SVISHCHEV v. RUSSIA and 54 other applications
Doc ref: 6132/19, 8832/19, 9082/19, 12352/19, 20604/19, 30866/19, 32071/19, 33185/19, 33233/19, 34099/19, 341... • ECHR ID: 001-224975
Document date: May 4, 2023
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Published on 30 May 2023
FIRST SECTION
Application no. 6132/19 Viktor Viktorovich SVISHCHEV against Russia and 54 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
6132/19*
24/12/2018
Viktor Viktorovich SVISHCHEV
1987van, train
23/07/2018 to
23/07/2018
lack of fresh air, overcrowding, passive smoking, no or restricted access to toilet, lack of or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8832/19
17/01/2019
Aleksandr Viktorovich LOGINOV
1996van
03/08/2018 to
19/08/2018
train
03/08/2018 to
19/08/2018
0.2 m²
0.22 m²
overcrowding, lack of fresh air, inadequate temperature, lack of sitting places, lack of handrails
overcrowding, 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, 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
9082/19
25/01/2019
Konstantin Nikolayevich GABOV
1979train
11/10/2018 to
13/10/2018
overcrowding, insufficient number of sleeping places, bad odour in cell, lack of fresh air, lack of access to warm 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
12352/19*
18/03/2019
Dmitriy Aleksandrovich KOMARNITSKIY
1989van, train
24/12/2018 to
07/03/2019
0.3 m²
overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, 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
20604/19*
02/04/2019
Nikita Andreyevich DENISOV
1995train
05/10/2018 to
05/11/2018
0.4 m²
overcrowding, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, insufficient number of sleeping places, passive smoking, 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
30866/19*
24/05/2019
Vasiliy Aleksandrovich VOYTS
1987Irina Eduardovna Zykova
Moscow
transit cell, van
16/10/2014 to
06/12/2018
0.3 m²
lack of fresh air, no or restricted access to toilet, inadequate temperature, overcrowding, numerous occasions of transport
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
32071/19*
25/05/2019
Sergey Sergeyevich KONONENKO
1983train, transit cell, van
29/11/2018 to
04/02/2019
lack of fresh air, no or restricted access to toilet, inadequate temperature, overcrowding, numerous occasions of transport
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
33185/19*
06/06/2019
Aleksey Aleksandrovich SMOLYAKOV
1979van, stakan, transit cell
20/08/2015 to
08/12/2018
inadequate temperature, overcrowding, no or restricted access to potable water, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack or insufficient quantity of food
33233/19*
02/06/2019
Eduard Albertovich PISAREV
1972transit cell, van
09/08/2018 to
03/12/2018
0.35 m²
lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, lack or insufficient quantity of food, overcrowding, no or restricted access to potable water, lack of or insufficient electric light, no ventilation
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
34099/19
13/06/2019
Araz Vidadiyevich ABDULLAYEV
1981train, transit cell, van
20/11/2018 to
26/12/2018
0.25-0.5 m²
overcrowding, inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
34109/19*
27/05/2019
Andrey Vladimirovich MISKO
1988van, transit cell
10/10/2018 to
17/02/2019
train
24/02/2019 to
25/02/2019
train
08/03/2019 to
09/03/2019
0.25 m²
0.4-0.6 m²
0.4-0.6 m²
overcrowding, no or restricted access to potable water, mouldy or dirty cell, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet
passive smoking, no or restricted access to toilet, lack of fresh air, no or restricted access to potable water
passive smoking, 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
35796/19*
23/06/2019
Svetlana Borisovna STRYUKOVA
1967Olga Viktorovna Golub
Suzemka
van
21/12/2018 to
10/01/2019
0.3 m²
no ventilation, inadequate temperature, dirty van, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or insufficient quantity of food, 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
35935/19*
06/06/2019
Igor Pavlovich ZEMLIN
1996train
29/04/2019 to
30/04/2019
0.5 m²
insufficient number of sleeping places, passive smoking, lack of ventilation
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
35959/19*
20/08/2019
Andrey Vasilyevich KOCHURKO
1983train (SIZO-2 Irbit –
IK-19 Tavda)
27/05/2019 to
28/05/2019
overcrowding, insufficient number of sleeping places, no or restricted access to toilet
36991/19*
24/06/2019
Magomed Imangazaliyevich ABDULMUTALIMOV
1986train, transit cell, van
05/01/2019 to
12/02/2019
overcrowding, inadequate temperature, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack or insufficient quantity of food, 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
38904/19*
12/07/2019
Denis Aleksandrovich SOBOLEVSKIY
1978train (Kazan - Ulyanovsk - Ufa)
15/03/2019 to
22/03/2019
insufficient number of sleeping places, inadequate temperature, lack of fresh air, no or restricted access to toilet
39099/19*
10/07/2019
Dalgat Muradovich GAMZATOV
1983train, van
