FIRST SECTION

CASE OF PETERMAN AND OTHERS v. RUSSIA

(Applications nos. 51678/15 and 51 others – see appended list)

JUDGMENT

STRASBOURG

26 October 2023

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

In the case of Peterman and Others v. Russia,

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

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 5 October 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 (“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

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, which reads as follows:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

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. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see 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 Idalov v. Russia [GC], no. 5826/03, §§ 154 ‑ 58, 22 May 2012, concerning excessive length of judicial review of pre-trial detention; 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, Tomov and Others , cited above, §§ 92-156, concerning the lack of an effective remedy to complain about poor conditions of detention during transport; Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Dirdizov v. Russia , no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Sergey Babushkin v. Russia , no. 5993/08, 28 November 2013, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10 January 2012, related to conditions of pre-trial and post ‑ conviction detention; Andrey Smirnov v. Russia , no. 43149/10, 13 February 2018, Resin v. Russia , no. 9348/14, 18 December 2018, Chaldayev v. Russia , no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia , no. 63748/13, 9 June 2020, and Mukhametov and Others v. Russia , nos. 53404/18 and 3 others, 14 December 2021, concerning various restrictions on family visits in pre-trial detention facilities; Yevdokimov and Others v. Russia , nos. 27236/05 and 10 others, §§ 17-53, 16 February 2016, concerning domestic courts’ refusal to bring detainees to hearings in civil cases; and Anchugov and Gladkov v. Russia , nos. 11157/04 and 15162/05, 4 July 2013, concerning prisoners’ right to vote in the choice of the legislature and the lack of an effective remedy in that respect).

13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some applicants under Article 13 of the Convention about the lack of effective domestic remedies to complain about their placement in a metal cage in courtrooms or about their conditions of detention (compare Valyuzhenich v. Russia , no. 10597/13, § 27, 26 March 2019).

14. 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.”

15. 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 26 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Péter Paczolay

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]

51678/15

04/10/2015

Sergey Vladimirovich PETERMAN

1971Aleksey Nikolayevich Laptev

Moscow

van, transit cell, numerous occasions of transport

12/02/2015 to

13/09/2017

0.3 m²

poor quality of potable water, passive smoking, overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings between 12/02/2015 and 13/09/2017,

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

8,500

10230/18

26/12/2017

Mikhail Alekseyevich VOLKOV

1982van

28/02/2020 to

20/04/2020

0.3 m²

applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, overcrowding, restricted access to food, transport in a single occupancy compartment

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 Prison no. 2 in Krasnoyarsk during various hearings, by way of videoconference (between 27/04/2020 and 09/12/2020). Placement in a cage at the hearing before the Second Cassation Court on 07/07/2021. Multiple proceedings in various courts in which the applicant was at the same period placed in a metal cage (Babushkinskiy District Court of Moscow, Ostankinskiy District Court of Moscow, Krasnoyarsk Regional Court, Moscow City Court, Eighth Cassation Court),

Art. 6 (1) - applicant’s absence from civil proceedings - civil claim for compensation of non-pecuniary damage caused by conditions of detention; decision on 01/03/2017, by the Zamoskvoretskiy District Court of Moscow; Appeal decision on 26/09/2017, by the Moscow City Court, final decision on the matter was taken by the Supreme Court of the Russian Federation on 28/05/2018 (complaint lodged on 01/09/2018). The applicant, a detainee, was not brought to any hearings in his civil case

9,500

30247/18

31/05/2018

Aleksandr Viktorovich BORISOV

1979Aleksey Nikolayevich Laptev

Moscow

van, holding cell at the courthouse; numerous occasions of transport between the detention facility and the courthouse

14/08/2017 to

26/09/2018

0.2-0.6 m²

no access to potable water, lack of privacy for using toilet, no or restricted access to toilet, passive smoking, inadequate temperatures, no natural light, overcrowding

Art. 5 (4) - excessive length of judicial review of detention - extension of detention order of 11/09/2017, appeal filed on 13/09/2017 and examined on 01/12/2017 (the applicant did not receive a copy of the decision),

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the courtroom during the hearings on pretrial detention, trial and appeal proceedings. Basmannyy District Court of Moscow, Moscow City Court between 22/06/2017 and 26/09/2018

