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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> GABUYEV AND OTHERS v. RUSSIA - 28628/21 (Article 3 - Prohibition of torture : Fifth Section Committee) [2023] ECHR 930 (23 November 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/930.html
Cite as: [2023] ECHR 930
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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:
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
- JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
- JURISDICTION
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).
- ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
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.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
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.
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
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,
- Decides to join the applications;
- Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
- Declares the applications admissible;
- Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
- Holds that there have been other violations of the Convention under the Court's well-established case-law (see the appended table);
- Holds
(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)
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] | |
28/07/2021 | Taymuraz Valeryevich GABUYEV 1990 |
| van 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 | |
04/10/2021 | Dmitriy Olegovich ARKHIPOV 1986 |
| train 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 | |
05/08/2021 | Dmitriy Gennadyevich CHABANOV 1978 |
| van, 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 | |
06/08/2021 | Mikhail Igorevich MEDVEDEV 1989 |
| train 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 | |
20/08/2021 | Andrey Geliyevich YEVSEYEV 1993 |
| van, 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 | |
12/01/2022 | Pavel Sergeyevich PROKOPOVICH 1995 |
| van, 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 | |
07/02/2022 | Viktor Anatolyevich ARBUZOV 1992 |
| van, 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 | |
25/11/2021 | Aleksandr Sergeyevich LAVRUKHIN 1984 |
| train 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 | |
23/02/2022 | Ivan Viktorovich OVCHINNIKOV 1977 |
| train 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 | |
10/02/2022 | Aleksey Iosifovich ROKHLIN 1961 |
| van (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 | |
06/10/2021 | Aleksey Aleksandrovich KONYAKHIN 1989 |
| van 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 | |
24/02/2022 | Pavel Vladimirovich LAPSHIN 1983 |
| van 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 | |
02/02/2022 | Anton Yuryevich LIFANOV 1985 |
| van, 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 | |
12/11/2021 | Aleksandr Vladimirovich MITYAYEV 1984 |
| van 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 | |
18/11/2021 | Stanislav Gennadyevich KORSHIKOV 1983 |
| van, 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 | |
21/01/2022 | Yuriy Anatolyevich KOZLOV 1964 |
| van 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 | |
15/11/2021 | Aleksandr Ivanovich GOLOVIN 1988 |
| train, 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 | |
11/11/2021 | Emil Ramilevich GABDELKHAKOV 1987 |
| van 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 | |
08/11/2021 | Eduard Sergeyevich SHCHERBENEV 1993 |
| van 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 | |
10/01/2022 | Yuriy Viktorovich FEDOSEYEV 1989 |
| van, 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 | |
25/10/2021 | Semen Anatolyevich ZAYTSEV 1993 |
| van, 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 | |
22/11/2021 | Vladimir Nikolayevich GUK 1970 |
| van 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 | |
23/11/2021 | Oleg Afanasyevich ILCHENKO 1957 |
| van, 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 | |
18/11/2021 | Pavel Igorevich MALTSEV 1989 | Mikhail 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 | |
30/11/2021 | Dmitriy Aleksandrovich KYLOSOV 1981 |
| train, van 20/06/2021 to 22/07/2021 |
| overcrowding, no or restricted access to toilet, inadequate temperature
|
| 1,000 | |
11/11/2021 | Nikolay Aleksandrovich SAVELCHEV 1989 |
| van 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 | |
15/12/2021 | Aleksandr Bronislavovich SOKOLOV 1984 |
| van 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 | |
27/01/2022 | Pavel Vyacheslavovich KARELIN 1984 |
| van, 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 | |
30/11/2021 | Aleksey Aleksandrovich SHCHEGLOV 1992 |
| train 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 | |
07/12/2021 | Oleg Ivanovich STARYGIN 1977 |
| train, 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 | |
06/12/2021 | Yuriy Igorevich CHERNOV 2000 |
| van, 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 | |
17/12/2021 | Kirill Yuryevich RUSSKIKH 1998 |
| train, 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 | |
14/12/2021 | Sergey Sergeyevich KOZHEMYAKO 1982 |
| train 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 | |
21/12/2021 | Andrey Gennadyevich SAMARSKIY 1989 |
| train, 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 | |
16/12/2021 | Anton Vladimirovich VOROPAYEV 1983 |
| van 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 | |
03/01/2022 | Vasiliy Yevgenyevich TERENTYEV 1997 |
| van (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 | |
27/12/2021 | Aleksey Sergeyevich MASLAKOV 1987 |
| train, 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 | |
04/01/2022 | Intigam Gabib Ogly RAMAZANOV 1979 |
| train 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 | |
21/01/2022 | Alfiya Nurkhalimovna NYRKOVA 1977 |
| van 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 | |
11/01/2022 | Anton Nikolayevich KOROTKOV 1981 |
| van 20/07/2021 to 20/07/2021 |
| inadequate temperature, overcrowding, no or restricted access to toilet
|
| 1,000 | |
17/01/2022 | Vyacheslav Andreyevich BULYGIN 1988 |
| van 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 | |
10/03/2022 | Artem Olegovich LOBACHEV 1984 |
| van 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 | |
24/01/2022 | Andrey Gennadyevich NIKOLAYEV 1984 |
| van, 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 | |
25/01/2022 | Roman Nikolayevich ARSENYEV 1982 |
| van, 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 | |
07/02/2022 | Aleksandr Vladimirovich RAKEVICH 1988 |
| van, 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 | |
09/02/2022 | Aleksandr Vladimirovich ORLOV 1977 |
| van, 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 | |
25/01/2022 | Arsen Zalimkhanovich VAISOV 1977 |
| train, 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 | |
22/02/2022 | Roman Aleksandrovich YEFANOV 1995 |
| van, 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 | |
10/02/2022 | Yevgeniy Vyacheslavovich YUSHKOV 1982 |
| van 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 | |
13/02/2022 | Gleb Vadimovich SVITKO 1977 |
| van, 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 | |
21/02/2022 | Aleksandr Alekseyevich MAMONTOV 1980 |
| van 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 | |
01/03/2022 | Aleksandr Vladimirovich TATARINOV 1989 |
| train 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 | |
08/03/2022 | Aleksandr Sergeyevich VORONIN 1991 |
| van, 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 | |
24/02/2022 | Artem Aleksandrovich POPOV 1987 |
| train, 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 | |
05/03/2022 | Eduard Vladimirovich KARMANOV 1977 |
| train, 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 | |
21/02/2022 | Dzhon Frankovich KOSMOS 1972 |
| van 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 | |
18/03/2022 | Artem Aleksandrovich VASILYEV 1991 |
| van, 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 | |
09/03/2022 | Sergey Anatolyevich DELOV 1963 |
| van, 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 | |
10/03/2022 | Aleksey Konstantinovich YEMELYANOV 1988 |
| train 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 | |
15/03/2022 | Artem Valeryevich DVUGROSHEV 1997 |
| train, 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 | |
19/03/2022 | Semen Sergeyevich FILIPPOV 1988 |
| van 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 | |
02/03/2022 | Artur Lotariyevich ARKHIPOV 1989 |
| van 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 | |
29/03/2022 | Parviz MURODBEKZODA 1983 |
| van, train 10/09/2021 to 02/10/2021 |
| overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet
|
| 1,000 | |
25/03/2022 | Pavel Vladimirovich SHESTAKOV 1978 |
| train, 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 | |
08/04/2022 | Andrey Aleksandrovich YEROFEYEV 1992 |
| train 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.