FILIMONOV AND OTHERS v. RUSSIA - 3219/19 (Article 3 - Prohibition of torture : First Section Committee) [2023] ECHR 968 (30 November 2023)

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Cite as: [2023] ECHR 968

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FIRST SECTION

CASE OF FILIMONOV AND OTHERS v. RUSSIA

(Applications nos. 3219/19 and 50 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

STRASBOURG

30 November 2023

 

 

 

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

 


In the case of Filimonov and Others v. Russia,

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

 Péter Paczolay, President,
 Gilberto Felici,
 Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 November 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 detention during their transport. 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 detention during their transport. They relied on Article 3 of the Convention.


8.  The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case law regarding cramped and defective conditions in the detention and transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).


9.  In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present cases.


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 cases the applicants' conditions of detention during their transport were inadequate.


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

  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 findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 123-26, 4 October 2016, concerning the placement of applicants in a metal cage or a glass cabin in courtrooms; Idalov v. Russia, [GC], no. 5826/03, §§ 154-58, 22 May 2012, about delays in examination of the complaints against detention order; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, relating to inadequate conditions of detention after conviction and the lack of effective remedies in this respect; Tomov and Others, cited above, §§ 143-56, as regards the lack of effective remedies in respect of conditions of transport; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in detention facilities and the lack of an effective remedy in that respect.


13.  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 complaints under Article 13 of the Convention relating to the lack of an effective remedy as regards placement in a cage or a glass cabin at a court hearing (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


14.  Regard being had to the documents in its possession and to its case-law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the applications admissible;
  4. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
  5. Holds that there has been a violation of 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 deal separately with the complaint under Article 13 of the Convention concerning the alleged lack of an effective remedy in respect of the placement in a metal cage or a glass cabin in the courtroom;
  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 during the default period plus three percentage points.

Done in English, and notified in writing on 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Péter Paczolay

 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention during transport)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Representative's name and location

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

3219/19

30/01/2019

Anton Sergeyevich FILIMONOV

1987

 

 

train, transit cell

27/09/2018 to

12/10/2018

 

overcrowding (10-14 inmates are

placed in a compartment for 7

inmates), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet

 

Art. 3 - inadequate conditions of detention after conviction - conditions of detention in IK-8 Komi Republic since 12/10/18 and pending as of 16/09/2022 (2 sq. m., restricted access to potable and warm water and to the toilet, restricted access to shower, overcrowding),

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sovetskiy District Court of Bryansk, Bezhetskiy District Court of Bryansk, Bryansk Regional Court from 20/07/2017 to 21/08/2018,

 

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

16,300

  1.    

3262/19

12/12/2018

Oleg Viktorovich SHLIKHAR

1975

 

 

train

13/07/2018 to

15/07/2018

 

 

 

 

 

 

train

23/07/2018 to

23/07/2018

0.3 m²

 

 

 

 

 

 

 

 

0.3 m²

 

 

overcrowding, insufficient number of sleeping places, lack or inadequate furniture, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet

 

 

overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to potable water

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

1,000

  1.    

3297/19

08/12/2018

Denis Aleksandrovich KORCHIN

1977

 

 

train

13/09/2018 to

14/09/2018

 

 

van

21/12/2018 to

21/12/2018

 

 

train

17/06/2019 to

17/06/2019

 

 

train

07/07/2019 to

07/07/2019

 

train, van

15/12/2019 to

16/12/2019

0.47 m²

 

 

 

 

0.3 m²

 

 

 

 

0.36 m²

 

 

 

 

0.36 m²

 

 

 

0.3 m²

 

 

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

 

overcrowding, inadequate temperature, no handrails in a van, lack of fresh air, duration of the trip in a van was 1 hour 50 minutes

 

overcrowding, no or restricted access to toilet, lack of or insufficient electric light, poor quality of food, 6 hours' trip

 

overcrowding, no or restricted access to toilet, 6 hours' trip

 

 

see above,

1.3 hour-trip in a van, 14 hour-trip (train)

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Syktyvkar Town Court, Supreme Court of the Komi Republic, Pechora Town Court, Ust-Vymskiy District Court of the Komi Republic, Perm Regional Court, Third Cassation Court,

from 07/10/2020 to 29/03/2021,

 

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

 

8,500

  1.    

