GORBUNOV AND OTHERS v. RUSSIA - 46924/19 (Article 3 - Prohibition of torture : Second Section Committee) [2024] ECHR 354 (18 April 2024)

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

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> GORBUNOV AND OTHERS v. RUSSIA - 46924/19 (Article 3 - Prohibition of torture : Second Section Committee) [2024] ECHR 354 (18 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/354.html
Cite as: [2024] ECHR 354

[New search] [Contents list] [Help]


 

 

SECOND SECTION

CASE OF GORBUNOV AND OTHERS v. RUSSIA

(Applications nos. 46924/19 and 49 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

18 April 2024

 

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


In the case of Gorbunov and Others v. Russia,

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

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 28 March 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


3.  The list of applicants and the relevant details of the applications are set out in the appended table.


4.  The applicants complained 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 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 case of 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 (see Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of post-conviction detention and the lack of an effective remedy in that respect; Tomov and Others, cited above, §§ 143-56, concerning the lack of an effective remedy in respect of inadequate conditions of transport; 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; Blokhin v. Russia [GC], no. 47152/06, §§ 120-50, 23 March 2016, and Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013, as regards medical negligence in prison and lack of effective remedies in this respect).


13.  In view of the above findings, the Court considers that there is no need to deal separately with the complaint lodged by some applicants under Article 13 of the Convention about the lack of effective domestic remedies to complain about the placement in a metal cage in the courtroom (compare 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 the applicants' complaints 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 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 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 18 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Lorraine Schembri Orland
 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 3 of the Convention

(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.    

46924/19

12/08/2019

Yuriy Vladimirovich GORBUNOV

1987

 

 

train

21/07/2019 to

26/07/2019

0.2 m²

 

 

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

46995/19

09/08/2019

Maksim Aleksandrovich BALENKO

1979

Igor Alekseyevich Karpov

St Petersburg

van, numerous occasions of transport between the detention facilities or the courthouse

03/12/2018 to

07/03/2019

 

train (St Petersburg - Murmansk)

24/03/2019 to

26/03/2019

 

transport in a single-occupancy compartment, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light

 

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

47164/19

13/08/2019

Aleksandr Sergeyevich SHERYUKOV

1988

 

 

train

23/02/2019 to

23/03/2019

0.3 m²

 

 

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

 

1,000

  1.    

47168/19

19/08/2019

Roman Aleksandrovich BELYKH

1973

 

 

train

23/06/2019 to

24/06/2019

0.5 m²

 

 

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

47213/19

30/08/2019

Arzuman Shirmamed ogly GASANOV

1969

Andrey Mstislavovich Ishchuk

St Petersburg

transit cell, van

17/10/2018 to

05/03/2019

 

overcrowding, passive smoking, 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.    

47453/19

15/08/2019

Vladimir Ivanovich CHABANOV

1983

 

 

van, train

04/03/2019 to

21/03/2019

0.25 

 

 

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

47590/19

13/12/2019

Ilya Yuryevich KARASHCHUK

1991

 

 

transit cell, van

02/04/2018 to

13/12/2019

<0.5 

 

 

overcrowding, lack of fresh air, inadequate temperature; transport on numerous occasions

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in the criminal proceedings in courtrooms of the Krasnoselskiy District Court of St Petersburg from 29/06/2018 to 16/09/2019 in a metal cage, including by way of videoconference for the appeal hearings held in St Petersburg City Court

 

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

8,500

  1.    

47591/19

15/08/2019

Aleksey Konstantinovich KUZNETSOV

1982

 

 

train, van

24/04/2019 to

25/04/2019

 

 

van, train

17/05/2019 to

17/05/2019

0.2 m²

 

 

insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water

 

lack of fresh air, overcrowding

 

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

1,000

  1.    

47621/19

28/08/2019

Ruslan Yuryevich GORLACH

1982

 

 

train, van

07/05/2019 to

08/05/2019

0.2-0.3 m²

 

 

insufficient number of sleeping places, lack of fresh air, 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 or insufficient natural light, 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.  

47649/19

24/08/2019

Roman Viktorovich BOGOMOLOV

1982

 

 

van

29/05/2019 to

18/06/2019

0.3 m²

 

 

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

 

1,000

  1.  

47752/19

21/08/2019

Sergey Aleksandrovich BYSTROV

1982

 

 

van

15/05/2019 to

11/07/2019

 

train

24/07/2019 to

17/09/2019

0.3 m²

 

 

applicant transported on numerous occasions, overcrowding, lack of fresh air, lack of or insufficient electric light

 

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

47916/19

05/08/2019

Maksim Andreyevich BURDEYNYY

1982

Aleksey Mikhaylovich Urlashov

St Petersburg

transit cell, train

14/03/2019 to

26/03/2019

0.3 m²

 

 

overcrowding, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, insufficient number of sleeping places, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, constant electric light, lack of fresh air, no ventilation, lack of privacy for toilet, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking, 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.  

