TIKHONOV AND OTHERS v. RUSSIA - 18907/19 (Article 3 - Prohibition of torture : Fifth Section Committee) [2024] ECHR 21 (11 January 2024)

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FIFTH SECTION

CASE OF TIKHONOV AND OTHERS v. RUSSIA

(Applications nos. 18907/19 and 49 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

11 January 2024

 

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


In the case of Tikhonov and Others v. Russia,

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

 María Elósegui, President,
 Mattias Guyomar,
 Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 December 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, which reads as follows:

"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."


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 during the 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 cases of Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012 and Tomov and Others (cited above), 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 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 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 in (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings; Tomov and Others, cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaints about inadequate conditions of transport; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).


13.  In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by Mr Belyy (application nos. 24342/19) under Article 13 of the Convention about the lack of effective domestic remedies to complain about the placement in a metal cage in courtrooms (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

  1. remaining complaints


14.  Mr Yuriyev (application no. 22399/19) and Mr Kislyakov (application no. 24866/19) complained under Article 3 of the Convention about conditions of their detention from 29/08/2015 to 16/12/2020, at the latest, and from 13/07/2017 to 16/12/2020, at the latest, respectively. They also claimed, referring to Article 13 of the Convention that there had been no effective remedy in that respect. Mr Yuriyev alleged, inter alia, that the personal space allocated to him had been less than 1 sq. m, which was below the national standard of 2 square metres. According to Mr Kislyakov, he was provided with 1.5 sq. m of personal space.


15.  As to the complaint under Article 3 of the Convention, the Court notes that, as matters stand, the material facts complained of by the applicants have ceased to exist. They are no longer detained in the conditions complained of. It also notes that it was open to the applicants to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of their complaints concerning the conditions of detention in breach of the national legislation (see Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others, 17 March 2020).


16.  Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), the Court considers it is no longer justified to continue the examination of this part of the applications (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the complaints under Article 37 § 1 in fine. Accordingly, this part of the applications should be struck out of the list.


17.  As regards the complaints under Article 13 of the Convention, the Court has examined them and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


18.  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 complaints concerning the inadequate conditions of detention during transport and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, decides to strike the part of applications nos. 22399/19 and 24866/19 out of its list of cases, as regards the complaints about poor conditions of the post-conviction detention, and declares the remainder of those two applications inadmissible;
  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 the appended table);
  6. Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of lack of domestic remedies to complain about the placement in a metal cage in the 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 during the default period plus three percentage points.

Done in English, and notified in writing on 11 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina María Elósegui
 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.    

18907/19

12/03/2019

Aleksey Anatolyevich TIKHONOV

1984

 

 

train, van

17/12/2018 to

21/12/2018

0.3-0.4 m²

 

 

overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, lack or inadequate furniture, lack of privacy for 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.    

18974/19

21/03/2019

Ivan Alekseyevich SMIRNOV

1985

 

 

train, transit cell, van

19/12/2018 to

28/12/2018

 

passive smoking, no or restricted access to warm water, infestation of cell with insects/rodents, overcrowding, poor quality of food, 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.    

18994/19

10/07/2019

Shukhrat Urunovich AKHMEDOV

1969

 

 

train, van, round trip to the prison hospital from the colony

15/01/2019 to

19/02/2019

 

overcrowding, insufficient number of sleeping places, 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.    

19145/19

25/03/2019

Aleksey Sergeyevich KOVALEV

1988

 

 

van, train, transit cell

21/12/2018 to

12/02/2019

 

no or restricted access to toilet, overcrowding, passive smoking, 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 during transport

1,000

  1.    

19172/19

27/03/2019

Rustam Rakhmatovich AKHMEDOV

1980

 

 

train (Syktyvkar - Ukhta)

11/10/2018 to

12/10/2018

0.5 m²

 

 

insufficient number of sleeping places, 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.    

19510/19

11/03/2019

Yevgeniy Andreyevich NIKIFOROV

1992

 

 

train

27/09/2018 to

29/09/2018

 

insufficient number of sleeping places, lack of fresh air, overcrowding

 

1,000

  1.    

19723/19

25/03/2019

Musa Khamzatovich ATUYEV

1980

 

 

train (Pechora - Pyatigorsk)

23/12/2018 to

18/01/2019

 

inadequate temperature, insufficient number of sleeping places, 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.    

19789/19

25/03/2019

Murat Shemelkhanovich MASAYEV

1987

 

 

train (Pechora - Pyatigorsk)

23/12/2018 to

18/01/2019

 

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

 

1,000

  1.    

