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FIRST SECTION

Application no. 54613/08 Aleksey DIDAYEV against Russia and 8 other applications

(see list appended)

STATEMENT OF FACTS

THE FACTS

Under various circumstances and at different times the applicants were detained on criminal charges and placed in one of the remand prisons of the Astrakhan Region pending trial . The relevant details of each case, as described by the applicants, appear below.

A . Application no. 54613/08 introduced on 18 June 2008

1 . The application was lodged by Mr Aleksey Valeryevich Didayev , a Russian national who was born in 1976. He is represented by Mr A. Anokhin , a lawyer practising in Astrakhan .

2 . The conditions of the applicant ’ s pre-trial detention can be summarised as follows:

IZ-30/1

Dates of stay: 1 August 2006 – 12 February 2008

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

54

21

12

12-15

64

24

12

14-16

76

21

12

14-16

B . Application no. 2139/09 introduced on 4 December 2008

3 . The applicant, Mr Aleksey Sergeyevich Chernenko , is a Russian national who was born in 1981.

4 . The conditions of the applicant ’ s pre-trial detention can be summarised as follows:

IZ-30/1

Dates of stay: 21 August 2006 – August 2008 (date not specified)

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

21

28

8-10

24-35

88

28

8-10

24-35

95

28

8-10

24-35

100

28

8-10

24-35

C . Application no. 8020/09 introduced on 19 January 2009

5 . The applicant, Mr Garadzha Elbrus Ogly Khasmamedov , is an Azerbaijani national who was born in 1973. He is represented by Mr A. Anokhin , a lawyer practising in Astrakhan .

6 . The conditions of the applicant ’ s pre-trial detention can be summarised as follows:

IZ-30/1

Dates of stay: 7 March 2008 – 28 September 2009

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

54

36

10

12-18

59

17.5

6

109

50

12

18D . Application no. 13684/09 introduced on 3 March 2009

7 . The applicant, Mr Nariman Mirzagayevich Agayev , is a Russian national who was born in 1961. He is represented by Mr A. Anokhin , a lawyer practising in Astrakhan .

8 . The conditions of the applicant ’ s detention can be summarised as follows:

IZ-30/1

Dates of stay: 20 June 2006 – January 2008 and March 2008 – October 2008 (dates not specified)

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

37

24

10

12-18

69

28

12

13-19

79

28

12

14-18

IZ-30/2

Dates of stay: January 2008 – March 2008 (dates not specified)

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

53

8

2

3-5

114

18

6

15-23

E . Application no. 63850/09 introduced on 7 November 2009

9 . The applicant, Mr Boris Gennadyevich Kondyrin , is a Russian national who was born in 1979 and lives in Astrakhan . He is represented by Ms T. Kondyrina .

10 . The applicant claimed, in particular, that the cells in which he had been held had been overcrowded to the point that the space had not exceeded one sq. m per person.

F . Application no. 15516/10 introduced on 18 February 2010

11 . The applicant, Mr Ildar Gumarbekovich Ye rezhipaliyev , is a Russian national who was born in 1960 and lives in Astrakhan . He is represented by Ms Z. Ye rezhipaliyeva .

12 . The conditions of the applicant ’ s detention could be described as follows:

IZ-30/1

Dates of stay: 23 August 2008 – 5 November 2009

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

21

12-15

6

6-8

59

12-15

6

6-8

73

12-15

6

6-8

G . Application no. 62450/10 introduced on 15 October 2010

13 . The applicants, Mr Yuriy Petrovich Veklenko and Mr Fedor Fedorovich Chernyayev , are Russian nationals who were born in 1956 and 1978 respectively, and live in the Astrakhan Region. They are represented by Mr A. Anokhin , lawyer practising in Astrakhan .

