YANDIYEV v. RUSSIAand 50 other applications
Doc ref: 26259/18, 35992/18, 38241/18, 38310/18, 39438/18, 39975/18, 40128/18, 41756/18, 43567/18, 43793/18, ... • ECHR ID: 001-224974
Document date: May 4, 2023
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Published on 30 May 2023
FIRST SECTION
Application no. 26259/18 Islam Bekkhanovich YANDIYEV against Russia and 50 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .
SUBJECT MATTER
The applications concern complaints raised under Article 3 of the Convention relating to inadequate conditions of detention during transport which are the subject of well-established case law of the Court (see Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012).
APPENDIX – STATEMENT OF FACTS
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
26259/18*
03/05/2018
Islam Bekkhanovich YANDIYEV
1989train
17/12/2017 to
26/01/2018
< 3 m²
overcrowding, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to warm water
35992/18*
13/05/2018
Denis Fedorovich DEGTYAREV
1982van, transit cell, train
12/04/2018 to
12/04/2018
0.2 m²
overcrowding
38241/18*
27/07/2018
Vladimir Yuryevich PLOTNIKOV
1984van, train
11/04/2018 to
12/04/2018
0.3 m²
overcrowding, inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, passive smoking, poor quality of food, poor quality of potable water, lack of safety equipment inside the van
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
38310/18*
30/07/2018
Aleksandr Alekseyevich SKRYABIN
1988train (Syktyvkar - Vorkuta)
12/03/2018 to
14/03/2018
van (IZ-11/1 Verkhniy Chov - Syktyvkar rail station)
12/03/2018 to
12/03/2018
van (Vorkuta rail station -
IZ-11/3)
14/03/2018 to
14/03/2018
train (Vorkuta - Ukhta)
01/04/2018 to
02/04/2018
train (Ukhta - Syktyvkar)
12/04/2018 to
12/04/2018
0.38 m²
0.34 m²
0.34 m²
0.38 m²
0.38 m²
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air
overcrowding
overcrowding
overcrowding, insufficient number of sleeping places, no or restricted access to toilet
overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air
39438/18*
03/08/2018
Sergey Robertovich SAFRONOV
1966Aleksandr Vladimirovich Vinogradov
Kostroma
train
18/02/2018 to
21/02/2018
0.6 m²
overcrowding, no or restricted access to toilet, insufficient number of sleeping places
39975/18*
06/08/2018
Vadim Viktorovich KOTOV
1977Olga Viktorovna Golub
Suzemka
train (Minusinsk - Achinsk)
26/04/2018 to
27/04/2018
train (Omsk - Chelyabinsk)
30/04/2018 to
30/04/2018
transit cell (IZ-74/3 Chelyabinsk)
01/05/2018 to
05/05/2018
transit cell (SIZO-1 Samara)
07/05/2018 to
10/05/2018
0.4 m²
0.4 m²
overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, inadequate temperature
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature
insufficient number of sleeping places, inadequate temperature
insufficient number of sleeping places, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
40128/18*
07/08/2018
Ivan Igorevich VISKOV
1991train (12 round-trips Pechora-Vorkuta)
06/04/2018 to
14/07/2018
train (Vorkuta - Ukhta)
09/05/2019 to
11/05/2019
overcrowding, insufficient number of sleeping places, 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 toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
41756/18*
25/07/2018
Viktor Maksimovich ZAKHAROV
1997train
09/01/2018 to
05/02/2018
0.8-1.5 m²
lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or insufficient quantity of food, no or restricted access to toilet, lack of or insufficient electric light, lack of fresh air, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, constant electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
43567/18*
29/08/2018
Rinat Rafkatovich KINYABAYEV
1986van
22/06/2018 to
23/07/2018
1.5 m²
overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
43793/18*
16/08/2018
Ilya Sergeyevich MAKAROV
1983train, van
23/04/2018 to
18/05/2018
train
15/07/2020 to
17/07/2020
train
22/08/2020 to
24/08/2020
0.2 m²
0.475 m²
insufficient number of sleeping places, 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
44361/18*
31/08/2018
Elshad Tanyrgulu Ogly GASANOV
1969train
26/03/2018 to
18/04/2018
0.3 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
44805/18*
03/09/2018
Aleksandr Aleksandrovich MASTEROV
1985train, van
07/08/2018 to
09/08/2018
0.3 m²
overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of seating space, lack of safety measures, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
46409/18*
07/09/2018
Sergey Viktorovich SMIRNOV
1981train, van
15/04/2018 to
16/04/2018
0.3 m²
insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack or insufficient quantity of food, lack of ventilation
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48013/18*
25/09/2018
Artem Valeryevich LEPICHIN
1995train
11/05/2018 to
11/05/2018
train
03/06/2018 to
03/06/2018
0.3 m²
0.3 m²
overcrowding
overcrowding
50185/18*
09/10/2018
Aleksey Nikolayevich KRUGLOV
1978van
22/06/2017 to
13/08/2018
0.45 m²
inadequate temperature, lack of fresh air
50755/18*
11/10/2018
Islam Mutagirovich DAVUDOV
1969train
03/07/2018 to
04/07/2018
insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, 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
51960/18*
15/10/2018
Sergey Aleksandrovich BARANOV
1976Aleksandr Vladimirovich Vinogradov
Kostroma
train
18/04/2018 to
19/04/2018
0.3 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen
52517/18*
23/10/2018
Nikolay Aleksandrovich SMYSLOV
1980transit cell, van
24/04/2018 to
03/07/2018
0.3 m²
inadequate temperature, lack of security measures
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - from 26/01/2018 to 03/07/2018 on 6 occasions during pre-trial and trial stages before the Vologodskiy District Court of the Vologda Region
53345/18*
24/10/2018
Pavel Vasilyevich KOSTYLEV
1985Anna Anatolyevna Tugolukova
Syktyvkar
train (Syktyvkar - Vorkuta)
05/08/2018 to
07/08/2018
train (Vorkuta - Syktyvkar)
05/09/2018 to
07/09/2018
0.4 m²
0.4 m²
insufficient number of sleeping places
insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
53516/18*
15/10/2018
Dmitriy Vadimovich OBZHERIN
1982train, multiple journeys
21/04/2018 to
13/09/2018
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
55026/18*
14/11/2018
Farid Ramazanovich MUSTAFAYEV
1987van, transit cell
06/02/2015 to
30/07/2018
van, train
28/10/2020 to
11/11/2020
van, transit cell, train
20/07/2021 to
10/11/2021
0.3-0.8 m²
0.4 m²
0.3 m²
lack of fresh air, inadequate temperature, overcrowding, lack of or insufficient natural light
lack of fresh air, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, passive smoking
inadequate temperature, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, overcrowding, poor quality of food, lack of or insufficient quantity of food, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
59343/18*
26/11/2018
Rostislav Pavlovich KRUPETSKIKH
1968Irina Vladimirovna Miller
Kansk
train
11/06/2018 to
19/06/2018
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding
1339/19*
29/11/2018
Andrey Sergeyevich SUSLOV
1991train, transit cell
06/07/2018 to
12/11/2018
lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet, overcrowding, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1832/19*
25/12/2018
Vasiliy Fedorovich KARPOV
1955van
26/11/2018 to
24/12/2018
0.3 m²
lack of fresh air, single occupancy cell, transportation in "stakan", lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet
2965/19*
17/06/2019
Dmitriy Aleksandrovich KARAVAYCHIK
1983van, transit cell
13/04/2018 to
03/06/2019
less than 1 m²
overcrowding, lack or insufficient quantity 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
7889/19*
09/01/2019
Azamat Zaurbiyevich TKHABISIMOV
1978train, van
14/01/2019 to
04/02/2019
0.3 m²
insufficient number of sleeping places, passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, inadequate temperature
12294/19*
28/03/2019
Viktor Nikolayevich BILOKONYUK
1983Roman Nikolayevich Petrov
Cheboksary
train, transit cell, van
18/12/2018 to
24/01/2019
0.2 m²
insufficient number of sleeping places, overcrowding, no or restricted access to toilet
15240/19*
23/02/2019
Denis Alekseyevich IVLEV
1989transportation from IK-25 Chelyabinsk Region to IK ‑ 11 Nizhniy Novgorod Region, transit cell, train, van
19/12/2018 to
28/12/2018
< 0.5 m²
lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet
20423/19*
04/04/2019
Sergey Alekseyevich GRIGORYEV
1971train (Arkhangelsk region)
23/03/2019 to
24/03/2019
no or restricted access to toilet;
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
23325/19*
25/03/2019
Aleksandr Borisovich TITOV
1986train / transit cell / van (IK ‑ 16 – IK ‑ 29 Arkhangelsk Region)
24/02/2019 to
25/02/2019
0.2-0.5 m²
inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, overcrowding, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
24085/19*
12/04/2019
Ivan Aleksandrovich IVASHEV
1986transfer from SIZO-4 St Petersburg to SIZO-2 Vologda Region, train
23/11/2018 to
24/11/2018
transfer from SIZO-2 Vologda Region to SIZO-2 Komi Republic, train
05/12/2018 to
06/12/2018
insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water
insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
24909/19*
22/04/2019
Sergey Aleksandrovich LISTRATOV
1986transit cell
17/12/2018 to
19/12/2018
van
19/12/2018 to
21/12/2018
<2 m²
0.3 m²
overcrowding, inadequate temperature, lack of or poor quality of bedding and bed linen
overcrowding, insufficient number of sleeping places, 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
27800/19*
14/05/2019
Rostislav Vasilyevich VASILYEV
1987train, transit cell, van
22/11/2018 to
26/12/2018
overcrowding, 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
30087/19*
25/05/2019
Nikolay Nikolayevich UVAROV
1985train, van
17/02/2019 to
26/02/2019
0.5 m²
no or restricted access to toilet
30786/19*
15/05/2019
Oleg Aleksandrovich RITMAN
1988Yelena Vladislavovna Chernyak
St Petersburg
van, transit cell
10/01/2019 to
23/05/2019
33300/19*
10/06/2019
Vitaliy Nikolayevich ALFEROV
1976van, train
18/12/2018 to
24/01/2019
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
33301/19*
10/06/2019
Leonid Viktorovich USENKO
1989train, transit cell, van
29/12/2018 to
26/01/2019
overcrowding, mouldy or dirty cell, 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
34242/19*
10/06/2019
Aleksandr Nikolayevich KETOV
1986train, van
17/04/2019 to
18/04/2019
passive smoking, overcrowding, no or restricted access to toilet, 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
34311/19*
12/06/2019
Roman Mikhaylovich SUNSHEV
1969train, transit cell, van
01/02/2019 to
18/02/2019
0.3 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
34432/19*
03/06/2019
Gennadiy Valentinovich ZAICHKA
1977van, train, transit cell
14/12/2018 to
17/01/2019
overcrowding, lack of fresh air, no or restricted access to 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
35890/19*
10/06/2019
Yevgeniy Aleksandrovich TSYKUNOV
1978train (IK-8 Bashkortostan Republic - IK-4 Stavropol Region)
17/12/2018 to
03/01/2019
insufficient number of sleeping places, no or restricted access to toilet, 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
37059/19*
25/06/2019
Sergey Anatolyevich ABRAMOV
1981train, van
08/11/2018 to
26/12/2018
0.3 m²
no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of or insufficient electric light, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
38283/19*
21/06/2019
Azamat Takhirovich TOLGUROV
1991train, van
20/11/2018 to
21/01/2019
insufficient number of sitting places, lack or inadequate furniture, overcrowding, 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, lack of or inadequate hygienic facilities, no or restricted access to running water, passive smoking, inadequate temperature
38344/19*
08/07/2019
Anton Vladimirovich SHEVCHENKO
1986train, van, transit cells in remand prisons
09/04/2019 to
08/05/2019
no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient electric light, overcrowding, lack of privacy for toilet, 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
39123/19*
01/07/2019
Denis Aleksandrovich DENISENKO
1983train, van, transit cell
28/01/2019 to
18/02/2019
overcrowding, passive smoking, mouldy or dirty cell, lack of privacy for toilet, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
39288/19*
12/07/2019
Kirill Andreyevich STAROVOYTOV
1992train
12/01/2019 to
13/01/2019
0,75 m²
overcrowding, passive smoking, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 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
42583/19*
25/07/2019
Andrey Aleksandrovich KHOROKHORDIN
1981train
24/12/2018 to
12/02/2019
insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
44377/19*
13/08/2019
Radik Ayratovich AVZALETDINOV
1987train, transit cell, van
13/03/2019 to
01/04/2019
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
52740/19*
27/09/2019
Pavel Mikhaylovich VARLAMOV
1973train
21/05/2019 to
22/05/2019
0.25-1.5 m²
no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of fresh air, 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
36785/20*
25/07/2020
Aleksandr Yuryevich MAKASHIN
1997Dmitriy Nikolayevich Shkelev
Bor
van, train
28/03/2020 to
29/03/2020
< 0.5 m²
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
42072/20*
20/10/2020
Arsen Bagratovich BABAYAN
1990a single-prisoner cubicle (“stakanâ€)
13/03/2020 to
13/03/2020
0.25 m²
lack of fresh air, the applicant claims having went through an operation which aggravated his conditions of transport, duration of more than 2 hours
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of a glass cabin to hold the applicant during criminal trial, 13/03/2020, Tsentralnyy District Court of Chelyabinsk (overcrowding, 7 persons)