20153/19

25/03/2019

Yuriy Vlasovich BIRISH

1965

 

 

van

14/11/2018 to

14/11/2018

0.3 m²

 

 

overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light, the trip lasted 11 hours

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

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-5 Krasnoyarsk Region, from 14/11/2018, pending as of 16/09/2022, opposite-sex operators, video surveillance in a lavatory /shower room

1,000

  1.  

20402/19

01/03/2019

Andrey Andreyevich POTURVAY

1984

 

 

train, van, (round trip)

01/10/2018 to

31/10/2018

 

 

van, train, (round trip)

20/07/2019 to

31/07/2019

 

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

 

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

 

1,000

  1.  

20419/19

01/04/2019

Andrey Borisovich SERGEYEV

1972

 

 

train

29/10/2018 to

31/10/2018

 

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

 

1,000

  1.  

20440/19

25/03/2019

Vladimir Sergeyevich SKOMOROKHOV

1977

 

 

train

10/10/2018 to

11/10/2018

 

 

 

 

train

17/10/2018 to

03/02/2019

0.34 m²

 

 

 

 

 

 

0.28 m²

 

overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no access to warm food, no or restricted access to toilet, inadequate temperature

 

overcrowding

 

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

1,000

  1.  

20661/19

01/04/2019

Dinar Suleymanovich MINGALIMOV

1987

 

 

train, van

12/12/2018 to

24/12/2018

 

 

 

 

 

van, train

31/05/2019 to

31/05/2019

 

van, train

24/06/2019 to

24/06/2019

 

 

 

 

 

train (Pechora - Mikun)

25/01/2020 to

25/01/2020

0.3 m²

 

 

 

 

 

 

 

0.2 m²

 

 

 

0.3-0.4 m²

overcrowding, insufficient number of sleeping places, no or restricted access to running water, poor quality of food, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to potable water

 

overcrowding, no or restricted access to toilet

 

 

 

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

 

 

overcrowding, insufficient number of sleeping places, 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.  

21441/19

29/03/2019

Aleksey Vladimirovich SHMELKOV

1975

 

 

train, van

19/11/2018 to

19/11/2018

 

no or restricted access to toilet, poor quality of food, overcrowding, 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.  

21496/19

10/05/2019

Aleksandr Leonidovich IVANOV

1981

 

 

 van, train, (transportation from IK-23 Irkutsk Region to Krasnoyarsk tuberculosis hospital)

02/12/2018 to

02/12/2018

 

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

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

1,000

  1.  

21844/19

04/04/2019

Anatoliy Viktorovich TIKHONOV

1982

 

 

van, train

15/11/2018 to

16/11/2018

 

 

 

 

 

train, van

16/12/2018 to

17/12/2018

 

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

 

rounds trip, see above for the description of the conditions

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

1,000

  1.  

22212/19

14/05/2019

Anton Leonidovich YERLIN

1978

 

 

van

14/11/2018 to

14/11/2018

0.3 m²

 

 

overcrowding, no or restricted access to running water, lack of privacy for toilet, no handrails in a van

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

1,000

  1.  

22399/19

27/03/2019

Sergey Yuryevich YURYEV

1977

 

 

train

21/02/2019 to

22/02/2019

 

train

17/03/2019 to

17/03/2019

 

van, train

13/07/2019 to

14/07/2019

 

van

26/07/2019 to

26/07/2019

 

train, van, (two trips)

15/08/2019 to

25/08/2019

 

 

lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, lack of or poor quality of bedding and bed linen

 

lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet

 

 

lack of fresh air, insufficient number of sleeping places, overcrowding, passive smoking

 

overcrowding, poor quality of food, lack of fresh air, passive smoking

 

 

insufficient number of sleeping places, overcrowding

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

1,000

  1.  

22407/19

09/04/2019

Vladimir Yuryevich TSYGANIY

1979

 

 

train

11/01/2019 to

12/01/2019

 

insufficient number of sleeping places, lack of or insufficient electric light, inadequate temperature

 

1,000

  1.  

22571/19

12/04/2019

Aleksandr Mikhaylovich VYGORKO

1960

 

 

train, van, transit cell

18/12/2018 to

14/03/2019

 

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

22651/19

03/04/2019

Aleksandr Viktorovich MOCHALOV

1968

 

 

van

14/11/2018 to

30/11/2018

0.2 m²

 

 

overcrowding, no or restricted access to potable water, no or restricted access to toilet, no facilities for eating food, no security belts, no handrails, lack of or insufficient natural light, 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.  