14 . Mr Veklenko spent his pre-trial detention in the following conditions:

IZ-30/1

Dates of stay: 30 May 2008 – March 2009 (date not specified)

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

20no data

6at least 8

IZ-30/2

Dates of stay: March 2009 (date not specified) – 4 May 2010

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

118

15

4

7-8

15 . Mr Chernyayev stayed in the conditions summarised below:

IZ-30/1

Dates of stay: 30 May 2008 – March 2009 (date not specified)

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

23

18

10

10-12

57

16

4

6-8

107

32

12

15-16

IZ-30/2

Dates of stay: March 2009 (date not specified) – 4 May 2010

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

21

30

12

18

87 and 97 (identical)

17.5

4

7-8

H . Application no. 63030/10 introduced on 11 October 2010

16 . The applicant, Mr Sergey Aleksandrovich Zaugolnikov , is a Russian national who was born in 1981 and lives in Astrakhan .

17 . Before arriving at a correctional colony, the applicant transited through several remand prisons. The conditions of his stay were similar in all the prisons: the cells measured approximately 1 2 sq. m and were severely overcrowded.

Remand prison

Cell no.

Dates of stay in 2010

IZ-30/2 of Narimanov , the Astrakhan Region

no data

12 February – 8 June

IZ-30/1 of Astrakhan

42

8-19 June

IZ-64/1 of Saratov

228

19-24 June

IZ-52/1 of Nizhniy Novgorod

no data

24-28 June

I . Application no. 22928/11 introduced on 29 March 2011

18 . The applicant, Mr Ilya Viktorovich Karyuk , is a Russian national who was born in 1982 and lives in Astrakhan . He is represented by Mr L. Ivanov , a lawyer practising in Astrakhan .

19 . The conditions of the applicant ’ s detention pending trial could be summarised as follows:

IZ-30/2

Dates of stay: 30 June 2009 – 26 January 2010

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

156

10.5

4

3-6

IZ-30/1

Dates of stay: 26 January 2010 – present moment

Cell no.

Approximate cell surface (sq. m)

Design capacity (persons)

Actual population (persons)

35

20.5

10

9

57

20

6no data

62

14.5

5

4

73

10

6

73 (30 June – 12 November 2010)

10

4

5COMPLAINT S

All the applicants complain ed under Article 3 of the Convention about the conditions of their detention in remand prisons, in particular, about overpopulated cells . Under the other Articles of the Convention they also raised various issues related to their criminal proceedings.

QUESTIONS TO THE PARTIES

W ere the conditions of each applicant ’ s detention compatible with Article 3 of the Convention? If the Government consider that the occupancy numbers given by the applicants were inaccurate, they are invited to produce extracts from the prison population register covering at least one day per week during the entire period of the applicant ’ s detention.

ANNEX

No

Application No

Lodged on

Applicant ’ s name

date of birth

place of birth

Represented by

54613/08

18/06/2008

Aleksey Valeryevich DIDAYEV

15/09/1976

Astrakhan

Aleksandr Anatolyevich ANOKHIN

2139/09

04/12/2008

Aleksey Sergeyevich CHERNENKO

11/09/1981

Engels

8020/09

19/01/2009

Garadzha Elbrus- Ogly KHASMAMEDOV

29/05/1973

Gazakh

Aleksandr Anatolyevich ANOKHIN

13684/09

03/03/2009

Nariman Mirzagayevich AGAYEV

16/01/1961

Kegne-Khudat

Aleksandr Anatolyevich ANOKHIN

63850/09

07/11/2009

Boris Gennadyevich KONDYRIN

03/03/1979

Murmansk

15516/10

18/02/2010

Ildar Gumarbekovich YEREZHIPALIYEV

27/10/1960

Astrakhan

62450/10

15/10/2010

Yuriy Petrovich VEKLENKO

12/02/1956

Ulan- Kholl

Fedor Fedorovich CHERNYAYEV

05/06/1978

Kaspiyskiy

Aleksandr Anatolyevich ANOKHIN

63030/10

11/10/2010

Sergey Aleksandrovich ZAUGOLNIKOV

27/10/1981

Astrakhan

22928/11

29/03/2011

Ilya Viktorovich KARYUK

05/02/1982

Astrakhan

Lev Nikolayevich IVANOV

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DIDAYEV v. RUSSIA and 8 other applications

DIDAYEV v. RUSSIA and 8 other applications

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