KURMAYEV AND OTHERS v. RUSSIA - 41670/18 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 692 (14 September 2023)


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> KURMAYEV AND OTHERS v. RUSSIA - 41670/18 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 692 (14 September 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/692.html
Cite as: [2023] ECHR 692

[New search] [Contents list] [Help]


 

 

THIRD SECTION

CASE OF KURMAYEV AND OTHERS v. RUSSIA

(Applications nos. 41670/18 and 38 others -

see appended list)

 

 

 

 

 

 

JUDGMEN
 

STRASBOURG

14 September 2023

 

This judgment is final but it may be subject to editorial revision.


In the case of Kurmayev and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Peeter Roosma, President,
 Ioannis Ktistakis,
 Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 July 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 of the inadequate conditions of their detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. 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.

  1. 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).

  1. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION


7.  The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.


8.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case-law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, 20 October 2016; Kudła v. Poland [GC], no. 30210/96, §§ 90-94, ECHR 2000-XI; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36-40, 7 April 2005).


9.  In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' conditions of detention were inadequate.


11.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

  1. 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 Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention, and Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, concerning inadequate conditions of transport).

  1. 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, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, nos. 16401/12 and 9 others, 21 March 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 after conviction;
  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

(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 14 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Peeter Roosm
 Acting Deputy Registrar President

 


APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention after conviction)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Facility

Start and end date

Duration

Inmates per brigade

Sq. m per inmate

Number of toilets per brigade

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)[1]

  1.    

41670/18

13/08/2018

Rinat Rastyamovich KURMAYEV

1973

 

 

IK-11 Nizhniy Novgorod

24/12/2016

pending as of 16/09/2022

5 year(s) and 8 month(s) and 24 day(s)

1.2-1.8 m²

lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.    

41876/18

20/08/2018

Aleksandr Gennadyevich LAVROV

1979

 

 

IK-11 Nizhniy Novgorod Region

15/06/2007

pending as of 16/09/2022

15 year(s) and 3 month(s) and 2 day(s)

140 inmate(s)

8 toilet(s)

overcrowding, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, lack of privacy for toilet, poor quality of food, no or restricted access to shower, inadequate clothing allowance

 

12,500

  1.    

41986/18

15/08/2018

Maksim Sergeyevich SHKEDOV

1986

 

 

IK-2 Zabaykalskiy Region

01/02/2018

pending as of 16/09/2022

4 year(s) and 7 month(s) and 16 day(s)

120 inmate(s)

2 m²

lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, overcrowding

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.    

42038/18

16/08/2018

Vitaliy Mikhaylovich KULISH

1985

 

 

IK-11 Nizhniy Novgorod Region

22/05/2017

pending as of 16/09/2022

5 year(s) and 3 month(s) and 26 day(s)

1.1-1.2 m²

passive smoking, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, twin beds, poor quality of food, lack of toiletries, no or restricted access to toilet, lack of outfit

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.    

42200/18

14/08/2018

Bashir Abdurashidovich AKHMEDOV

1983

 

 

IK-37 Perm Region

25/09/2016

pending as of 16/09/2022

5 year(s) and 11 month(s) and 23 day(s)

180 inmate(s)

<2 m²

mouldy or dirty cell, no or restricted access to toilet, lack of or restricted access to leisure or educational activities, inadequate temperature, lack of fresh air, no or restricted access to shower, no or restricted access to warm water

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.    

42379/18

22/08/2018

Aleksandr Sergeyevich POSTNIKOV

1982

 

 

IK-11 Nizhniy Novgorod Region

03/04/2017

pending as of 16/09/2022

5 year(s) and 5 month(s) and 14 day(s)

56 inmate(s)

2 m²

 

overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water

 

12,500

  1.    

42460/18

20/08/2018

Yaroslav Sergeyevich GURINOV

1991

 

 

IK-11 Nizhniy Novgorod Region

21/08/2017

pending as of 16/09/2022

5 year(s) and 27 day(s)

120 inmate(s)

< 2 m²

7 toilet(s)

overcrowding, insufficient number of toilets and wash basins, poor quality of food, inadequate clothing allowance, lack of fresh air

 

12,500

  1.    