23069/19

19/03/2019

Muzaffardzhon Mukhamedovich AKHMEDOV

1987

Ivan Severovich Sidorov

Moscow

van

09/02/2018 to

31/10/2018

0.3 m²

 

 

lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, numerous occasions of transport

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

1,000

  1.  

23241/19

11/04/2019

Aleksandr Stoyanov DIMITROV

1975

 

 

van, train

15/01/2019 to

16/01/2019

 

van, train

07/04/2019 to

07/04/2019

 

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

 

 

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

 

 

2,300

  1.  

23318/19

08/04/2019

Adil Ibragimovich PUTIYEV

1972

 

 

train (Vorkuta- Usinsk)

11/01/2019 to

12/01/2019

 

insufficient number of sleeping places, overcrowding

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

 

1,000

  1.  

23999/19

16/04/2019

Khamzat Khunsakovich GEROYEV

1986

 

 

van / train (IK-4 Stavropol Region - Kirov - Kazan - Volgograd - Mineralnyye Vody - SIZO-1 Stavropol Region)

19/12/2018 to

18/01/2019

<0.3 m²

 

 

overcrowding, 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.  

24014/19

08/04/2019

Dmitriy Anatolyevich SUYUNSHALIYEV

1986

 

 

train, van

20/10/2018 to

21/10/2018

0.5 m²

 

 

no or restricted access to toilet, overcrowding, poor quality of potable water, mouldy or dirty cell

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

1,000

  1.  

24022/19

22/04/2019

Aleksey Stanislavovich ILYUKHIN

1975

 

 

van, train

15/02/2019 to

16/02/2019

0.38 m²

 

 

overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, 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.  

24294/19

18/04/2019

Valeriy Vladimirovich OSIPOV

1980

 

 

van, train

16/03/2019 to

16/03/2019

0.7 m²

 

 

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

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

1,000

  1.  

24342/19

22/04/2019

Yaroslav Vladimirovich BELYY

1983

 

 

van

10/05/2018 to

17/05/2019

 

 

 

 

train

28/10/2018 to

08/01/2019

 

 

 

 

 

transit cell, (Oktyabrskiy District Court of Krasnoyarsk)

27/02/2019 to

17/05/2019

0.25 m²

 

 

inadequate temperature, overcrowding, lack of fresh air, passive smoking, lack of or insufficient electric light, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to running water

 

bunk beds, insufficient number of sleeping places, overcrowding, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to potable water, no or restricted

access to toilet

 

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

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

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings in the Oktyabrskiy District Court of Krasnoyarsk from 27/02/2019 to 17/05/2019

8,500

  1.  

24435/19

23/03/2019

Vasiliy Sergeyevich SPIRIN

1983

 

 

train

21/09/2018 to

23/09/2018

 

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

 

1,000

  1.  

24647/19

19/04/2019

Dmitriy Vladimirovich PARAMONOV

1979

Maksim Andreyevich Protapopov

St Petersburg

van, numerous occasions of transfer between SIZO-1 St Petersburg and the Primorskiy District Court St Petersburg

25/12/2017 to

23/10/2018

 

 

 

single occupancy cubicle, lack of fresh air, 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.  

24814/19

16/04/2019

Viktor Vasilyevich BIRKA

1992

 

 

train, van, numerous occasions of transport between the detention facilities

16/10/2018 to

27/01/2019

0.16-0.72 

insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to warm water, lack of seat belts

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

1,000

  1.  

24866/19

17/04/2019

Konstantin Petrovich KISLYAKOV

1992

 

 

train, van

21/02/2019 to

22/02/2019

0.4 m²

 

 

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

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

1,000

  1.  

24936/19

03/05/2019

Dmitriy Nikolayevich NAZAROV

1978

 

 

van, numerous occasions of transport from the detention facility to the courthouse, and to take part in investigative actions

31/01/2018,

pending as of 16/09/2022

0.2-0.4 m²

 

 

overcrowding, lack of fresh air, passive smoking, 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.  

24943/19

15/04/2019

Vladimir Aleksandrovich YAKYAMSEV

1991

 

 

van

13/11/2018 to

13/11/2018

0.2 m²

 

 

overcrowding, lack of or insufficient natural light, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, 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.  

25054/19

29/04/2019

Dmitriy Mikhaylovich KAPLYAR

1980

 

 

train, van

25/05/2019 to

25/05/2019

0.5 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.  