47936/19

13/08/2019

Aleksandr Aleksandrovich VANEYEV

1983

 

 

train, van

03/04/2019 to

19/06/2019

0.36 m²

 

 

Single-occupancy compartment, overcrowding, insufficient number of sleeping places, no safety belts and armrest in the van, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack or inadequate furniture, no or restricted access to running water, lack of or insufficient electric light, inadequate temperature, passive smoking

 

 

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

1,000

  1.  

48112/19

19/08/2019

Kirill Igorevich KOLTS

1996

 

 

train, van

25/06/2019 to

13/07/2019

0.23-0.35 m²

 

 

overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no safety belts

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

1,000

  1.  

48211/19

26/11/2019

Yevgeniy Viktorovich KUDRYASHOV

1978

 

 

van

08/07/2020 to

08/07/2020

0.2 m²

 

 

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

 

1,000

  1.  

48280/19

22/08/2019

Alimbek Radionovich SANSHOKOV

1993

 

 

train, transit cell, van

16/04/2019 to

28/05/2019

 

overcrowding, passive smoking, lack of fresh air, inadequate temperature, insufficient number of sleeping places, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, 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.  

48409/19

03/09/2019

Viktor Viktorovich CHERNYSHOV

1985

 

 

van, train, transit cell in a remand prison

24/05/2019 to

29/05/2019

 

passive smoking, lack of or insufficient electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to running water, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to toilet

 

1,000

  1.  

48427/19

30/07/2019

Vladimir Nikolayevich OSTRYAKOV

1984

 

 

train, van

15/05/2019 to

16/05/2019

 

 

 

train, van

07/06/2019 to

07/06/2019

0.5 m²

 

 

 

 

 

0.5 m²

 

 

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

 

insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, 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 and in respect of inadequate medical treatment in detention;

 

Art. 3 - inadequate medical treatment in detention - the applicant suffers from HIV and hepatitis, he complains about lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy since 09/09/2013

15,000

  1.  

48452/19

23/08/2019

Sergey Gennadyevich TYAPUYEV

1980

 

 

van, train

03/07/2019 to

13/07/2019

 

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

48458/19

21/08/2019

Oleg Sergeyevich BELYAKOV

1973

 

 

train, (two trips)

19/05/2019 to

27/05/2019

 

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

48477/19

21/08/2019

Dmitriy Stanislavovich VORONOVSKIY

1987

 

 

train (Ukhta - Vorkuta)

13/07/2019 to

13/07/2019

 

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.  

48480/19

03/09/2019

Aleksandr Yuryevich MIKHAYLOV

1992

 

 

transit cell, van, train

22/03/2019 to

16/04/2019

 

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.  

48495/19

11/02/2019

Eduard Pavlovich NIZHURIN

1993

 

 

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

01/07/2016 to

28/11/2019

0.2 m²

 

 

lack of fresh air, no or restricted access to toilet, overcrowding, 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 during transport;

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Naberezhnyye Chelny Town Court from 30/06/2016 till the conviction on 28/11/2019

8,500

  1.  

48586/19

03/09/2019

Viktor Semenovich CHERNYKH

1967

 

 

van, train

26/04/2019 to

26/04/2019

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.  

48618/19

30/08/2019

Nikamagomed Magomedovich KARANAYEV

1968

Oleg Petrovich Drobyshev

St Petersburg

transit cell, van

14/03/2019 to

22/07/2019

0.4 m²

 

 

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

 

 

1,000

  1.  

48648/19

03/09/2019

Magomed Sharafudinovich ERZIKHANOV

1994

 

 

van, train

10/03/2019 to

11/03/2019

 

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

49031/19

05/09/2019

Dmitriy Vladimirovich SEKATSKIY

1980

 

 

train, transit cell, van

10/04/2019 to

17/05/2019

 

lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food, 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.  

49039/19

09/09/2019

Roman Igorevich LEBEDEV

1978

 

 

van, train

17/08/2019 to

19/08/2019

 

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

1,000

  1.  

49342/19

03/09/2019

Pavel Vladimirovich NOZDRACHEV

1984

 

 

van / train / transit cells (IK-5 - IK-18 Mordovia Republic - SIZO-1 Ryazan - PFRSI-5 Rostov-on-Don - IK-4 Stavropol Region)

05/04/2019 to

08/05/2019

 

overcrowding, insufficient number of sleeping places, insufficient number of seats in prison vans, no or restricted access to toilet, no or restricted access to potable water, lack 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.  

49520/19

09/09/2019

Leonid Yevgenyevich GUSHANSKIY

1973

 

 

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

03/08/2016 to

17/07/2019

 

overcrowding, no or restricted access to toilet, 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.  

49535/19

09/09/2019

Ilya Vladimirovich MAY

1992

 

 

 

 

train, van

03/04/2019 to

05/04/2019

0.3 m²

 

 

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

 

1,000

  1.  

49544/19

19/02/2020

Artem Yevgenyevich KORENEV

1989

 

 

van, train, several instances of transport from the settlement colony to the prison hospital

13/06/2019 to

03/09/2019

0.4 m²

 

 

lack of or insufficient electric light, overcrowding, lack of or poor quality of bedding and bed linen, 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.  