3369/19

12/12/2018

Valeriy Anatolyevich SHTIKEL

1978

Ashot Aleksandrovich Andreyev

Syktyvkar

train, van

05/09/2018 to

07/09/2018

0.4 m²

 

 

lack of fresh air, overcrowding, no or restricted access to toilet, poor quality of potable water

 

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

1,000

  1.    

3374/19

27/12/2018

Anton Georgiyevich KULIKOV

1982

Sergey Vladimirovich Kravchuk

St Petersburg

van, numerous occasions of transport within the indicated period from the detention facility to a courthouse

31/10/2014 to

25/12/2018

0.3 m²

 

 

overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient quantity of food

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

1,000

  1.    

3503/19

28/12/2018

Aleksandr Dmitriyevich GLUSHCHENKO

1973

 

 

train, transit cell, transport of the applicant from the initial detention facility to the detention facility of final destination in another region; stops in numerous transit detention facilities and further transport by train within the indicated period

15/05/2018 to

12/11/2018

< 0.6 m²

lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, no or restricted access to toilet, overcrowding, poor quality of food

 

 

1,000

  1.    

3604/19

08/12/2018

Aleksandr Valeryevich KORNEV

1987

 

 

transit cell, van, numerous occasions of transport between the detention facility and the courthouse

31/05/2017 to

30/07/2018

0.3 m²

 

 

no ventilation, lack of sitting places, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, passive smoking, lack of privacy for toilet, lack of fresh air, inadequate temperature, absence of safety belts and other safety equipment in a van, no or restricted access to toilet, no or restricted access to warm water, 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 during transport

1,000

  1.    

4253/19

10/12/2018

Mikhail Nikolayevich FILIPPOV

1986

 

 

van, transit cells, numerous occasions of transport to take part in court hearings within the period from

03/05/2018 to

15/06/2018

0.4-0.5 m²

 

 

overcrowding, lack of fresh air, lack of or insufficient electric light, applicant transported on numerous occasions, passive smoking, no or restricted access to toilet

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a number of hearings before the Vorkuta Town Court, the most recent known hearing on 15/06/2018, proceedings pending as of 16/09/2022,

 

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

8,500

  1.    

4501/19

16/01/2019

Dmitriy Alekseyevich TRUSHKIN

1980

 

 

van, train

03/11/2018 to

04/11/2018

0.37-0.5 m²

 

 

overcrowding, no or restricted access to toilet, no or restricted access to potable water, passive smoking, lack of or insufficient electric light, insufficient number of sleeping places

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

1,000

  1.  

4551/19

30/11/2018

Artem Ivanovich ZHIZHEV

1983

 

 

transit cell, van, train

11/09/2018 to

13/09/2018

 

 

 

train, van, transit cell

27/09/2018 to

29/09/2018

0.3m2

 

 

 

 

 

0.3 m2

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

 

see above

 

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

1,000

  1.  

4771/19

31/12/2018

Nikolay Alekseyevich MAMONTOV

1978

 

 

transit cell, train, van

03/07/2018 to

04/07/2018

 

transit cell, van, train

07/08/2018 to

07/08/2018

<0.5 m²

 

 

 

<0.5m²

 

 

lack of fresh air, lack of or insufficient electric light, overcrowding, insufficient number of sleeping places

 

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

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

1,000

  1.  

4803/19

18/12/2018

Leonid Sergeyevich TARAKANOV

1981

 

 

van, numerous occasions of transport to take part in court hearings

since 21/10/2017 and pending as of 16/09/2022

0.33-0.35 m²

 

 

overcrowding, lack of fresh air, lack of or insufficient electric light

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant on numerous occasions in a metal cage in court hearings before the Tsentralnyy District Court of Novosibirsk; since 21/10/2017 and pending as of 16/09/2022

8,500

  1.  