42528/18

20/08/2018

Aleksandr Vladimirovich KOLESOV

1982

 

 

IK-11 Nizhniy Novgorod Region

01/11/2015

pending as of 16/09/2022

6 year(s) and 10 month(s) and 16 day(s)

1.5 m²

overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.    

42588/18

26/02/2019

Maksim Anatolyevich SHEVELEV

1969

Kovalev Pavel Aleksandrovich

Khabarovsk

IK-11 Nizhniy Novgorod Region

01/03/2017

pending as of 16/09/2022

5 year(s) and 6 month(s) and 16 day(s)

120 inmate(s)

1.7 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

42605/18

17/08/2018

Nikolay Valentinovich TOROPOV

1960

 

 

IK-11 Nizhniy Novgorod Region

15/06/2018

pending as of 16/09/2022

4 year(s) and 3 month(s) and 2 day(s)

110 inmate(s)

1.5 m²

overcrowding, lack of requisite medical assistance, poor quality of food

Art. 3 - inadequate conditions of detention during transport - by van and train and detention in a transit facility, 05/06/2018 to 09/06/2018, 0.25 sq. m; van, 09/06/2018, 0.25 sq. m; lack of privacy for toilet,

 

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

13,500

  1.  

42748/18

27/08/2018

Viktor Nikolayevich YAZVENKO

1963

 

 

IK-11 Nizhniy Novgorod Region

01/05/2017

pending as of 16/09/2022

5 year(s) and 4 month(s) and 16 day(s)

1.6 m²

overcrowding, lack of fresh air, inadequate temperature, 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

12,500

  1.  

42828/18

11/09/2018

Sergey Vladimirovich SEMIKIN

1973

 

 

IK-9 Volgograd Region

21/10/2010

pending as of 16/09/2022

11 year(s) and 10 month(s) and 27 day(s)

1.2 m²

overcrowding, cell surface not sufficient to move freely between furniture items, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, inadequate temperature, passive smoking, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, inadequate provision of seasonal clothing, inadequate conditions of labour

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

42834/18

01/09/2018

Mikhail Vladimirovich FEDOTOV

1988

 

 

IK-5 Kirov Region

03/09/2015 to

29/05/2018

2 year(s) and 8 month(s) and 27 day(s)

100 inmate(s)

2.9 m²

7 toilet(s)

no or restricted access to running water, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, constant electric light, poor quality of food, inadequate clothing

 

5,000

  1.  

42850/18

28/08/2018

Umar Salambekovich CHAPANOV

1977

 

 

IK-11 Nizhniy Novgorod Region

01/01/2016

pending as of 16/09/2022

6 year(s) and 8 month(s) and 16 day(s)

1.5 m²

overcrowding, lack of or insufficient natural light, constant electric light, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, poor quality of food, lack of time for eating food in the canteen

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

42951/18

28/08/2018

Vasiliy Vladimirovich BURKOV

1978

 

 

IK-11 Nizhniy Novgorod Region

30/11/2012

pending as of 16/09/2022

9 year(s) and 9 month(s) and 18 day(s)

2.3 m²

overcrowding, infestation of cell with insects/rodents, lack of fresh air

 

12,500

  1.  

43042/18

30/08/2018

Artem Nikolayevich STUKOV

1990

Kulakov Yevgeniy Valeryevich

Arkhangelsk

IK-1 Arkhangelsk Region

05/07/2015 to

pending as of 16/09/2022

7 year(s) and 2 month(s) and 12 day(s)

80 inmate(s)

2 m²

4 toilet(s)

no or restricted access to warm water, poor quality of food, overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of toiletries

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43112/18

20/08/2018

Mikhail Pavlovich YAKIMOVICH

1978

 

 

IK-11 Nizhniy Novgorod Region

01/06/2017

pending as of 16/09/2022

5 year(s) and 3 month(s) and 16 day(s)

 

110 inmate(s)

1.7 m²

lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43179/18

28/08/2018

Viktor Ivanovich BRITAN

1989

 

 

IK-11 Nizhniy Novgorod Region

20/11/2014 to

14/08/2018

3 year(s) and 8 month(s) and 26 day(s)

135 inmate(s)

2.3-2.5 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, insufficient number of toilets and wash basins, inadequate clothing allowance for wintertime

 

5,000

  1.  

43226/18

24/08/2018

Sergey Anvarovich BABADZHANOV

1958

 

 

IK-37 Perm Region

12/02/2018

pending as of 16/09/2022

4 year(s) and 7 month(s) and 5 day(s)

200 inmate(s)

1.2 m²

3 toilet(s)

overcrowding, 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

12,500

  1.  

43231/18

24/08/2018

Boris Vladimirovich UDALOV

1975

 

 

IK-11 Nizhniy Novgorod Region

29/01/2018 to

14/08/2018

6 month(s) and 17 day(s)

140 inmate(s)

2.3 m²

6 toilet(s)

overcrowding, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to running water, no or restricted access to toilet

 

3,300

  1.  

43642/18

27/08/2018

Kirill Aleksandrovich TRUNILIN

1992

 

 

IK-11 Nizhniy Novgorod Region

22/06/2015

pending as of 16/09/2022

7 year(s) and 2 month(s) and 26 day(s)

1.5 m²

lack of fresh air, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to toilet, overcrowding, passive smoking, poor quality of food

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43694/18

27/08/2018

Oleg Valeryevich ZINCHENKO

1987

 

 

IK-11 Nizhniy Novgorod

01/09/2017

pending as of 16/09/2022

5 year(s) and 16 day(s)

140 inmate(s)

2.3-2.6 m²

infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, passive smoking, no or restricted access to shower, no or restricted access to toilet

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43720/18

27/08/2018

Vitaliy Aleksandrovich LOTKOV

1984

Solovyev Igor Anatolyevich

Rzhev

IK-11 Nizhniy Novgorod Region

24/02/2015

pending as of 16/09/2022

7 year(s) and 6 month(s) and 24 day(s)

1.7 m²

3 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to toilet, poor quality of food, lack of or insufficient physical exercise in fresh air

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43727/18

16/08/2018

Aleksandr Nikolayevich CHEPURNOV

1978

 

 

IK-11 Nizhniy Novgorod Region

03/07/2017

pending as of 16/09/2022

5 year(s) and 2 month(s) and 14 day(s)

136 inmate(s)

1.5 m²

6 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to toilet, poor quality of potable water, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to shower

 

12,500

  1.  

43794/18

30/08/2018

Nikolay Ivanovich DMITRENKO

1966

Kulakov Yevgeniy Valeryevich

Arkhangelsk

IK-11 Nizhniy Novgorod Region

01/03/2018

pending as of 16/09/2022

4 year(s) and 6 month(s) and 16 day(s)

70 inmate(s)

1.3 m²

5 toilet(s)

overcrowding, inadequate temperature, no or restricted access to toilet, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease, constant electric light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, no or restricted access to shower

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43873/18

04/09/2018

Vladimir Pavlovich ZELENSKIY

1969

 

 

IK-11 Nizhniy Novgorod Region

16/11/2015

pending as of 16/09/2022

6 year(s) and 10 month(s) and 1 day(s)

1.7 m²

no or restricted access to running water, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to toilet, small dining room, poor quality of food, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack of or insufficient natural light, the small courtyard, passive smoking, lack of or inadequate hygienic facilities, lack of fresh air, mouldy or dirty cell

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43890/18

31/08/2018

Valeriy Romanovich MESHKOV

1995

 

 

IK-11 Nizhniy Novgorod Region

19/12/2016

pending as of 16/09/2022

5 year(s) and 8 month(s) and 29 day(s)

1.5 m²

lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43964/18

31/08/2018

Sergey Yevgenyevich AGAFONOV

1975

 

 

IK-11 Nizhniy Novgorod Region

29/05/2017

pending as of 16/09/2022

5 year(s) and 3 month(s) and 19 day(s)

150 inmate(s)

1.5 m²

lack of or inadequate hygienic facilities, poor quality of food, overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43972/18

30/08/2018

Mikhail Vasilyevich KONOPLEV

1983

 

 

OIK-36 IK-5 Krasnoyarsk Region

09/08/2017

pending as of 16/09/2022

5 year(s) and 1 month(s) and 8 day(s)

150 inmate(s)

2 m²

3 toilet(s)

overcrowding, lack of or inadequate hygienic facilities, lack of fresh air

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

43994/18

21/12/2018

Vladimir Anatolyevich IKONNIKOV

1973

 

 

IK-5 Krasnoyarsk Region

17/07/2017 to

11/10/2018

1 year(s) and 2 month(s) and 25 day(s)

26 inmate(s)

2.3 m²

bunk beds, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food, lack of fresh air

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

5,000

  1.  