49644/19

02/09/2019

Sergey Sergeyevich GRITSENKO

1982

 

 

train

05/08/2019 to

06/08/2019

0.3 m²

 

 

overcrowding, insufficient number of sleeping places, inadequate temperature, lack of or poor quality of bedding and bed linen, passive smoking

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

1,000

  1.  

49647/19

10/09/2019

Vladimir Anatolyevich SOKOLSKIKH

1978

 

 

train

23/02/2019 to

10/03/2019

0.6 m²

 

 

lack of or insufficient natural light, lack of or insufficient electric light, no ventilation, passive smoking, insufficient number of sleeping places, convoy checks every 2 hours, lack of or poor quality of bedding and bed linen, no or restricted access to toilet

 

1,000

  1.  

49869/19

09/09/2019

Roman Vitalyevich REMESHEVSKIY

1983

 

 

train

21/08/2019 to

22/08/2019

0.5 m²

 

 

overcrowding, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, mouldy or dirty cell, lack of fresh air, passive smoking, 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.  

49877/19

05/09/2019

Dmitriy Vadimovich TONKUSHIN

1986

 

 

train, two occasions of transport; on the first and the last dates indicated below

17/03/2019 to

06/06/2019

0.3 m²

 

 

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

 

 

1,000

  1.  

49964/19

09/09/2019

Khagani Nusrat ogly

NOVRUZOV

1981

Oleg Petrovich Drobyshev

St Petersburg

van

11/07/2019 to

15/08/2019

0.3 m²

 

 

overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature, mouldy or dirty cell, lack of privacy for toilet, lack of ventilation

 

1,000

  1.  

49994/19

10/09/2019

Ivan Borisovich PUTINA

1988

 

 

train, van, two journeys to and back from the prison hospital

17/08/2019 to

03/09/2019

 

overcrowding, 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.  

50132/19

24/10/2019

Aleksandr Valeryevich KEVRO

1975

 

 

van, train

16/05/2019 to

16/05/2019

0.4 m²

 

 

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

50237/19

10/09/2019

Gamzali Shakhpazovich GAZALIYEV

1982

 

 

train, van, several trips within the indicated period during the applicant's transport to serve sentence

21/05/2018 to

10/03/2019

 

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

 

1,000

  1.  

50354/19

14/09/2019

Oleg Gennadyevich RVYANIN

1984

 

 

van, transit cells in remand prisons and colonies

21/03/2019 to

09/05/2019

 

 

 

lack of individual sleeping place, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to running 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.  

50542/19

16/09/2019

Rovshan Bakhramovich BAKHSHIYEV

1998

 

 

train, van

15/06/2019 to

05/07/2019

0.3 m²

 

 

overcrowding, insufficient number of sleeping places, 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.  

50608/19

19/08/2019

Ilya Gennadyevich ISHCHENKO

1996

 

 

train

21/10/2019 to

26/04/2020

 

 

 

 

 

 

 

van

05/09/2020 to

05/10/2021

0.1-0.5 

 

 

overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, passive smoking, inadequate temperature, applicant transported on numerous occasions, detention in a single-occupancy compartment, lack of or poor quality of bedding and bed linen,

 

poor quality of food, lack of privacy for toilet, applicant transported on numerous occasions, 10 hours' journeys, transfers between the detention facilities and the courthouses pending criminal proceedings

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

1,000

  1.  

50633/19

18/09/2019

Dmitriy Sergeyevich ZAYTSEV

1978

Marat Farukovich Mazitov

Moscow

van,

31/07/2018 to

22/03/2019

0.26 m²

overcrowding, passive smoking, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, inadequate temperature; numerous occasions of transport

 

1,000

  1.  

50646/19

11/01/2020

Artem Mikhaylovich FEDIN

1985

 

 

train, transit cell

27/08/2019 to

02/09/2019

<2 m²

 

 

overcrowding, insufficient number of sleeping places, no or restricted access to warm water, inadequate temperature

 

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

1,000

  1.  

50656/19

28/10/2019

Nikolay Anatolyevich KONOVALOV

1977

 

 

transit cell, train

13/05/2019 to

28/05/2019

 

lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, mouldy or dirty cell

 

Art. 3 - inadequate conditions of detention after conviction - detention in IK-26 Sverdlovsk Region from 29/05/2019, pending as of 16/09/2022 overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen

13,500

  1.  

50895/19

03/09/2019

Vladimir Aleksandrovich PERFILOV

1968

 

 

van, train

07/07/2019 to

25/07/2019

 

inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding

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

1,000

  1.  

51183/19

09/09/2019

Vladimir Valentinovich LAZAREV

1975

 

 

train

01/03/2019 to

30/04/2019

0.3 m²

 

 

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

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

1,000

  1.  

51309/19

10/09/2019

Anton Igorevich BARANNIK

1988

 

 

train, van

27/06/2019 to

29/06/2019

 

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

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

1,000

  1.  

51991/19

10/09/2019

Aleksandr Sergeyevich BABKIN

1991

 

 

train, numerous occasions of transport between the detention facilities during the indicated period

13/12/2018 to

29/04/2019

 

applicant transported on numerous occasions, overcrowding, passive smoking, lack of fresh air, insufficient number of sleeping places, lack of toiletries

 

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.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2024/354.html