4891/19

14/12/2018

Sergey Pavlovich TOPORKOV

1982

 

 

van, numerous occasions of transport

27/10/2017 to

13/07/2018

0.4 m²

 

 

overcrowding, lack of or insufficient electric light, lack of fresh air, inadequate temperature, passive smoking

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vsevolzhsk Town Court of the Leningrad Region, numerous hearings, the date of the judgment was 13/07/2018,

 

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

8,500

  1.  

5026/19

11/01/2019

Fanis Faritovich AKHMETSHIN

1963

 

 

van, transit cell

18/09/2017 to

30/07/2018

0.3 m²

 

 

lack of fresh air, overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the application in overcrowded glass cabins (21 accused, cabin of 9.2x1.7) in the Privolzhye Circuit Military Court in the building of the Ordzhonikidzovskiy District Court of Ufa, 18/09/2017 - 30/07/2018;

 

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

8,500

  1.  

5190/19

10/01/2019

Igor Pavlovich OKSANICH

1976

 

 

train

20/06/2018 to

22/10/2018

 

train, transit cell,

van

10/01/2019 to

29/01/2019

0.6 m2

 

 

 

0.26-0.7 m2

lack of fresh air, overcrowding, lack of privacy for toilet

 

 

insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, inadequate temperature, no or restricted access to warm water, no or restricted access to toilet

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

1,000

  1.  

5590/19

05/03/2019

Andrey Vladimirovich CHUPROV

1984

 

 

van, train, transit cell

11/09/2018 to

14/09/2018

0.4 m2

insufficient number of sleeping places, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light

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

1,000

  1.  

5737/19

21/12/2018

Vyacheslav Konstantinovich ULYANOV

1995

 

van

05/11/2017 to

20/07/2018

0.3 m²

 

 

overcrowding, inadequate temperature, passive smoking, mouldy or dirty cell, applicant transported on numerous occasions

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

1,000

  1.  

6057/19

25/12/2018

Valentin Nikolayevich IVANOV

1990

 

 

train

07/09/2018 to

08/09/2018

 

 

van, train

19/03/2019 to

20/03/2019

0.49 m²

 

 

 

 

0.3 m2

 

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

 

insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of fresh air

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

1,000

  1.  

6153/19

28/12/2018

Mansur Takhirovich SAYDASHEV

1984

 

 

van

05/09/2018 to

05/09/2018

0.26 m²

 

 

overcrowding, lack of fresh air

 

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

1,000

  1.  

6245/19

11/01/2019

Sergey Alekseyevich SAMOKHVALOV

1977

 

 

transit cells, van

12/07/2018 to

25/12/2018

0.8 m²

 

 

overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to potable water

 

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

1,000

  1.  

6560/19

24/12/2018

Rasim Ramidinovich MEDZHIDOV

1993

 

 

van, train

23/01/2019 to

24/01/2019

 

 

train

27/01/2021 to

13/03/2021

 

 

 

train

15/10/2021 to

15/10/2021

0.33 m²

 

 

 

 

0.3 m²

 

 

 

 

 

0.27 m²

 

 

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

 

overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, poor quality of food

 

overcrowding, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in correctional colonies IK-1 and IK-31 Komi Republic between 23/12/2017 and 13/03/2021,

 

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance and in respect of conditions of detention during transport

1,000

  1.  

6595/19

16/01/2019

Kirill Andreyevich LEBEDEV

1994

 

 

train

13/12/2018 to

15/12/2018

 

overcrowding (10 inmates transported in a compartment for 5), lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water

 

1,000

  1.  

6740/19

15/01/2019

Ruslan Anatolyevich OVSEYENKO

1976

 

 

transit cell, train

29/08/2018 to

01/10/2018

0.4, 0.25 m2

overcrowding, passive smoking, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, numerous occasions of transport, lack of or insufficient electric light, no or restricted access to potable water

 

1,000

  1.  

6769/19

21/01/2019

Sergey Sergeyevich PERMYAKOV

1996

 

 

van, train

03/10/2018 to

05/10/2018

 

0.5 m2

overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of fresh air, lack of privacy for toilet

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

1,000

  1.  

6959/19

18/01/2019

Artur Armaisovich MATEVOSYAN

1983

 

 

train

29/09/2018 to

01/10/2018

0.6 m2

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food

 

1,000

  1.  