8,500

35084/18

10/07/2018

Viktor Aleksandrovich VASILCHENKO

1993van, train

07/03/2018 to

08/03/2018

train

09/02/2019 to

10/02/2019

train, van

27/09/2019 to

28/09/2019

van, train

09/12/2019 to

10/12/2019

0.37-0.43 m²

0.37 m²

0.45 m²

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

insufficient number of sleeping places, no or restricted access to toilet, 8 persons were held in a train compartment measuring 1. 9 m * 1 m

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

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

1,000

44107/18

25/08/2018

Sergey Alekseyevich KARNAUKHOV

1980train

03/07/2018 to

04/07/2018

van, train, transit cell

03/10/2019 to

04/10/2019

train

20/08/2020 to

21/08/2020

train

15/03/2021 to

16/03/2021

0.25-0.8 m²

0.5 m²

0.42 m²

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

lack of fresh air, no or restricted access to toilet, inadequate temperature, overcrowding, lack of belts and handles, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, no or restricted access to potable water

lack of or poor quality of bedding and bed linen, overcrowding, no or restricted access to potable water, inadequate temperature, lack of fresh air, no or restricted access to toilet

insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of fresh air

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

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in IK-25 Komi Republic since 15/01/2016-and ongoing on the date when the application was lodged with the Court.

1,000

46146/18

18/09/2018

Vadim Gennadiyevich KOSORUKOV

1975train

20/08/2018 to

21/08/2018

insufficient number of sleeping places, no or restricted access to toilet, inadequate temperature, lack of fresh air

1,000

46788/18

06/09/2018

Anton Nikolayevich ZHILIN

1978train, van

27/07/2018 to

29/07/2018

train, van

21/02/2019 to

23/02/2019

van, transit cell,

27/06/2019 to

10/02/2020

train

29/07/2020 to

31/07/2020

0.4 m²

0.45 m²

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

bunk beds, lack of or poor quality of bedding and bed linen, lack of hot food, passive smoking, no or restricted access to toilet, overcrowding

lack of or insufficient natural light, stakan-type cubicles

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

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 the courtroom between 27/06/2019 and 10/02/2020; before the Justice of the Peace, Shakhterskiy Judicial Circuit, Vorkuta (introduction date - 12/03/2020)

8,500

46860/18

18/09/2018

Yevgeniy Borisovich DOROSEVICH

1980van, train

03/08/2018 to

31/08/2018

train, van

25/03/2019 to

26/03/2019

0.2-0.4 m²

lack of security belts, lack of ventilation, 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 natural light, no or restricted access to potable water

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

1,000

49982/18

04/10/2018

Khuler Eduardovich BOPUY-OOL

1993van, train

26/03/2018 to

20/05/2018

overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, 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

50661/18

09/10/2018

Ivan Anatolyevich MALAKHOV

1962train, (one round trip)

27/04/2018 to

08/07/2018

0.6 m²

no or restricted access to toilet, lack of or insufficient electric light, both trips lasted cumulatively 19 hours

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 - during court hearings at the Pushkinskiy District Court of Syktyvkar from 07/04 to 07/06/2021 and held by the Justice of the Peace of the Krasnozatonskiy Judicial Circuit of Syktyvkar on 12/07/2021.

8,500

52108/18

05/11/2018

Danis Miratovich FAYZRAKHMANOV

1988van, transit cell

30/05/2017 to

30/07/2018

train, van

22/10/2020 to

05/12/2020

0.2-0.7 m²

0.5 m²

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

no or restricted access to toilet, no or restricted access to potable water, overcrowding, applicant transported on numerous occasions, insufficient number of sleeping places, the transfer (van+ train on 22/10/2020) lasted 22.5 hours, 8 to 11 inmates per train compartment

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

1,000

55833/18

15/11/2018

Mikhail Anatolyevich ROSKOSHIN

1980van, train

27/05/2018 to

29/05/2018

van, train

11/06/2018 to

13/06/2018

train

24/03/2021 to

25/03/2021

0.4 m²

0.4 m²

0.4 m²

overcrowding, no or restricted access to toilet, 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 electric light

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

overcrowding, lack of fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, 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

58662/18

21/11/2018

Vladimir Nikolayevich SKOROMETS

1956train, van, two occasions of transport during the period indicated below

01/10/2018 to

31/10/2018

0.6 m²

overcrowding, 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

58907/18

27/11/2018

Vladislav Alekseyevich REDIN

1994train

09/08/2018 to

10/08/2018

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

59302/18

20/11/2018

Artem Aleksandrovich SMIRNOV

1987train

05/10/2018 to

07/10/2018

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the courtroom of the Ukhta Town Court of the Komi Republic, between 11/06/2021 and 02/09/2021,

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

8,500

1912/19

08/11/2018

Sergey Olegovich DERGACHEV

1979train, van

19/12/2018 to

28/12/2018

0.4 m²

overcrowding, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food

1,000

7343/19

22/01/2019

Roman Vyacheslavovich SHIROKOV

1993van, train

26/09/2018 to

01/12/2018

lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water

1,000

7871/19

19/12/2018

Sergey Yuryevich OSOKIN

1979train

12/10/2018 to

14/10/2018

0.4 m²

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

1,000

8977/19

23/01/2019

Anton Olegovich PONOMAREV

1989train, transit cell, van

19/12/2018 to

28/12/2018

0.2 m²

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

1,000

11252/19

12/03/2019

Andrey Vladimirovich ILLARIONOV

1982train, van

21/12/2018 to

28/01/2019

train, van

09/09/2020 to

09/11/2020

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

applicant transported on numerous occasions, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to warm water, lack of fresh air, low ceilings in cells, passive smoking, lack of or insufficient natural light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, overcrowding

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

1,000

12047/19

29/01/2019

Artem Gabitovich GATAULIN

1977train

23/01/2019 to

24/01/2019

van

05/02/2019 to

05/02/2019

train

05/02/2019 to

05/02/2019

0.4 m²

0.44 m²

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

overcrowding, lack of or insufficient natural light, inadequate temperature, no handrails

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

12522/19

05/02/2019

Shamil Ali ogly MAMEDOV

1966train, van

03/12/2018 to

04/12/2018

van, train

23/03/2020 to

24/03/2020

van, train

23/05/2020 to

23/05/2020

0.3 m²

overcrowding, 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 running water, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet

bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, overcrowding, passive smoking

bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of privacy for toilet, 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,

Art. 3 - inadequate conditions of detention after conviction – in IK-1 Komi Republic, from 15/09/2011, pending as of 16/09/2022, 1.4 sq. m of personal space, 52 inmates, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, no or restricted access to shower

13,500

12935/19

28/01/2019

Viktor Vladimirovich MISHARIN

1990train, van

23/11/2018 to

24/11/2018

van, train

03/02/2019 to

29/03/2019

0.3 m²

0.4 m²

overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to running water, lack of fresh air

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

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

1,000

14589/19

04/03/2019

Anton Valeryevich LEVASHOV

1989van, (transport to and from work on numerous occasions)

since 04/10/2018 and

pending on the date when the application was lodged with the Court

overcrowding, inadequate temperature

1,000

14993/19

18/02/2019

Aleksandr Alekseyevich POCHTAREV

1994train, van

18/09/2018 to

04/10/2018

0.5 m²

overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of seat belts, 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,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – in the court hearings before the Ukhta Town Court, Kolpinskiy District Court of St Petersburg (by way of videoconference from the detention facility) between 26/04/2018 and 23/08/2021.

8,500

17382/19

16/03/2019

Dmitriy Igorevich RADNEV

1986van, transit cell, train

17/09/2018 to

24/12/2018

0.3-0.4 m²

overcrowding, restricted access to food, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, lack of or inadequate hygienic facilities, applicant transported on numerous occasions, lack of fresh air, inadequate temperature

1,000

25960/19

30/04/2019

Andrey Igorevich ARTEMYEV

1986train, van

21/07/2017 to

18/11/2018

0.16 m²

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

1,000

40231/19

10/07/2019

Aleksandr Grigoryevich SHEVCHUK

1990train

16/01/2019 to

17/01/2019

0.3 m²

overcrowding, insufficient number of sleeping places

1,000

41170/19

16/07/2019

Aleksandr Vladimirovich GERASIMOV

1971train, van, transit cell

26/04/2019 to

16/05/2019

van, train

12/07/2019 to

12/07/2019

van

25/07/2019 to

25/07/2019

van

14/07/2020 to

14/07/2020

0.5 m²

0.4 m²

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

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

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

overcrowding, no or restricted access to potable water, 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,

Art. 3 - inadequate conditions of detention after conviction – in IK-9 Kirov Region, from 13/06/2014 to 12/07/2019, 2 sq. m, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, no or restricted access to shower, overcrowding

6,000

64600/19

20/03/2020

Ayraz Talgatovich GAYSIN

1978train (Yekaterinburg - Tavda)

24/09/2019 to

25/09/2019

overcrowding, no or restricted access to toilet, insufficient number of sleeping places, constant electric light, lack or insufficient quantity of food

1,000

1232/20

11/06/2020

Anton Vladimirovich STEFANOVICH

1991van, numerous occasions of transport between the detention facilities and the courthouse

between 04/09/2019 and

25/12/2019

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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the hearings before the Vorkuta Town Court of the Komi Republic in the proceedings between 04/09/2019 and 25/12/2019

8,500

1437/20

24/03/2020

Viktor Viktorovich BOBKIN

1973van, numerous occasions of transport between the detention facilities and the courthouse

since 07/09/2017

and pending on the date when the application was lodged with the Court

0.3 m²

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

2504/20

04/02/2020

Andrey Nikolayevich KOLOMEYTSEV

1982van, train

03/10/2019 to

04/10/2019

van, train

17/11/2019 to

17/11/2019

0.4 m²

0.4 m²

overcrowding, lack of fresh air

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

2964/20

10/12/2019

Mikhail Viktorovich NOVIKOV

1986van, train

26/07/2019 to

26/07/2019

0.2 m²

overcrowding, lack of fresh air, passive smoking, 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

1,000

3120/20

18/12/2019

Kirill Yuryevich KOSAREV

1982train, van

30/07/2019 to

30/07/2019

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

1,000

3426/20

21/12/2019

Ruslan Ilshatovich MUKHAMETSHIN

1997van

26/11/2016 to

11/10/2019

0.25 m²

applicant transported on numerous occasions, overcrowding, lack of fresh air, passive smoking, inadequate temperature, no or restricted access to toilet, 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,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage during detention and trial hearings held in the courtroom of the Naberezhnye Chelny Town Court between 08/12/2016 and 04/12/2019.

8,500

4462/20

27/12/2019

Maksim Valeryevich PODOBREY

1987train, transit cell, van, numerous occasions of transport between the detention facility and the courthouse

02/09/2015 to

15/04/2020

0.3 m²

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

1,000

5757/20

16/01/2020

Ruslan Aleksandrovich GARIN

1979van

11/10/2019 to

11/10/2019

van

01/04/2020 to

08/05/2020

lack of belts and handles, overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, transport for two and a half hours, 8 inmates per compartment, transfer lasted 2 hours 24 minutes

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

1.5 to 2.5 hours

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

1,000

5889/20

12/05/2020

Aleksandr Viktorovich KAPORSKIY

1991van

07/11/2019 to

16/04/2020

0.3 m²

applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety belts and handles, 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

6105/20

14/05/2020

Anatoliy Rinatovich TOKHTABAYEV

1979van, train, numerous occasions of transport between the detention facilities

11/10/2019 to

09/03/2020

0.3 m²

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

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

1,000

6109/20

08/04/2020

Aleksandr Yevgrafovich KOPOSOV

1973van, train

05/11/2019 to

17/12/2019

0.4 m²

travelling in a van in a bent position, lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, poor quality of potable water, 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

6283/20

21/01/2020

Oleg Ivanovich FISUN

1982Single occupancy compartment, van, numerous occasions of transport to take part in investigative actions or court hearings

29/10/2018 to

27/09/2019

0.12 m²

overcrowding

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - inability to have a family visit, particularly a long-term visit, during detention in the pre-trial facility, at least until 27/09/2019

4,500

8580/20

01/02/2020

Aleksandr Anatolyevich KITBALYAN

1963van

05/08/2019 to

28/01/2020

lack of fresh air, no or restricted access to toilet

Art. 8 (1) - lack of practical opportunities for or restriction on prison visits – from 21/01/2019 to 08/06/2020 the applicant did not have long-term visits from his wife, as they are not provided for by the law, and could not make phone calls to her,

Art. 3 - inadequate conditions of detention - detention in IZ-2 Moscow from 28/06/2019 to 08/06/2020; 2.4 sq. m of personal space, the applicant detained with 4 inmates in a cell measuring 10 sq. m.