25109/19

10/04/2019

Sukhrob Muradkulovich BURKHANOV

1982

 

 

train

11/01/2019 to

11/01/2019

 

 

 

train

23/03/2019 to

23/03/2019

0.5 m²

 

 

 

 

 

0.32 m²

 

 

overcrowding, lack of or insufficient electric light, lack of fresh air, lack of facilities for warming and eating food, no or restricted access to toilet, lack of or poor quality of bedding and bed linen

 

overcrowding, lack of or insufficient natural light, no or restricted access to toilet, lack of fresh air, lack of facilities for warming and eating food, 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.  

25266/19

06/04/2019

Andrey Olegovich KUZMIN

1992

 

 

train, transit cell, van

07/10/2018 to

27/01/2019

0.3-2.5 m²

 

 

insufficient number of sleeping places, lack of fresh air, poor quality of food, lack of or insufficient electric light, infestation of cell with insects/rodents, mouldy or dirty cell, 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.  

25365/19

29/04/2019

Mikhail Olegovich KUNITSYN

1986

 

 

van, numerous occasions of transport between the detention facilities, or to take part in investigative actions or court hearings

04/12/2018,

pending as of 16/09/2022

 

inadequate temperature, lack or insufficient quantity of food, no or restricted access to toilet

 

1,000

  1.  

25504/19

24/12/2019

Aleksey Viktorovich ILYASOV

1990

 

 

van, numerous occasions of transport between the detention facility and the courthouse in the period indicated

26/09/2015,

pending as of 16/09/2022

<0.4 m²

 

 

overcrowding, passive smoking, 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.  

25970/19

22/04/2019

Yevgeniy Aleksandrovich BARANNIKOV

1978

 

 

van

01/11/2018 to

01/11/2018

0.25 m²

 

 

overcrowding, no safety belts, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no access to toilet, no handrails

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

1,000

  1.  

26142/19

05/12/2019

Aleksandr Nikolayevich BONDIK

1979

 

 

van, train

30/08/2019 to

31/08/2019

 

 

 

 

 

van, train

04/10/2019 to

04/10/2019

0.4-0.5 m²

 

 

 

 

 

 

 

0.3 m²

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

 

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

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

1,000

  1.  

26606/19

06/05/2019

Aleksandr Olegovich ABROSIMOV

1989

 

 

transit cell

22/06/2018

pending as of 16/09/2022

 

lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, passive smoking

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

1,000

  1.  

26607/19

19/04/2019

Eduard Aleksandrovich BULUKHOV

1980

 

 

train, transit cell, van

24/12/2018 to

04/02/2019

0.2-1.4 m²

lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, 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.  

26695/19

17/06/2019

Vasiliy Igorevich KLOCHEK

1992

 

 

train

19/12/2018 to

23/01/2019

 

train

27/03/2019 to

16/04/2019

 

no or restricted access to toilet, poor quality of potable water, lack of or insufficient electric light

 

lack of or insufficient electric light, poor quality of potable water, no or restricted access to toilet

 

1,000

  1.  

26915/19

24/04/2019

Vyacheslav Aleksandrovich GAVRILOV

1982

 

 

train

11/03/2019 to

11/03/2019

0.3 m²

 

 

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

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

1,000

  1.  

26927/19

08/05/2019

Nikolay Yuryevich KOSHTURA

1977

 

 

train (Ufa - Ryazan - Rostov-on-Don - Pyatigorsk)

22/12/2018 to

30/01/2019

 

overcrowding, insufficient number of sleeping places, 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.  

26950/19

05/05/2019

Mikhail Yuryevich MOKHOV

1974

 

 

transit cell, train, van

24/03/2019 to

04/05/2019

 

 

 

 

0.67 m²

 

 

overcrowding, no access to food

 

1,000

  1.  

27198/19

13/05/2019

Petr Aleksandrovich GILEVICH

1988

Aleksey Mikhaylovich Urlashov

St Petersburg

van

03/06/2015 to

15/04/2019

 

transit cell

03/06/2015 to

15/04/2019

 

train

15/04/2019 to

16/04/2019

0.3 m²

 

 

 

0.63-0.75 m²

 

 

0.25 m²

overcrowding, numerous occasions of transport

 

 

overcrowding, lack of fresh air

 

 

 

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

27607/19

29/04/2019

Vasiliy Ivanovich MISEV

1982

 

 

train, van

27/03/2019 to

28/03/2019

0.4 m²

insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, 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] Plus any tax that may be chargeable to the applicants.


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