6981/19

14/01/2019

Vladimir Vladimirovich GAVRILOV

1986

 

 

train

19/08/2018 to

21/08/2018

0.6 m

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

 

1,000

  1.  

7071/19

14/01/2019

Sergey Georgiyevich BELOV

1973

 

 

train

04/08/2018 to

24/08/2018

<0.2 m²

 

 

overcrowding, insufficient number of sleeping places, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water

 

1,000

  1.  

7262/19

09/01/2019

Artem Vladimirovich CHEREPANOV

1982

 

 

train

20/09/2018 to

21/09/2018

0.26 m2

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

 

 

 

 

 

 

1,000

  1.  

7278/19

23/01/2019

Dmitriy Aleksandrovich LIMANSKIY

1979

Andrey Anatolyevich Malinin

Pechora

train, van

23/11/2018 to

24/11/2018

 

 

train, van, transit cell

15/01/2020 to

25/01/2020

0.35 m²

 

 

 

 

0.4 m2

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

 

insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, insufficient electric light, overcrowding, 2 roundtrips

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

1,000

  1.  

7280/19

17/01/2019

Dmitriy Viktorovich GRIGORYEV

1986

 

 

train, van

28/06/2018 to

07/03/2019

0.5 m2

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to potable water, no or restricted access to toilet

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

1,000

  1.  

7325/19

23/01/2019

Sergey Mikhaylovich TUYEV

1989

Andrey Anatolyevich Malinin

Pechora

train, van

21/10/2018 to

22/10/2018

 

train, van

05/11/2018 to

06/11/2018

0.35 m²

 

 

 

0.35 m²

 

 

lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, overcrowding

 

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to toilet

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

1,000

  1.  

7429/19

14/01/2019

Ignatiy Aleksandrovich LAVRENTYEV

1992

 

 

van, train

28/01/2019 to

18/02/2019

0.2-0.4 m²

 

 

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

 

1,000

  1.  

7941/19

16/01/2019

Dmitriy Vladimirovich TERVONIN

1977

 

 

train

21/09/2018 to

23/09/2018

0.37 m²

 

 

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

 

1,000

  1.  

7963/19

09/01/2019

Maksim Vladimirovich POPSUYKO

1976

 

 

van, train

01/10/2018 to

01/10/2018

 

 

 

 

 

 

train

20/12/2021 to

21/12/2021

and 30/01/2022 to

31/01/2022

0.4 m²

 

 

 

 

 

 

 

 

0.3 m²

 

 

 

 

overcrowding, mouldy or dirty cell, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, no or restricted access to toilet

 

overcrowding, insufficient number of sleeping places, passive smoking, inadequate temperature, no or restricted access to toilet

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

1,000

  1.  

7999/19

15/01/2019

Dmitriy Viktorovich CHIRKOV

1994

 

 

van

11/09/2015 to

16/07/2018

0.25 m²

 

 

overcrowding, no or restricted access to toilet, inadequate temperature, no windows, applicant transported on numerous occasions

 

1,000

  1.  

8107/19

23/01/2019

Grigoriy Vanyayevich PROSHYAN

1958

Roza Saidovna Magomedova

Moscow

transit cell, van

10/09/2018 to

05/12/2018

0.2 m²

 

 

overcrowding, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack or insufficient quantity of food, lack of or insufficient electric light, inadequate temperature

 

Art. 5 (4) - excessive length of judicial review of detention - On 17/09/2018 the applicant lodged an appeal against the detention order of 10/09/2018, which was considered on 09/10/2018,

 

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

1,500

  1.  

8276/19

12/01/2019

Aleksey Nikolayevich PESHKOV

1981

 

train, van

11/08/2018 to

09/11/2018

 

overcrowding ("Stolypin" wagon, 9-11 inmates, several hours; transportation in a van with 10 other inmates), lack or insufficient quantity of food, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking

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

1,000

  1.  

