CASE OF DZUNDZA AND OTHERS v. RUSSIA

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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