5,000

9587/20

03/02/2020

Emir Alikovich SHAMUGIYA

1986train, van

15/12/2019 to

23/12/2019

applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light, overcrowding, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, 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 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 - at IK-25 Komi Republic by female guards from 05/02/2019 to 16/12/2019 and from 23/12/2019 to 07/02/2020,

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - the applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complained about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed.

1,000

11976/20

07/02/2020

Maksim Sergeyevich RYABOV

1988van, train

16/08/2019 to

30/12/2019

0.4 m²

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

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and permanent video surveillance in detention facilities,

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Vorkuta Town Court of the Komi Republic on several occasions between 24/10/2019 and 30/12/2019,

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators at IK-31 Komi Republic between 17/11/2020 and 28/12/2021.

8,500

26705/20

05/06/2020

Karamatullo Nazarmamadovich SHASHAYEV

1982train

18/02/2020 to

20/02/2020

van

29/02/2020 to

29/02/2020

0.25 m²

insufficient number of sleeping places, overcrowding

overcrowding, lack of fresh air

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-5 in the Krasnoyarsk Region between 02/09/2010 and 25/05/2021 by opposite-sex operators, video surveillance in a lavatory and/or shower room.

1,000

28927/20

22/06/2020

Nikolay Viktorovich YEMELIN

1984train

19/03/2020 to

10/04/2020

applicant transported on numerous occasions, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places

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

in respect of permanent video surveillance in detention facilities and lack of any effective remedy in respect of the prisoners’ voting rights,

Art. 3 - inadequate conditions of detention after conviction - detention in IK-25 Komi Republic since 15/01/2016, pending as of 16/09/2022, 1.5 sq. m of personal space; lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, lack of fresh air, no or restricted access to warm water, lack of privacy for toilet,

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-25 Komi republic, since 15/01/2016, pending as of 16/09/2022,

Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complained about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed.

13,000

41554/20

26/08/2020

Nikolay Vasilyevich SAGITOV

1993van, train

13/03/2020 to

14/03/2020

0.49 m²

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, no or restricted access to toilet, lack of privacy for toilet

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 - at IK-25 Komi Republic; 14/08/2017 - and on-going on the date when the application was lodged with the Court; detention in different cells with video surveillance, opposite-sex operators.

1,000

45646/20

08/12/2020

Aleksey Vladimirovich KISELEV

1979train, van

04/08/2020 to

21/11/2020

< 0.4 m²

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

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 Usinsk Town Court of the Komi Republic from 07/08/2020 to 24/02/2021

8,500

16777/21

14/03/2021

Anna Petrovna KARPUKHINA

1992van, transit cell

05/02/2019 to

17/09/2020

applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to toilet, passive smoking, poor quality of food, transfers lasted 6 to 9 hours, the applicant was transported in a single occupancy compartment

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

1,000

28813/21

06/05/2021

Vasiliy Aleksandrovich YAGODNIKOV

1981train

26/04/2021 to

27/04/2021

train

03/05/2021 to

04/05/2021

0.5 m²

0.34 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, lack of fresh air, the transfer lasted 8 hours

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

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 - Ezhvinskiy District Court of Syktyvkar between 30/12/2020 and 02/03/2021; Velikoustyugskiy District Court of Vologda Region between 21/05/2021 and 22/05/2021.

8,500

48520/21

18/10/2021

Aleksandr Ivanovich PANCHENKO

1979train

23/04/2021 to

24/04/2021

train

10/10/2021 to

09/02/2022

0.5 m²

0.4 m²

overcrowding, lack of fresh air, passive smoking, insufficient number of sleeping places, lack of or insufficient quantity of food, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet,

12 hours’ transfer from temporary detention ward to a remand prison, 10 inmates per compartment

overcrowding, 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 potable water, 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,

Art. 5 (3) - excessive length of pre-trial detention - the applicant was placed in pre-trial detention on 16/04/2021 ; the detention was pending on the date when the application was lodged with the Court, courts dealing with the detention matters: Pechora Town Court of the Komi Republic; Supreme Court of the Komi Republic, fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial.

2,600

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