44968/18

07/02/2018

Sergey Vyacheslavovich IVLEV

1983

 

 

IK-11 Nizhniy Novgorod Region

23/10/2017

pending as of 16/09/2022

4 year(s) and 10 month(s) and 25 day(s)

39 inmate(s)

1.5 m²

lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, overcrowding, poor quality of food, poor quality of potable water, inadequate prison clothing

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

 

Art. 3 - inadequate conditions of detention during transport - transport in a van from 24/06/2016 to 12/09/2017: 0.3 m², inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, no or restricted access to toilet

13,500

  1.  

45385/18

04/09/2018

Aleksandr Sergeyevich KOMAROV

1995

 

 

IK-11 Nizhniy Novgorod Region

01/03/2017

pending as of 16/09/2022

5 year(s) and 6 month(s) and 16 day(s)

130 inmate(s)

1.5 m²

6 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, no or restricted access to shower, sharing cells with inmates infected with contagious disease

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

45387/18

04/09/2018

Aleksandr Anatolyevich DEKUSH

1964

 

 

IK-11 Nizhniy Novgorod Region

04/04/2015

pending as of 16/09/2022

7 year(s) and 5 month(s) and 13 day(s)

150 inmate(s)

1.7 m²

5 toilet(s)

overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of fresh air, narrow passages in the cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, bunk beds, no or restricted access to shower

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

45491/18

10/09/2018

Mikhail Fedorovich LUKYANOV

1982

 

 

IK-11 Nizhniy Novgorod Region

26/04/2010

pending as of 16/09/2022

12 year(s) and 4 month(s) and 22 day(s)

1.6 m²

lack of or restricted access to leisure or educational activities, insufficient number of sleeping places, lack of fresh air, inadequate temperature, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

45578/18

07/09/2018

Vasiliy Ilyich ULANOVICH

1966

Lemeshev Andrey Stanislavovich

Bryansk

IK-5 Kirov Region

10/04/2018 to

13/08/2018

4 month(s) and 4 day(s)

100 inmate(s)

2-2.9 m²

7 toilet(s)

overcrowding, insufficient number of toilets and wash basins, no or restricted access to running water, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, insufficient cutlery, inadequate clothing allowance, poor quality of food, insufficient and inadequate sports equipment, lack of or restricted access to leisure or educational activities

 

2,500

  1.  

45651/18

10/09/2018

Vladimir Ivanovich SUVOROV

1975

 

 

IK-1 Arkhangelsk Region

31/12/2016

pending as of 16/09/2022

5 year(s) and 8 month(s) and 17 day(s)

80 inmate(s)

2 m²

no or restricted access to toilet, overcrowding, poor quality of food, lack of requisite medical assistance, no or restricted access to warm water

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

45689/18

13/02/2019

Georgiy Petrovich ANTONOV

1976

 

 

IK-25 Chelyabinsk Region

06/06/2017

pending as of 16/09/2022

5 year(s) and 3 month(s) and 11 day(s)

130 inmate(s)

1 m²

10 toilet(s)

overcrowding, lack of fresh air, sharing cells with inmates infected with contagious disease, lack of or inadequate hygienic facilities

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

12,500

  1.  

45837/18

11/09/2018

Rafael Ruslanovich KALAGOV

1979

 

 

IK-11 Nizhniy Novgorod Region

08/08/2011 to

pending as of 16/09/2022

11 year(s) and 1 month(s) and 9 day(s)

132 inmate(s)

1.4 m²

6 toilet(s)

overcrowding, lack of fresh air, lack of or restricted access to leisure or educational activities, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, passive smoking, mouldy or dirty cell, poor quality of food, sharing cells with inmates infected with contagious disease

 

12,500

  1.  

45838/18

10/09/2018

Fedor Gennadyevich PROKHOROV

1984

 

 

IK-5 Kirov Region

08/11/2016 to

28/08/2018

1 year(s) and 9 month(s) and 21 day(s)

100 inmate(s)

2 m²

overcrowding, no or restricted access to shower, no or restricted access to toilet, no or restricted access to running water, poor quality of food, lack or insufficient quantity of food

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention

5,000

 


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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2023/692.html