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CASE OF GABUYEV AND OTHERS v. RUSSIA

Doc ref: 28628/21, 38874/21, 42886/21, 43024/21, 45680/21, 46410/21, 50932/21, 50970/21, 52039/21, 53131/21, ... • ECHR ID: 001-229021

Document date: November 23, 2023

  • Inbound citations: 2
  • Cited paragraphs: 0
  • Outbound citations: 6

CASE OF GABUYEV AND OTHERS v. RUSSIA

Doc ref: 28628/21, 38874/21, 42886/21, 43024/21, 45680/21, 46410/21, 50932/21, 50970/21, 52039/21, 53131/21, ... • ECHR ID: 001-229021

Document date: November 23, 2023

Cited paragraphs only

FIFTH SECTION

CASE OF GABUYEV AND OTHERS v. RUSSIA

(Applications nos. 28628/21 and 64 others –

see appended list)

JUDGMENT

STRASBOURG

23 November 2023

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

In the case of Gabuyev 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 2 November 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 were given notice of the applications.

THE FACTS

3. A 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 complaints under other Convention provisions.

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

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).

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.

12. The applicants whose names are listed in the appended table also raised other complaints relating to the issues of the Court’s well-established case-law. 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 a violation of the Convention (see appended table for further details) in view of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement of applicants in a metal cage in courtrooms; and Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities.

13. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

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,

(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 23 November 2023, 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]

28628/21

28/07/2021

Taymuraz Valeryevich GABUYEV

1990van

18/02/2021 to

18/02/2021

0.25 m²

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

1,000

38874/21

04/10/2021

Dmitriy Olegovich ARKHIPOV

1986train

12/07/2021 to

22/07/2021

overcrowding, 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 -

1,000

42886/21

05/08/2021

Dmitriy Gennadyevich CHABANOV

1978van, train

05/06/2021 to

08/06/2021

0.5 m²

overcrowding, poor quality of food, no or restricted access to warm water, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, inadequate temperature, lack of fresh air, 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

43024/21

06/08/2021

Mikhail Igorevich MEDVEDEV

1989train

04/04/2021 to

02/08/2021

applicant transported on numerous occasions, 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 -

1,000

45680/21

20/08/2021

Andrey Geliyevich YEVSEYEV

1993van, train

16/06/2021 to

17/06/2021

0.4 m²

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

46410/21

12/01/2022

Pavel Sergeyevich PROKOPOVICH

1995van, transit cell

23/05/2021 to

15/11/2021

<2 m²

applicant transported on numerous occasions, overcrowding, inadequate temperature, lack of or insufficient quantity of food, no or restricted access to toilet, absence of safety belts

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

1,000

50932/21

07/02/2022

Viktor Anatolyevich ARBUZOV

1992van, train

08/12/2021 to

09/12/2021

0.55 m²

overcrowding, 12 persons in a van for 8 persons, lack of fresh air, lack of or insufficient electric light, inadequate temperature, lack of or insufficient natural light, strip search before the beginning of escort, 9 persons in a train car for 4 persons, 0.55 sq. m per person in a train car, insufficient number of sleeping places, no or restricted access to potable water, duration of escort - about 3 hours in a van and about 14 hours in a train, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, no warm meal

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

1,000

50970/21

25/11/2021

Aleksandr Sergeyevich LAVRUKHIN

1984train

14/10/2021 to

15/10/2021

duration of 7 hours, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural 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 -

1,000

52039/21

23/02/2022

Ivan Viktorovich OVCHINNIKOV

1977train

22/12/2021 to

24/12/2021

0.2 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 toilet

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

1,000

53131/21

10/02/2022

Aleksey Iosifovich ROKHLIN

1961van (Stakan)

22/02/2017 to

14/12/2021

applicant transported on numerous occasions, overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, lack of fresh air, lack of seat belts and handrails

1,000

54194/21

06/10/2021

Aleksey Aleksandrovich KONYAKHIN

1989van

14/05/2021 to

14/05/2021

overcrowding, inadequate temperature, 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