05/04/2019 to
08/05/2019
<0.3 m²
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
39110/19
09/07/2019
Vyacheslav Alekseyevich MIKHAYLOV
1987train
25/01/2019 to
08/02/2019
train
08/02/2019 to
11/02/2019
train
20/02/2019 to
20/02/2019
lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of toiletries, passive smoking
overcrowding, insufficient number of sleeping places
lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet, overcrowding
39416/19*
11/07/2019
Ivan Olegovich KHOCHESHEV
1997Gulmira Kuatovna Alimova
Novosibirsk
van, transit cell
19/11/2017 to
18/04/2019
infestation of cell with insects/rodents, lack of fresh air, overcrowding, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
40739/19
11/07/2019
Feliks Mairbekovich SAVLOKHOV
1986train, transit cell, van
20/12/2018 to
24/01/2019
0.5-1.5 m²
overcrowding, bunk beds, lack of or insufficient natural light, no or restricted access to toilet, constant electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
41172/19
14/07/2019
Sergey Aleksandrovich LASHCHENIN
1970train, van
23/01/2019 to
24/01/2019
0.2-0.3 m²
lack of fresh air, overcrowding, no or restricted access to potable water, no or restricted access to toilet, passive smoking
42643/19*
01/06/2019
Ivan Viktorovich LUSHNIKOV
1990van, train, transit cell
27/03/2018 to
26/12/2018
0.3 m²
inadequate temperature, lack of or insufficient electric light, lack of ventilation, no or restricted access to potable water, no or restricted access to toilet, overcrowding, lack of fresh air, passive smoking, constant electric light, no or restricted access to warm water, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
43918/19*
06/08/2019
Yaroslav Vyacheslavovich CHICHAGOV
1991Yelena Leonidovna Kolesnikova
Moscow
train
19/02/2019 to
20/02/2019
overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen
44183/19*
13/08/2019
Andrey Mikhaylovich PAVLOV
1972Sergey Aleksandrovich Golovlev
St Petersburg
train, transit cell, van
21/05/2018 to
28/05/2019
0.3 m²
lack or insufficient quantity of food, lack of fresh air, no ventilation, inadequate temperature, lack of safety belts and armrest in a van, no or restricted access to potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen
44856/19*
14/08/2019
Nataliya Dmitriyevna VERKHOVA
1969Tatyana Viktorovna Sukhareva
Moscow
train
22/05/2019 to
24/05/2019
lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack or insufficient quantity of food, no ventilation, passive smoking, lack of or insufficient electric light, 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
47725/19*
30/08/2019
Ruslan Dzhabrailovich MASAYEV
1985van, transit cell
25/01/2018 to
04/03/2019
0.4 m²
no ventilation, passive smoking, no or restricted access to potable water, no or restricted access to warm water, overcrowding, lack of privacy for toilet, inadequate temperature
48484/19*
30/08/2019
Maksim Vladimirovich NUSS
1986train
25/04/2019 to
07/05/2019
0.4-0.7 m²
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding
48801/19*
28/08/2019
Konstantin Olegovich BONDARENKO
1990train, transit cell, van
03/03/2019 to
06/03/2019
0.2-2.2 m²
lack of ventilation, overcrowding, passive smoking, no or restricted access to toilet, lack of or insufficient electric light, constant electric light, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water, 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
49127/19*
04/09/2019
Yuriy Vitalyevich LEBEDEV
1969Yelena Vladislavovna Chernyak
St Petersburg
van, transit cell
08/06/2017 to
25/03/2019
lack of fresh air, applicant transported on numerous occasions, overcrowding
49770/19*
18/09/2019
Pavel Pavlovich TROFIMOV
1986van
25/03/2019 to
25/03/2019
van, train
07/07/2019 to
23/07/2019
0.2 m²
0.2-0.4 m²
overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to toilet
overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, insufficient number of sleeping places
50339/19*
13/09/2019
Ivan Sergeyevich BUTYNKO
1987train, van, transit cells
15/04/2019 to
07/05/2019
0.5 m²
inadequate temperature, overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, passive smoking, poor quality of potable water, lack of handles/belts
51072/19*
28/08/2019
Maksim Malidinovich ALIYEV
1984train, van
20/03/2019 to
21/03/2019
0.4 m²
insufficient number of sleeping places
52056/19*
26/09/2019
Aleksey Vasilyevich BOGDANOV
1966Yekaterina Viktorovna Yefremova
Moscow
train, transit cell, van
29/03/2019 to
31/03/2019
train, van
07/05/2019 to
09/05/2019
less than 1.2 m²
no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
52266/19*
23/09/2019
Aleksandr Vladimirovich PANKOV
1981van
23/02/2019 to
23/03/2019
0.3 m²
54650/19*
03/10/2019
Dmitriy Nikolayevich KALININ
1981train, transit cell
20/05/2019 to
27/05/2019
2.1 m²
overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, lack of fresh air, no ventilation, lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, no or restricted access to running water, no or restricted access to warm water, lack of toiletries, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower
55403/19*
11/10/2019
Roman Sergeyevich TYURENKOV
1979Roman Nikolayevich Petrov
Cheboksary
train
18/04/2019 to
20/05/2019
overcrowding, insufficient number of sleeping places, lack of fresh air, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
56024/19*
08/08/2019
Aleksey Aleksandrovich VOLOBUYEV
1982Irina Vladimirovna Miller
Kansk
train
11/05/2019 to
11/05/2019
0.3 m²
insufficient number of sleeping places, passive smoking, no or restricted access to potable water, lack of fresh air, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
56420/19*
08/10/2019
Aleksandr Tamazovich INDICHENKO
1992van, train
13/12/2017 to
30/05/2019
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
56426/19*
14/10/2019
Kirill Vasilyevich BORODICH
1992Andrey Aleksandrovich Fedorkov
St Petersburg
van
09/10/2017 to
15/04/2019
0.5 m²
lack of fresh air, mouldy or dirty cell, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
56728/19*
16/10/2019
Ruslan Vladimirovich BAUROV
1975Aleksey Mikhaylovich Urlashov
St Petersburg
van
17/04/2019 to
17/04/2019
0.3 m²
overcrowding, inadequate temperature, 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
56946/19*
21/10/2019
Mikhail Andreyevich LEONIDOV
1995Svetlana Olegovna Ukolova
St Petersburg
van
02/03/2017 to
22/04/2019
lack of fresh air, overcrowding
57601/19*
20/09/2019
Aleksandr Aleksandrovich ANTONYUK
1987train, van, numerous instances of transport during the indicated period
05/04/2019 to
07/06/2019
<1 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
58206/19*
24/10/2019
Aleksandr Yegorovich SAZAYEV
1982Irina Vladimirovna Miller
Kansk
van, train
09/05/2019 to
14/05/2019
0.1-0.6 m²
overcrowding, lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, lack of privacy for toilet
59088/19
05/11/2019
Viktor Nikolayevich KALAPUTS
1984van, train
17/05/2019 to
19/05/2019
0.4 m²
overcrowding, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, 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
62082/19*
19/11/2019
Dmitriy Vladimirovich TESLENKO
1980train, van
22/06/2019 to
30/06/2019
insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
63475/19*
28/10/2019
Vasiliy Viktorovich BOCHKAREV
1983van, train, transit cell
29/06/2019 to
16/08/2019
<0,5 m²
overcrowding, lack of fresh air, insufficient number of sleeping places, no bedclothes, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
63763/19*
22/11/2019
Dzhalil Saydullayevich DZHALILOV
1960van, train
07/06/2019 to
09/07/2019
insufficient number of sleeping places, lack of fresh air, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
64111/19*
25/11/2019
Fedor Viktorovich RYBKIN
1975train, van
11/07/2019 to
20/07/2019
train, van
02/08/2019 to
02/08/2019
train, van
23/08/2019 to
23/08/2019
lack of fresh air, lack of or inadequate hygienic facilities, overcrowding
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding
lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
64263/19*
27/11/2019
Aleksandr Aleksandrovich YAKOVLEV
1979transit cell, van
30/05/2019 to
11/06/2019
0.7 m²
passive smoking, overcrowding, lack of privacy for toilet, lack of fresh air, no ventilation, no or restricted access to toilet
64627/19*
03/12/2019
Timerlan Osmanovich YUSUPOV
1984Olga Viktorovna Golub
Suzemka
van
05/02/2019 to
06/06/2019
0.3 m²
overcrowding, transport in a stakan-type cubicle, lack of fresh air, 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, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
65274/19*
12/12/2019
Vladimir Sergeyevich KLYUKIN
1989Oksana Vladimirovna Preobrazhenskaya
Strasbourg
train
30/09/2019 to
04/10/2019
2 m²
overcrowding, 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
65289/19*
28/11/2019
Magomed Dzhalilovich DZHALILOV
1986train, transit cell, van
07/06/2019 to
09/07/2019
0.2 m²
insufficient number of sleeping places, lack of privacy for toilet, 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
2901/20*
09/12/2019
Mikhail Valeryevich KOTIK
1982train
05/07/2019 to
07/07/2019
train
11/08/2019 to
13/08/2019
0.3 m²
0.3 m²
inadequate temperature, lack of fresh air, insufficient number of sleeping places, overcrowding, poor quality of potable water, passive smoking
inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, poor quality of potable water, passive smoking
4650/20*
25/12/2019
Viktor Konstantinovich LICHKOV
1975train, transit cell
29/07/2019 to
30/07/2019
train, transit cell
13/08/2019 to
19/08/2019
0.4-2.6 m²
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, poor quality of food, no or restricted access to warm water
see above
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
10604/20*
28/01/2020
Mikhail Vladimirovich FILIPPOV
1979van
16/09/2019 to
29/10/2019
0.38 m²
overcrowding, mouldy or dirty cell, lack of fresh air, passive smoking, lack of or insufficient electric light, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of toiletries, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport