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CASE OF FAZIYEV AND OTHERS v. RUSSIA

Doc ref: 25056/14, 52705/17, 70220/17, 72663/17, 73800/17, 78403/17, 5711/18, 11376/18, 16113/18, 18544/18, 1... • ECHR ID: 001-228369

Document date: October 26, 2023

  • Inbound citations: 0
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  • Outbound citations: 8

CASE OF FAZIYEV AND OTHERS v. RUSSIA

Doc ref: 25056/14, 52705/17, 70220/17, 72663/17, 73800/17, 78403/17, 5711/18, 11376/18, 16113/18, 18544/18, 1... • ECHR ID: 001-228369

Document date: October 26, 2023

Cited paragraphs only

FIRST SECTION

CASE OF FAZIYEV AND OTHERS v. RUSSIA

(Applications nos. 25056/14 and 49 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 Faziyev 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 the 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 Tomov and Others , cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaint about conditions of detention during transport; 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, Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees; Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10 January 2012, related to inadequate conditions of detention).

13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint lodged by some applicants under Article 13 of the Convention in respect of the alleged lack of remedies to complain about their placement in a metal cage in the courtrooms or about poor conditions of detention in pre-trial detention facilities (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]

25056/14

26/02/2014

Dmitriy Gennadyevich FAZIYEV

1984train (Novosibirsk - Kharp)

27/08/2013 to

17/09/2013

1.1 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

1,000

52705/17

06/02/2018

Aleksandr Viktorovich KVITKO

1959van, numerous instances of transport from the detention facility to the courthouse

14/06/2017 to

14/08/2017

0.26-0.75 m²

applicant transported on numerous occasions, lack of or insufficient electric light, lack of seat belts and handles, lack of fresh air, inadequate temperature, passive smoking, overcrowding, no or restricted access to potable water, no or restricted access to toilet, accommodation with inmates under stricter regime

1,000

70220/17

04/09/2017

Maksim Fedorovich STARCHENKO

1985van, train

02/08/2020 to

03/08/2020

van, train

07/02/2021 to

08/02/2021

van, train

16/02/2021 to

17/02/2021

0.3 m²

0.3 m²

0.3 m²

applicant transported on numerous occasions, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or insufficient quantity of food, overcrowding

inadequate temperature, overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, transport from a colony to a prison hospital

inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, overcrowding, transport from a prison hospital back to the colony.

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in a metal cage in the Vorkuta Town Court from 29/08/2016 to 19/05/2017

8,500

72663/17

09/10/2017

Samir Adil Ogly ISRAFILOV

1985Roza Saidovna Magomedova

Moscow

van

27/04/2017 to

03/06/2017

0.2 m²

lack of fresh air, no food, restricted access to potable water, no or restricted access to toilet, insufficient light

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

1,000

73800/17

14/09/2017

Gennadiy Yevgenyevich SOBOLEV

1985Yevgeniy Sergeyevich Yezhov

Velikiy Novgorod

van, convoy cells in courthouses

02/08/2016 to

11/07/2017

overcrowding, cramped individual compartments in prison vans

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

1,000

78403/17

21/05/2018

Nikolay Petrovich KRIVOLAPOV

1968Artem Leonidovich Osipov

Moscow

van

06/06/2017 to

22/11/2017

0.7 m²

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

1,000

5711/18

16/01/2018

Andrey Mikhaylovich VOZHOV

1979Marina Aleksandrovna Belinskaya

St Petersburg

van

17/12/2016 to

26/12/2018

0.4 m²

overcrowding; numerous occasions of transport

Art. 3 - inadequate conditions of detention – IZ ‑ 47/3,

IZ-47/4, IZ-47/5 St Petersburg Region; from 17/12/2016 to 31/10/2018; 3.5 sq. m. of personal space; lack of privacy for toilet, poor quality of food, lack of toiletries, lack of requisite medical assistance, infestation of cell with insects/rodents

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

10,200

11376/18

30/01/2018

Andrey Antonovich BOBROV

1995van

19/12/2017 to

19/01/2018

transit cell,

van, train

25/02/2019 to

18/04/2019

0.4 m²

0.3 m²

overcrowding, lack of fresh air, inadequate temperature

overcrowding, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, lack of fresh air, insufficient number of sleeping places, lack of a sitting place, lack or insufficient quantity of food, passive smoking, lack of or poor quality of bedding and bed linen

