passive smoking, no or restricted access to toilet, lack or inadequate furniture;
Art. 13 – lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport |
8,500 |
40. | 53801/19
18/01/2020 |
Tikhon Aleksandrovich KOSTIN
1987 |
Dvizov Aleksey Vladimirovich
Nyagan |
Altai Regional Court
Video link from SIZO, Biysk Altai Region 01/08/2019 |
01/08/2019 | 01/08/2019 | 7,500 | |
41. | 54101/19
04/10/2019 |
Anton Sergeyevich STETSENKO
1979 |
Markin Maksim Aleksandrovich
St Petersburg |
Detention in a metal cage during the trial hearings at the Sergiyev Posad Town Court
17/04/2019 |
01/03/2019 | 17/04/2019 | Art. 3 – inadequate conditions of detention during transport – transport between the remand prison and the domestic courts on several occasions from 01/03/2019 to 17/04/2019 (overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, passive smoking, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to potable water). Transport by train from 15/06/2019 to 16/06/2019 (overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of fresh air, passive smoking, no or restricted access to potable water, no or restricted access to toilet) | 8,500 |
42. | 54289/19
09/10/2019 |
Aydan Aleksandrovich BAZYR-SADY
1989 |
Pleshkov Maksim Alekseyevich
Moscow |
Ulug-Khemskiy District Court of the Republic of Tyva
09/04/2019 |
09/04/2019 | 09/04/2019 | 7,500 | |
43. | 54593/19
09/10/2019 |
Sergey Vitalyevich KATAYEV
1978 |
Pleshkov Maksim Alekseyevich
Moscow |
Kyzyl Town Court; Supreme Court of the Republic of Tyva
03/06/2019 |
18/01/2018 | 03/06/2019 | 7,500 | |
44. | 58119/19
16/10/2019 |
Arsen Anatolyevich YERIZHOKOV
1980 |
Khorikov Andrey Vladimirovich
St Petersburg |
Primorskiy District Court of St Petersburg and the Petrogradskiy District Court of St Petersburg, detention and trial hearings,
and the appellate hearings concerning the applicant’s detention held at the St Petersburg City Court through videoconference 14/10/2019 |
10/09/2018 | 14/10/2019 | 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 – van on multiple occasions from 24/08/2018 to 14/10/2019 (overcrowding, 0.3-0.4 sq.m. per inmate, lack of fresh air, lack of heating, lack of safety belts, handcuffing during transport) |
8,500 |
45. | 58293/19
25/10/2019 |
Valeriy Valeryevich MOROZOV
1977 |
Avanesyan Aleksey Viktorovich
Yekaterinburg |
Pervomayskiy District Court of the Krasnodar Region, Oktyabrskiy District Court of the Krasnodar Region, Krasnodar Regional Court
|
06/04/2019 | 21/10/2019 | Art. 5 (3) – excessive length of pre-trial detention – from 04/04/2019 to 19/06/2020, 1 year(s) and 2 month(s) and 16 day(s);
specific defects: use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to examine the possibility of applying other measures of restraint; |
8,500 |
46. | 59391/19
06/11/2019 |
Konstantin Gennadyevich ANTONKIN
1969 |
Voronkina Anna Aleksandrovna
Kemerovo |
Tsentralnyy District Court of Kemerovo
|
01/08/2018 | Proceedings pending on the date when the application was lodged with the Court | 7,500 | |
47. | 60716/19
15/11/2019 |
Artem Aleksandrovich CHURINOV
1983 |
Semyanovskiy Dmitriy Aleksandrovich
Astrakhan |
Astrakhan Regional Court (by way of videoconference from SIZO-1 Astrakhan Region)
11/07/2019 |
11/07/2019 | 11/07/2019 | 7,500 |
[i] Plus any tax that may be chargeable to the applicants.
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