8293/19

02/01/2019

Aleksandr Faritovich UTIMBAYEV

1955

Tatyana Aleksandrovna Tretyak

Gelendzhik

transit cell, van, numerous occasions of transport from and back to the detention facility to take part in investigative actions and court hearings

05/08/2016 pending as of 16/09/2022

< 0.5 m²

 

 

lack of fresh air, no or restricted access to toilet

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal case 45 times in the hearings before the Gelendzhik Town Court, last time 01/10/2018; proceedings were pending as of 16/09/2022,

 

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

8,500

  1.  

8519/19

09/01/2019

Rustem Mullayanovich YUSUPOV

1982

 

 

van, numerous occasions of transport to and from detention facility to take part in investigative actions or court hearings

10/09/2015 to

26/12/2018

0.25 m²

 

 

overcrowding, no handrails in a van, lack of fresh air, passive smoking, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light

 

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

1,000

  1.  

8772/19

16/01/2019

Gayrat Mavlyanovich SADIKOV

1987

Natalya Andreyevna Balog

Krasnoyarsk

van, convoy cells in the Sovetskiy District Court of Krasnoyarsk

since 09/01/2018 pending as of 16/09/2022

0.35 m²

overcrowding, no or restricted access to toilet, no or restricted access to potable water

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

1,000

  1.  

8884/19

10/01/2019

Sergey Vladimirovich FETT

1986

 

 

van, train

17/10/2018 to

19/10/2018

0.3-0,6 m²

 

 

lack of fresh air, overcrowding, insufficient number of sleeping places, lack of privacy for toilet, passive smoking, no or restricted access to potable water

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

1,000

  1.  

8950/19

28/01/2019

Dmitriy Albertovich PAUTS

1984

 

 

train, (two trips)

15/12/2018 to

17/01/2019

0.5 m2

insufficient number of sleeping places, inadequate temperature, lack of or insufficient electric light, no or restricted access to toilet

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

1,000

  1.  

8968/19

10/12/2018

Aleksey Ivanovich GROMOV

1973

 

 

train

17/10/2018 to

19/10/2018

 

overcrowding (11 inmates in a

compartment for 5 inmates), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water

 

1,000

  1.  

9475/19

28/01/2019

Aleksey Viktorovich SMIRNOV

1983

 

 

van, transit cell, numerous occasions of transport within the indicated period

30/07/2018 to

06/11/2018

<0.4 m²

 

 

overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, insufficient number of sleeping places, constant electric light

 

1,000

  1.  

9520/19

31/01/2019

Sergey Nikolayevich ZUBAREV

1974

 

 

train, transit cell

20/08/2018 to

17/09/2018

0.5 m²

 

 

lack of fresh air, inadequate temperature, overcrowding, no or restricted access to toilet

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

1,000

  1.  

9947/19

01/02/2019

Nikolay Anatolyevich BURKOV

1973

 

 

train

18/12/2018 to

19/12/2018

0.3 m2

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

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

1,000

  1.  

10034/19

21/01/2019

Oleg Alekseyevich CHERNYKH

1975

 

 

van, train, transit cell

04/06/2018 to

12/11/2018

 

overcrowding (in train: compartment for 5 carrying 9-11 inmates), lack of or poor quality of bedding and bed linen, passive smoking, lack of privacy for toilet, lack of fresh air, lack of toiletries

 

1,000

  1.  

10472/19

04/02/2019

Denis Aleksandrovich CHERNYAKOV

1991

 

 

van, train

15/01/2019 to

16/01/2019

0.5 m²

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

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

1,000

  1.  

10689/19

01/02/2019

Aleksandr Mikhaylovich ICHETKIN

1986

 

 

train

19/09/2018 to

21/09/2018

 

lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding (12 inmates transported in a compartment for 5 inmates)

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

1,000

  1.  

10887/19

13/03/2019

Vasiliy Viktorovich BOYCHENKO

1986

 

 

van

14/11/2018 to

14/11/2018

 

0.3 m²

 

 

no or restricted access to potable water, overcrowding

 

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

1,000

  1.  

11050/19

29/04/2019

Dmitriy Sergeyevich KUPREYEV

1981

 

 

van, train

12/11/2018 to

29/11/2018

 

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, poor quality of potable water, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to running water

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

1,000

 

 


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


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URL: http://www.bailii.org/eu/cases/ECHR/2023/968.html