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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> FILIMONOV AND OTHERS v. RUSSIA - 3219/19 (Article 3 - Prohibition of torture : First Section Committee) [2023] ECHR 968 (30 November 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/968.html
Cite as: [2023] ECHR 968
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FIRST SECTION
CASE OF FILIMONOV AND OTHERS v. RUSSIA
(Applications nos. 3219/19 and 50 others -
see appended list)
JUDGMENT
STRASBOURG
30 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Filimonov 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 9 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 ("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
- 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 in the detention and 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 cases.
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 cases 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. 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 findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 123-26, 4 October 2016, concerning the placement of applicants in a metal cage or a glass cabin in courtrooms; Idalov v. Russia, [GC], no. 5826/03, §§ 154-58, 22 May 2012, about delays in examination of the complaints against detention order; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, relating to inadequate conditions of detention after conviction and the lack of effective remedies in this respect; Tomov and Others, cited above, §§ 143-56, as regards the lack of effective remedies in respect of conditions of transport; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in detention facilities and the lack of an effective remedy in that respect.
13. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the complaints under Article 13 of the Convention relating to the lack of an effective remedy as regards placement in a cage or a glass cabin at a court hearing (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
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 has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
- Holds that it is not necessary to deal separately with the complaint under Article 13 of the Convention concerning the alleged lack of an effective remedy in respect of the placement in a metal cage or a glass cabin in the courtroom;
- 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 30 November 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)
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] | |
30/01/2019 | Anton Sergeyevich FILIMONOV 1987 |
| train, transit cell 27/09/2018 to 12/10/2018 |
| overcrowding (10-14 inmates are placed in a compartment for 7 inmates), 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
| Art. 3 - inadequate conditions of detention after conviction - conditions of detention in IK-8 Komi Republic since 12/10/18 and pending as of 16/09/2022 (2 sq. m., restricted access to potable and warm water and to the toilet, restricted access to shower, overcrowding),
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sovetskiy District Court of Bryansk, Bezhetskiy District Court of Bryansk, Bryansk Regional Court from 20/07/2017 to 21/08/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and of conditions of detention | 16,300 | |
12/12/2018 | Oleg Viktorovich SHLIKHAR 1975 |
| train 13/07/2018 to 15/07/2018
train 23/07/2018 to 23/07/2018 | 0.3 m²
0.3 m²
| overcrowding, insufficient number of sleeping places, lack or inadequate furniture, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, no or restricted access to warm water, 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 | |
08/12/2018 | Denis Aleksandrovich KORCHIN 1977 |
| train 13/09/2018 to 14/09/2018
van 21/12/2018 to 21/12/2018
train 17/06/2019 to 17/06/2019
train 07/07/2019 to 07/07/2019
train, van 15/12/2019 to 16/12/2019 | 0.47 m²
0.3 m²
0.36 m²
0.36 m²
0.3 m²
| lack of or insufficient electric light, no or restricted access to toilet, overcrowding, insufficient number of sleeping places
overcrowding, inadequate temperature, no handrails in a van, lack of fresh air, duration of the trip in a van was 1 hour 50 minutes
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, poor quality of food, 6 hours' trip
overcrowding, no or restricted access to toilet, 6 hours' trip
see above, 1.3 hour-trip in a van, 14 hour-trip (train) | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Syktyvkar Town Court, Supreme Court of the Komi Republic, Pechora Town Court, Ust-Vymskiy District Court of the Komi Republic, Perm Regional Court, Third Cassation Court, from 07/10/2020 to 29/03/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
| 8,500 | |
12/12/2018 | Valeriy Anatolyevich SHTIKEL 1978 | Ashot Aleksandrovich Andreyev Syktyvkar | train, van 05/09/2018 to 07/09/2018 | 0.4 m²
| lack of fresh air, overcrowding, no or restricted access to toilet, poor quality of potable water
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
27/12/2018 | Anton Georgiyevich KULIKOV 1982 | Sergey Vladimirovich Kravchuk St Petersburg | van, numerous occasions of transport within the indicated period from the detention facility to a courthouse 31/10/2014 to 25/12/2018 | 0.3 m²
| overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or inadequate hygienic facilities, 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 | |
28/12/2018 | Aleksandr Dmitriyevich GLUSHCHENKO 1973 |
| train, transit cell, transport of the applicant from the initial detention facility to the detention facility of final destination in another region; stops in numerous transit detention facilities and further transport by train within the indicated period 15/05/2018 to 12/11/2018 | < 0.6 m² | lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, no or restricted access to toilet, overcrowding, poor quality of food
|
| 1,000 | |
08/12/2018 | Aleksandr Valeryevich KORNEV 1987 |
| transit cell, van, numerous occasions of transport between the detention facility and the courthouse 31/05/2017 to 30/07/2018 | 0.3 m²
| no ventilation, lack of sitting places, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, passive smoking, lack of privacy for toilet, lack of fresh air, inadequate temperature, absence of safety belts and other safety equipment in a van, no or restricted access to toilet, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, poor quality of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
10/12/2018 | Mikhail Nikolayevich FILIPPOV 1986 |
| van, transit cells, numerous occasions of transport to take part in court hearings within the period from 03/05/2018 to 15/06/2018 | 0.4-0.5 m²
| overcrowding, lack of fresh air, lack of or insufficient electric light, applicant transported on numerous occasions, passive smoking, no or restricted access to toilet | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a number of hearings before the Vorkuta Town Court, the most recent known hearing on 15/06/2018, proceedings pending as of 16/09/2022,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
16/01/2019 | Dmitriy Alekseyevich TRUSHKIN 1980 |
| van, train 03/11/2018 to 04/11/2018 | 0.37-0.5 m²
| overcrowding, no or restricted access to toilet, no or restricted access to potable water, passive smoking, 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 | 1,000 | |
30/11/2018 | Artem Ivanovich ZHIZHEV 1983 |
| transit cell, van, train 11/09/2018 to 13/09/2018
train, van, transit cell 27/09/2018 to 29/09/2018 | 0.3m2
0.3 m2 | no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of fresh air, insufficient number of sleeping places
see above
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
31/12/2018 | Nikolay Alekseyevich MAMONTOV 1978 |
| transit cell, train, van 03/07/2018 to 04/07/2018
transit cell, van, train 07/08/2018 to 07/08/2018 | <0.5 m²
<0.5m²
| lack of fresh air, lack of or insufficient electric light, overcrowding, insufficient number of sleeping places
lack of fresh air, insufficient number of sleeping places, 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 | |
18/12/2018 | Leonid Sergeyevich TARAKANOV 1981 |
| van, numerous occasions of transport to take part in court hearings since 21/10/2017 and pending as of 16/09/2022 | 0.33-0.35 m²
| overcrowding, lack of fresh air, lack of or insufficient electric light
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant on numerous occasions in a metal cage in court hearings before the Tsentralnyy District Court of Novosibirsk; since 21/10/2017 and pending as of 16/09/2022 | 8,500 | |
14/12/2018 | Sergey Pavlovich TOPORKOV 1982 |
| van, numerous occasions of transport 27/10/2017 to 13/07/2018 | 0.4 m²
| overcrowding, lack of or insufficient electric light, lack of fresh air, inadequate temperature, passive smoking
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vsevolzhsk Town Court of the Leningrad Region, numerous hearings, the date of the judgment was 13/07/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
11/01/2019 | Fanis Faritovich AKHMETSHIN 1963 |
| van, transit cell 18/09/2017 to 30/07/2018 | 0.3 m²
| lack of fresh air, overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the application in overcrowded glass cabins (21 accused, cabin of 9.2x1.7) in the Privolzhye Circuit Military Court in the building of the Ordzhonikidzovskiy District Court of Ufa, 18/09/2017 - 30/07/2018;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
10/01/2019 | Igor Pavlovich OKSANICH 1976 |
| train 20/06/2018 to 22/10/2018
train, transit cell, van 10/01/2019 to 29/01/2019 | 0.6 m2
0.26-0.7 m2 | lack of fresh air, overcrowding, lack of privacy for toilet
insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, inadequate temperature, no or restricted access to warm 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 | |
05/03/2019 | Andrey Vladimirovich CHUPROV 1984 |
| van, train, transit cell 11/09/2018 to 14/09/2018 | 0.4 m2 | insufficient number of sleeping places, passive smoking, overcrowding, 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 | |
21/12/2018 | Vyacheslav Konstantinovich ULYANOV 1995 |
| van 05/11/2017 to 20/07/2018 | 0.3 m²
| overcrowding, inadequate temperature, passive smoking, mouldy or dirty cell, 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 | |
25/12/2018 | Valentin Nikolayevich IVANOV 1990 |
| train 07/09/2018 to 08/09/2018
van, train 19/03/2019 to 20/03/2019 | 0.49 m²
0.3 m2
| overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to toilet
insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, 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 | 1,000 | |
28/12/2018 | Mansur Takhirovich SAYDASHEV 1984 |
| van 05/09/2018 to 05/09/2018 | 0.26 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 | |
11/01/2019 | Sergey Alekseyevich SAMOKHVALOV 1977 |
| transit cells, van 12/07/2018 to 25/12/2018 | 0.8 m²
| overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to potable water
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
24/12/2018 | Rasim Ramidinovich MEDZHIDOV 1993 |
| van, train 23/01/2019 to 24/01/2019
train 27/01/2021 to 13/03/2021
train 15/10/2021 to 15/10/2021 | 0.33 m²
0.3 m²
0.27 m²
| overcrowding, insufficient number of sleeping places, no or restricted access to running water, no or restricted access to toilet
overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, poor quality of food
overcrowding, lack or inadequate furniture, 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 electric light | Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in correctional colonies IK-1 and IK-31 Komi Republic between 23/12/2017 and 13/03/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance and in respect of conditions of detention during transport | 1,000 | |
16/01/2019 | Kirill Andreyevich LEBEDEV 1994 |
| train 13/12/2018 to 15/12/2018 |
| overcrowding (10 inmates transported in a compartment for 5), lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water |
| 1,000 | |
15/01/2019 | Ruslan Anatolyevich OVSEYENKO 1976 |
| transit cell, train 29/08/2018 to 01/10/2018 | 0.4, 0.25 m2 | overcrowding, passive smoking, 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, numerous occasions of transport, lack of or insufficient electric light, no or restricted access to potable water |
| 1,000 | |
21/01/2019 | Sergey Sergeyevich PERMYAKOV 1996 |
| van, train 03/10/2018 to 05/10/2018
| 0.5 m2 | overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of fresh air, lack of privacy for toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
18/01/2019 | Artur Armaisovich MATEVOSYAN 1983 |
| train 29/09/2018 to 01/10/2018 | 0.6 m2 | overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food |
| 1,000 | |
14/01/2019 | Vladimir Vladimirovich GAVRILOV 1986 |
| train 19/08/2018 to 21/08/2018 | 0.6 m | overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack of or inadequate hygienic facilities, insufficient number of sleeping places |
| 1,000 | |
14/01/2019 | Sergey Georgiyevich BELOV 1973 |
| train 04/08/2018 to 24/08/2018 | <0.2 m²
| overcrowding, insufficient number of sleeping places, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water |
| 1,000 | |
09/01/2019 | Artem Vladimirovich CHEREPANOV 1982 |
| train 20/09/2018 to 21/09/2018 | 0.26 m2 | overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food
|
| 1,000 | |
23/01/2019 | Dmitriy Aleksandrovich LIMANSKIY 1979 | Andrey Anatolyevich Malinin Pechora | train, van 23/11/2018 to 24/11/2018
train, van, transit cell 15/01/2020 to 25/01/2020 | 0.35 m²
0.4 m2 | inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding
insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, insufficient electric light, overcrowding, 2 roundtrips | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
17/01/2019 | Dmitriy Viktorovich GRIGORYEV 1986 |
| train, van 28/06/2018 to 07/03/2019 | 0.5 m2 | overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, 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 | |
23/01/2019 | Sergey Mikhaylovich TUYEV 1989 | Andrey Anatolyevich Malinin Pechora | train, van 21/10/2018 to 22/10/2018
train, van 05/11/2018 to 06/11/2018 | 0.35 m²
0.35 m²
| lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, overcrowding
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, 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 | |
14/01/2019 | Ignatiy Aleksandrovich LAVRENTYEV 1992 |
| van, train 28/01/2019 to 18/02/2019 | 0.2-0.4 m²
| overcrowding, lack of fresh air, passive smoking, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water |
| 1,000 | |
16/01/2019 | Dmitriy Vladimirovich TERVONIN 1977 |
| train 21/09/2018 to 23/09/2018 | 0.37 m²
| overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water, no or restricted access to potable water, insufficient number of sleeping places |
| 1,000 | |
09/01/2019 | Maksim Vladimirovich POPSUYKO 1976 |
| van, train 01/10/2018 to 01/10/2018
train 20/12/2021 to 21/12/2021 and 30/01/2022 to 31/01/2022 | 0.4 m²
0.3 m²
| overcrowding, mouldy or dirty cell, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, no or restricted access to toilet
overcrowding, insufficient number of sleeping places, passive smoking, 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 | |
15/01/2019 | Dmitriy Viktorovich CHIRKOV 1994 |
| van 11/09/2015 to 16/07/2018 | 0.25 m²
| overcrowding, no or restricted access to toilet, inadequate temperature, no windows, applicant transported on numerous occasions |
| 1,000 | |
23/01/2019 | Grigoriy Vanyayevich PROSHYAN 1958 | Roza Saidovna Magomedova Moscow | transit cell, van 10/09/2018 to 05/12/2018 | 0.2 m²
| overcrowding, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack or insufficient quantity of food, lack of or insufficient electric light, inadequate temperature
| Art. 5 (4) - excessive length of judicial review of detention - On 17/09/2018 the applicant lodged an appeal against the detention order of 10/09/2018, which was considered on 09/10/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,500 | |
12/01/2019 | Aleksey Nikolayevich PESHKOV 1981 |
| train, van 11/08/2018 to 09/11/2018 |
| overcrowding ("Stolypin" wagon, 9-11 inmates, several hours; transportation in a van with 10 other inmates), lack or insufficient quantity of food, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
02/01/2019 | Aleksandr Faritovich UTIMBAYEV 1955 | Tatyana Aleksandrovna Tretyak Gelendzhik | transit cell, van, numerous occasions of transport from and back to the detention facility to take part in investigative actions and court hearings 05/08/2016 pending as of 16/09/2022 | < 0.5 m²
| lack of fresh air, no or restricted access to toilet
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal case 45 times in the hearings before the Gelendzhik Town Court, last time 01/10/2018; proceedings were pending as of 16/09/2022,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
09/01/2019 | Rustem Mullayanovich YUSUPOV 1982 |
| van, numerous occasions of transport to and from detention facility to take part in investigative actions or court hearings 10/09/2015 to 26/12/2018 | 0.25 m²
| overcrowding, no handrails in a van, 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 | 1,000 | |
16/01/2019 | Gayrat Mavlyanovich SADIKOV 1987 | Natalya Andreyevna Balog Krasnoyarsk | van, convoy cells in the Sovetskiy District Court of Krasnoyarsk since 09/01/2018 pending as of 16/09/2022 | 0.35 m² | overcrowding, 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 | |
10/01/2019 | Sergey Vladimirovich FETT 1986 |
| van, train 17/10/2018 to 19/10/2018 | 0.3-0,6 m²
| lack of fresh air, overcrowding, insufficient number of sleeping places, lack of privacy for toilet, passive smoking, 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 | |
28/01/2019 | Dmitriy Albertovich PAUTS 1984 |
| train, (two trips) 15/12/2018 to 17/01/2019 | 0.5 m2 | insufficient number of sleeping places, inadequate temperature, 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 | |
10/12/2018 | Aleksey Ivanovich GROMOV 1973 |
| train 17/10/2018 to 19/10/2018 |
| overcrowding (11 inmates in a compartment for 5 inmates), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water |
| 1,000 | |
28/01/2019 | Aleksey Viktorovich SMIRNOV 1983 |
| van, transit cell, numerous occasions of transport within the indicated period 30/07/2018 to 06/11/2018 | <0.4 m²
| overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, insufficient number of sleeping places, constant electric light |
| 1,000 | |
31/01/2019 | Sergey Nikolayevich ZUBAREV 1974 |
| train, transit cell 20/08/2018 to 17/09/2018 | 0.5 m²
| lack of fresh air, inadequate temperature, 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 | |
01/02/2019 | Nikolay Anatolyevich BURKOV 1973 |
| train 18/12/2018 to 19/12/2018 | 0.3 m2 | overcrowding, insufficient number of sleeping places, no or restricted access to toilet, 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 | |
21/01/2019 | Oleg Alekseyevich CHERNYKH 1975 |
| van, train, transit cell 04/06/2018 to 12/11/2018 |
| overcrowding (in train: compartment for 5 carrying 9-11 inmates), lack of or poor quality of bedding and bed linen, passive smoking, lack of privacy for toilet, lack of fresh air, lack of toiletries |
| 1,000 | |
04/02/2019 | Denis Aleksandrovich CHERNYAKOV 1991 |
| van, train 15/01/2019 to 16/01/2019 | 0.5 m² | insufficient number of sleeping places, lack of fresh air, 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 | |
01/02/2019 | Aleksandr Mikhaylovich ICHETKIN 1986 |
| train 19/09/2018 to 21/09/2018 |
| lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding (12 inmates transported in a compartment for 5 inmates) | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
13/03/2019 | Vasiliy Viktorovich BOYCHENKO 1986 |
| van 14/11/2018 to 14/11/2018
| 0.3 m²
| no or restricted access to potable water, overcrowding
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
29/04/2019 | Dmitriy Sergeyevich KUPREYEV 1981 |
| van, train 12/11/2018 to 29/11/2018 |
| overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, poor quality of potable water, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, 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 |
[1] Plus any tax that may be chargeable to the applicants.