54237/21

24/02/2022

Pavel Vladimirovich LAPSHIN

1983van

13/10/2021 to

12/11/2021

train

13/10/2021 to

12/11/2021

0.3 m²

glass compartment (‘stakan’), lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, overcrowding

overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, bunk beds, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water, 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

56137/21

02/02/2022

Anton Yuryevich LIFANOV

1985van, train

14/12/2020 -

pending as of 16/09/2022

0.5 m²

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

1,000

58086/21

12/11/2021

Aleksandr Vladimirovich MITYAYEV

1984van

19/05/2021 to

19/05/2021

0.25 m²

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

1,000

58444/21

18/11/2021

Stanislav Gennadyevich KORSHIKOV

1983van, train

12/02/2021 to

28/11/2021

<1 m²

overcrowding, no or restricted access to toilet, applicant transported on numerous occasions, insufficient number of sleeping places, no or restricted access to warm water

1,000

58566/21

21/01/2022

Yuriy Anatolyevich KOZLOV

1964van

20/12/2021 to

24/12/2021

0.1-0.5 m²

overcrowding, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, applicant transported on numerous occasions

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

1,000

58671/21

15/11/2021

Aleksandr Ivanovich GOLOVIN

1988train, van

21/06/2021 to

23/06/2021

overcrowding, 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 -

1,000

58739/21

11/11/2021

Emil Ramilevich GABDELKHAKOV

1987van

18/05/2021 to

18/05/2021

0.25 m²

overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food

1,000

59196/21

08/11/2021

Eduard Sergeyevich SHCHERBENEV

1993van

18/05/2021 to

18/05/2021

0.25 m²

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

1,000

59349/21

10/01/2022

Yuriy Viktorovich FEDOSEYEV

1989van, train

19/10/2021 to

19/10/2021

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

1,000

60108/21

25/10/2021

Semen Anatolyevich ZAYTSEV

1993van, train

09/09/2021 to

12/09/2021

no or restricted access to toilet, overcrowding, passive smoking, inadequate temperature, lack of or insufficient electric light, 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 -

1,000

61327/21

22/11/2021

Vladimir Nikolayevich GUK

1970van

23/11/2020 to

29/09/2021

0.7 m²

transport from SIZO-1 Komi Republic to IVS Ust-Kuloma Komi Republic and to the District Courts of Komi Republic, applicant transported on numerous occasions, 60-120 min every transport, inadequate temperature, no or restricted access to potable water, overcrowding, lack of or insufficient natural light, lack or inadequate furniture, passive smoking

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kortkerosskiy District Court of Komi Republic, date of conviction - 29/09/2021,

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings

8,500

61470/21

23/11/2021

Oleg Afanasyevich ILCHENKO

1957van, train

20/04/2021 to

27/05/2021

0.4 m²;

0.8 m² (on the way back)

insufficient number of sleeping places, 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

61566/21

18/11/2021

Pavel Igorevich MALTSEV

1989Mikhail Germanovich Shiolashvili

St Petersburg

van, convoy cell

24/09/2020 to

15/07/2021

0.3 m²

overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, 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 -

1,000

61603/21

30/11/2021

Dmitriy Aleksandrovich KYLOSOV

1981train, van

20/06/2021 to

22/07/2021

overcrowding, no or restricted access to toilet, inadequate temperature

1,000

61605/21

11/11/2021

Nikolay Aleksandrovich SAVELCHEV

1989van

27/05/2021 to

27/05/2021

0.2 m²

overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of or insufficient quantity of food

1,000

41/22

15/12/2021

Aleksandr Bronislavovich SOKOLOV

1984van

30/01/2020 to

07/07/2021

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

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 St Petersburg, 15/04/2021 – pending on the date when the application was lodged with the Court,

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

1,000

181/22

27/01/2022

Pavel Vyacheslavovich KARELIN

1984van, train

17/11/2021 to

27/11/2021

0.2-0.5 m²

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

1,000

471/22

30/11/2021

Aleksey Aleksandrovich SHCHEGLOV

1992train

04/06/2021 to

31/07/2021

<0.4 m²

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 -

1,000

1309/22

07/12/2021

Oleg Ivanovich STARYGIN

1977train, van

10/10/2021 to

03/11/2021

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

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

1,000

1360/22

06/12/2021

Yuriy Igorevich CHERNOV

2000van, train

10/07/2021 to

11/07/2021

lack of belts in the van, overcrowding, insufficient number of sleeping places in the train, lack of fresh air, lack of or inadequate hygienic facilities, passive smoking, no or restricted access to toilet, poor quality of potable water

1,000

2523/22

17/12/2021

Kirill Yuryevich RUSSKIKH

1998train, van

17/10/2021 to

18/10/2021

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

1,000

4081/22

14/12/2021

Sergey Sergeyevich KOZHEMYAKO

1982train

23/07/2021 to

02/09/2021

applicant transported on numerous occasions, infestation of cell with insects/rodents, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to warm water

1,000

4125/22

21/12/2021

Andrey Gennadyevich SAMARSKIY

1989train, van

29/06/2021 to

20/10/2021

overcrowding, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, inadequate temperature, applicant transported on numerous occasions

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

1,000

4142/22

16/12/2021

Anton Vladimirovich VOROPAYEV

1983van

05/12/2019 to

15/10/2021

applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, mouldy or dirty cell, overcrowding

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

1,000

5738/22

03/01/2022

Vasiliy Yevgenyevich TERENTYEV

1997van (Stakan), train

19/09/2020 to

10/12/2021

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

1,000

6231/22

27/12/2021

Aleksey Sergeyevich MASLAKOV

1987train, van

12/04/2021 to

05/10/2021

<1 m²

applicant transported on numerous occasions, inadequate temperature, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, poor quality of food, lack of ventilation, absence of safety belts

1,000

6985/22

04/01/2022

Intigam Gabib Ogly RAMAZANOV

1979train

22/08/2021 to

15/09/2021

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

1,000

8041/22

21/01/2022

Alfiya Nurkhalimovna NYRKOVA

1977van

03/11/2016 –

pending as of 16/09/2022

0.25 m²

overcrowding, inadequate temperature, transport on numerous occasions

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

1,000

8593/22

11/01/2022

Anton Nikolayevich KOROTKOV

1981van

20/07/2021 to

20/07/2021

inadequate temperature, overcrowding, no or restricted access to toilet

1,000

9135/22

17/01/2022

Vyacheslav Andreyevich BULYGIN

1988van

17/03/2021 -

pending as of 16/09/2022

overcrowding, no or restricted access to toilet, lack of fresh air, 1.5-4 hours each transport, transport from SIZO to the Frunzensky District Court of St Petersburg

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

1,000

9181/22

10/03/2022

Artem Olegovich LOBACHEV

1984van

02/12/2020 to

20/09/2021

0.25 m²

overcrowding, 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

9969/22

24/01/2022

Andrey Gennadyevich NIKOLAYEV

1984van, train

09/10/2021 to

15/10/2021

overcrowding, lack of seat belts and handrails, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, lack of or inadequate hygienic facilities, poor quality of food, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen

1,000

10220/22

25/01/2022

Roman Nikolayevich ARSENYEV

1982van, train

18/10/2021 to

02/11/2021

0.25 - 0.5 m²

overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water, poor quality of food, lack of or insufficient electric light, lack of fresh air, 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

10673/22

07/02/2022

Aleksandr Vladimirovich RAKEVICH

1988van, train

03/03/2021 to

03/09/2021

0,36 m²

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

11795/22

09/02/2022

Aleksandr Vladimirovich ORLOV

1977van, train

04/10/2021 to

26/10/2021

0.4 m² in a van and 1.7 m² in a train

applicant transported on numerous occasions, overcrowding, inadequate temperature, low van’s height, absence of ventilation system, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, absence of safety equipment, 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

12056/22

25/01/2022

Arsen Zalimkhanovich VAISOV

1977train, van

25/06/2020 to

26/10/2021

applicant transported on numerous occasions, insufficient number of sleeping places, ‘stakan’ type compartment, no or restricted access to toilet

1,000

13996/22

22/02/2022

Roman Aleksandrovich YEFANOV

1995van, transit cell

11/11/2021 -

pending as of 16/09/2022

0.16 – 0.6 m²

lack of fresh air, overcrowding, passive smoking

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

1,000

14115/22

10/02/2022

Yevgeniy Vyacheslavovich YUSHKOV

1982van

13/01/2022 -

pending as of 16/09/2022

0.25 m²

applicant transported on numerous occasions, overcrowding, no safety belts, lack of fresh air, passive smoking, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, 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 -

1,000

14738/22

13/02/2022

Gleb Vadimovich SVITKO

1977van, transit cell, train

12/08/2021 to

15/10/2021

applicant transported on numerous occasions, overcrowding, lack of fresh air, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature, 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 -

1,000

15437/22

21/02/2022

Aleksandr Alekseyevich MAMONTOV

1980van

03/08/2017 to

08/12/2021

overcrowding, no or restricted access to toilet, applicant transported on numerous occasions

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

1,000

15696/22

01/03/2022

Aleksandr Vladimirovich TATARINOV

1989train

31/05/2021 to

07/09/2021

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 -

1,000

16407/22

08/03/2022

Aleksandr Sergeyevich VORONIN

1991van, train

23/10/2021 to

24/10/2021

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

1,000

16437/22

24/02/2022

Artem Aleksandrovich POPOV

1987train, van

18/02/2022 to

19/02/2022

<1 m²

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

1,000

17141/22

05/03/2022

Eduard Vladimirovich KARMANOV

1977train, van

12/10/2021 to

13/10/2021

<1 m² (van) <0.2 m² (train)

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

1,000

17387/22

21/02/2022

Dzhon Frankovich KOSMOS

1972van

16/03/2018 -

pending as of 16/09/2022

applicant transported on numerous occasions, inadequate temperature, overcrowding

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

1,000

17457/22

18/03/2022

Artem Aleksandrovich VASILYEV

1991van, train

26/12/2021 to

27/12/2021

0.4 m²

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

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-31 Komi Republic, 01/12/2020 - 01/03/2022, opposite-sex operators,

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

1,000

18144/22

09/03/2022

Sergey Anatolyevich DELOV

1963van, train

17/03/2020 to

28/12/2021

0.36-0.4 m²

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

18222/22

10/03/2022

Aleksey Konstantinovich YEMELYANOV

1988train

23/02/2022 to

25/02/2022

0.3 m²

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

18284/22

15/03/2022

Artem Valeryevich DVUGROSHEV

1997train, van

24/09/2021 to

24/09/2021

insufficient number of sleeping places, absence of safety devices, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, overcrowding, lack of fresh air

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 - IK-42 Komi Republic, 09/11/2017 - 24/09/2021; IK-31 Komi Republic, 24/09/2021 – pending on the date when the application was lodged with the Court; opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory room

1,000

18792/22

19/03/2022

Semen Sergeyevich FILIPPOV

1988van

14/05/2021 to

29/10/2021

0.4 m²

glass compartment ‘stakan’, bunk beds

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

1,000

19923/22

02/03/2022

Artur Lotariyevich ARKHIPOV

1989van

14/02/2020 to

03/09/2021

applicant transported on numerous occasions, inadequate temperature, stakan-type compartment

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

1,000

19933/22

29/03/2022

Parviz MURODBEKZODA

1983van, train

10/09/2021 to

02/10/2021

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

1,000

21040/22

25/03/2022

Pavel Vladimirovich SHESTAKOV

1978train, van

29/08/2021 to

28/12/2021

applicant transported on numerous occasions, bunk beds, lack of or insufficient quantity of food

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - the applicant complains about permanent video surveillance in transport and in SIZO where he was placed during his transportation,

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

1,000

21784/22

08/04/2022

Andrey Aleksandrovich YEROFEYEV

1992train

18/02/2022 to

19/02/2022

0.47 m²

overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, bunk beds, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to warm water, poor quality 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 -

1,000

[1] Plus any tax that may be chargeable to the applicants.

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