1,000

16113/18

12/03/2018

Aleksandr Nikolayevich SHALAMOV

1976Aleksandr Vladimirovich Vinogradov

Kostroma

train, transit cell

19/10/2017 to

25/01/2018

0.3 m²

overcrowding

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

1,000

18544/18

17/10/2018

Dmitriy Sergeyevich NARTOV

1990train

01/10/2018 to

02/10/2018

0.6 m²

no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to running water, passive smoking, 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

18943/18

27/03/2018

Maksim Olegovich SIDORENKOV

1983train

04/11/2017 to

05/11/2017

0.3 m²

overcrowding, insufficient number of sleeping places

1,000

21051/18

22/07/2018

Mikhail Sergeyevich MATSAPEY

1995train

28/07/2018 to

15/08/2018

0.4 m²

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

1,000

24226/18

23/04/2018

Igor Yevgenyevich PUKHACHEV

1980train, transit cell, van

15/09/2019 to

25/09/2019

train, van

19/05/2021 to

20/05/2021

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

bunk beds, applicant transported on numerous occasions, 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, overcrowding

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

1,000

24779/18

17/10/2018

Aleksandr Leonidovich AVDEYEV

1978van, (12 trips)

11/01/2018 to

27/08/2018

0.2 m²

overcrowding

1,000

25027/18

03/05/2018

Denis Vladimirovich KIRILLOV

1992train

27/12/2017 to

21/01/2018

0.34 m²

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

1,000

25030/18

03/05/2018

Aleksandr Olegovich LASTOCHKIN

1995van, transit cell

23/06/2017 to

18/04/2018

train, van, transport from the pre-trial detention facility in St Petersburg to serve sentence in a correctional colony in the Yamalo-Nenetsk Autonomous Region, transit cell

26/09/2018 to

11/10/2018

0.3 m²

numerous occasions of transport from the detention facility to the courthouse or to take part in investigative actions, overcrowding, no or restricted access to toilet, passive smoking, no or restricted access to potable water, poor quality of food

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

25189/18

17/05/2018

Stanislav Vyacheslavovich KARMANOV

1986van, train

26/11/2017 to

27/11/2017

van, train

01/02/2018 to

02/02/2018

van, train

15/04/2018 to

15/04/2018

train, transit cell, van

17/05/2018 to

21/06/2018

van

03/02/2019 to

04/02/2019

train

03/02/2019 to

04/02/2019

van, 8-hour long journey

06/03/2019 to

06/03/2019

0.3 m²

0.3 m²

0.3 m²

0.3 m²

0.38 m²

0.37 m²

0.7 m²

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

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

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

see above

overcrowding, inadequate temperature, no handrails

overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no handrails

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

27914/18

26/05/2018

Sergey Olegovich YERYSHKANOV

1984transit cell

13/02/2018 to

14/02/2018

van, transit cell

19/02/2018 to

26/02/2018

0.25 m²

0.3 m²

no food, no or restricted access to toilet, no sleeping place

overcrowding

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

1,000

29867/18

11/08/2018

Sergey Viktorovich POCHKUNOV

1964train, van

18/02/2018 to

05/03/2018

overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of privacy for toilet, 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

30543/18

30/05/2018

Vyacheslav Vyacheslavovich KONONENKO

1984van, holding cell at the prison hospital

25/05/2018 to

25/05/2018

0.3 m²

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

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - Between 24/10/2019 and 30/06/2021 the applicant served his sentence in IK-3, Orel Region. He complained about the video surveillance over his sleeping place and a toilet done by opposite-sex operators

1,000

30559/18

10/06/2018

Andrey Vladimirovich TSYGANKOV

1974transit cell, van

13/12/2017 to

04/05/2018

0.9 m²

overcrowding, constant electric light

1,000

31738/18

26/06/2018

Sergey Nikolayevich FREYER

1973Ivan Severovich Sidorov

Moscow

van, holding cell at the remand prison

27/06/2013 to

01/03/2018

0.3-0.33 m²

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

33419/18

13/06/2018

Oleg Anatolyevich SLYUSARENKO

1987train

22/01/2018 to

23/01/2018

0.3 m²

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

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

1,000

33664/18

16/06/2018

Sergey Vladimirovich NOVIKOV

1985Ernest Aleksandrovich Mezak

Saint-Barthélemy d’Anjou

van

22/12/2017 to

26/03/2018

0.2 m²

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

33966/18

22/06/2018

Ivan Valentinovich MIKHEYEV

1973van, train

15/01/2018 to

16/01/2018

train, van

07/02/2018 to

07/02/2018

0.3 (van), 0.2 (train) m²

0.2 m²

no individual place, 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, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking

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, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking, no possibility to sit during the transfer by van

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

1,000

34436/18

10/07/2018

Roman Nailevich AKHMEROV

1989Ivan Severovich Sidorov

Moscow

transit cell, van, transport on numerous occasions between the detention facility and the courthouse

16/09/2017 to

20/06/2018

0.3 m²

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

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

1,000

34542/18

10/07/2018

Aleksandr Yuryevich BARYSHNIKOV

2018Ivan Severovich Sidorov

Moscow

van

19/10/2015 to

17/04/2018

0.3 m²

overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to potable water, 5 to 10 hours’ transfers

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

1,000

34637/18

20/06/2018

Igor Nikolayevich KASYANENKO

1987train

03/06/2016 to

23/02/2018

lack of fresh air, poor quality of food, no or restricted access to potable water, insufficient number of sleeping places

1,000

34639/18

15/06/2018

Vitaliy Igorevich NIKOTIN

1983train

21/02/2018 to

21/02/2018

0.2 m²

overcrowding

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

1,000

35092/18

29/06/2018

Tikhon Fedorovich MATROSOV

1985train

27/05/2018 to

21/06/2018

0.4 m²

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 potable water, 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

35120/18

10/07/2018

Maksim Sergeyevich SEMENOV

1991train

27/06/2018 to

27/06/2018

train

05/10/2019 to

07/10/2019

0.5 m²

0.39 m²

lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, overcrowding

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

1,000

35377/18

13/07/2018

Nikita Vladimirovich DEMIN

1984Aleksandr Grigoryevich Berezin

Perm

van, numerous occasions of transport from the remand prison to the courthouse and back

22/11/2016 to

15/01/2018

0.4 m²

overcrowding, passive smoking

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

1,000

36025/18

14/07/2018

Shamkhan Khuseynovich ABUYEV

1988Innara Zhorayevna Bagdasaryan

Moscow

van, transit cell

15/01/2018 to

15/01/2018

0.2 m²

overcrowding, lack of individual place in a van, lack of fresh air, inadequate temperature, mouldy or dirty cell, poor quality of potable water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light, 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

37074/18

23/07/2018

Andrey Viktorovich KARPOV

1976Maksim Aleksandrovich Markin

St Petersburg

van (IZ-47/4 St Petersburg - St Petersburg City Court –

8 roundtrips), convoy cells (St Petersburg City Court and IZ-47/4

St Petersburg)

19/04/2018 to

30/08/2018

0.36 m²

1 - 1.25 m²

inadequate temperature,

overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, 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

37127/18

12/07/2018

Yevgeniy Yuryevich NOVIKOV

1990train, van

01/03/2018 to

01/03/2018

0.3-0.4 m²

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable 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

37530/18

27/07/2018

Aleksandr Vasilyevich UTYUZHNIKOV

1982Andrey Anatolyevich Malinin

Pechora

train, van

11/07/2018 to

12/07/2018

0.3 m²

lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, overcrowding, 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

1,000

38475/18

01/08/2018

Dmitriy Aleksandrovich LOGINOV

1990van, train

16/02/2018 to

18/02/2018

van, train

05/03/2018 to

07/03/2018

train, van

03/04/2019 to

04/04/2019

0.3 m²

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

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

overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to potable water, passive smoking, inadequate temperature

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

1,000

38909/18

31/07/2018

Nikita Vladimirovich USOV

1985train

01/03/2018 to

05/03/2018

train

21/03/2018 to

25/03/2018

train

23/04/2018 to

23/04/2018

train, transit cell

03/09/2018 to

24/10/2018

train

07/11/2021 to

26/12/2021

0.3 m²

0.3 m²

0.3 m²

0.3 m²

lack of fresh air, poor quality of food, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen

see above

see above

see above

see above

1,000

39141/18

05/10/2018

Dmitriy Viktorovich KUZMIN

1979train

03/07/2018 to

04/07/2018

train

13/01/2019 to

20/01/2019

van, transit cell, train

30/03/2019 to

05/05/2019

0.35 m²

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

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

lack of or insufficient electric light, lack of fresh air, overcrowding, numerous occasions of transport, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to shower, mouldy or dirty cell

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

1,000

39885/18

09/08/2018

Danil Alekseyevich POPOV

1994train

28/02/2018 to

30/07/2018

multiple instances of transport between detention facilities, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature

Art. 3 - use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage in the hearings before the Pechora Town Court, latest court hearing on 05/12/2018

8,500

40000/18

17/07/2018

Oleg Vyacheslavovich SHUTIKOV

1980train

13/05/2018 to

15/05/2018

train

27/05/2021 to

27/05/2021

train

20/11/2021 to

22/11/2021

train

15/02/2022 to

17/02/2022

0.6 m²

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

insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, overcrowding

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

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

40379/18

23/07/2018

Vyacheslav Sergeyevich PANASENKOV

1980train, van

09/04/2018 to

09/04/2018

train, van

06/12/2018 to

16/12/2018

0.3 m²

0.32 m²

overcrowding

overcrowding, inadequate temperature, lack of fresh air, 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

40387/18

15/08/2018

Sergey Viktorovich DIDYCHENKO

1996transit cell, van

31/07/2018 to

31/07/2018

train, van, transit cell

15/10/2018 to

16/10/2018

van

19/11/2018 to

01/03/2019

van

28/03/2019 to

28/03/2019

0.16 m²

0.16 m²

0.22-0.25 m²

overcrowding

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

overcrowding, transport in a single-prisoner cubicles

overcrowding

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 since 10/06/2016 (most recent known occasion in 2019) in the court hearings before the Ezhvinskiy District Court of Syktyvkar, Komi Republic

8,500

40404/18

29/07/2018

Sergey Viktorovich GUSEV

1989Andrey Pavlovich Konakov

St Petersburg

van

06/04/2017 to

21/06/2018

0.4-0.5 m²

inadequate temperature, lack of ventilation, no or restricted access to toilet, cuffs

1,000

40944/18

08/08/2018

Andrey Georgiyevich LISIMENKO

1976train (Syktyvkar -Ukhta roundtrip)

09/06/2018 to

06/07/2018

0.5 m²

overcrowding, no or restricted access to toilet

1,000

41073/18

02/08/2018

Igor Viktorovich MAKSIMOV

1971Ashot Aleksandrovich Andreyev

Syktyvkar

train (Vologda - Ukhta)

02/02/2018 to

04/02/2018

train (Ukhta - Syktyvkar)

07/02/2018 to

07/02/2018

train (Syktyvkar-Ukhta)

09/04/2018 to

10/04/2018

train (Sosnogorsk - Vologda)

13/04/2018 to

14/04/2018

train (Vologda- St Petersburg)

17/04/2018 to

19/04/2018

train (St Petersburg- Murmansk)

22/04/2018 to

24/04/2018

<0.3 m²

<0.5 m²

0.4 m²

0.4 m²

<0.4 m²

<0.4 m²

overcrowding, insufficient number of sleeping places

overcrowding

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

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places

overcrowding

overcrowding

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

1,000

41113/18

18/08/2018

Aleksandr Vitalyevich FROLOV

1993Olga Viktorovna Golub

Suzemka

van (three roundtrips from IZ-77/5 to Golovinskiy Dsitrict Court of Moscow), convoy cell (Golovinskiy District Court of Moscow)

19/02/2018 to

28/02/2018

train (Moscow - Smolensk)

21/07/2018 to

22/07/2018

0.3 m²

overcrowding, lack of fresh air

overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, poor quality of potable water, lack of fresh air, inadequate temperature, passive smoking

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

1,000

41117/18

18/08/2018

Magomed Mikailovich ABADIYEV

1982Olga Viktorovna Golub

Suzemka

train (Moscow - Kursk)

22/02/2018 to

23/02/2018

0.3 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, poor quality of potable 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

41393/18

17/01/2019

Ivan Viktorovich MATVIYENKO

1998convoy cells of the Sovetskiy District Court of Krasnoyarsk

15/10/2018 to

15/05/2019

1 m²

overcrowding

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

1,000

41502/18

15/08/2018

Mikhail Anatolyevich PSHENICHNYY

1976van (Vorkuta - Syktyvkar)

11/06/2018 to

13/06/2018

train (Syktyvkar - Ukhta)

09/08/2019 to

10/08/2019

0.4 m²

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

insufficient number of sleeping places

1,000

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

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