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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> GORBUNOV AND OTHERS v. RUSSIA - 46924/19 (Article 3 - Prohibition of torture : Second Section Committee) [2024] ECHR 354 (18 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/354.html
Cite as: [2024] ECHR 354
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SECOND SECTION
CASE OF GORBUNOV AND OTHERS v. RUSSIA
(Applications nos. 46924/19 and 49 others -
see appended list)
JUDGMENT
STRASBOURG
18 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Gorbunov and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 28 March 2024,
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 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. 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 Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of post-conviction detention and the lack of an effective remedy in that respect; Tomov and Others, cited above, §§ 143-56, concerning the lack of an effective remedy in respect of inadequate conditions of 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; Blokhin v. Russia [GC], no. 47152/06, §§ 120-50, 23 March 2016, and Reshetnyak v. Russia, no. 56027/10, §§ 49-101, 8 January 2013, as regards medical negligence in prison and lack of effective remedies in this respect).
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 about the lack of effective domestic remedies to complain about the placement in a metal cage in the courtroom (compare 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 the applicants' complaints 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 the appended table);
- Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of lack of domestic remedies to complain about the placement in a metal cage 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 18 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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] | |
12/08/2019 | Yuriy Vladimirovich GORBUNOV 1987 |
| train 21/07/2019 to 26/07/2019 | 0.2 m²
| overcrowding, lack of or poor quality of bedding and bed linen, passive smoking, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to toilet, 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 | |
09/08/2019 | Maksim Aleksandrovich BALENKO 1979 | Igor Alekseyevich Karpov St Petersburg | van, numerous occasions of transport between the detention facilities or the courthouse 03/12/2018 to 07/03/2019
train (St Petersburg - Murmansk) 24/03/2019 to 26/03/2019 |
| transport in a single-occupancy compartment, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light
insufficient number of sleeping places, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, 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 | |
13/08/2019 | Aleksandr Sergeyevich SHERYUKOV 1988 |
| train 23/02/2019 to 23/03/2019 | 0.3 m²
| applicant transported on numerous occasions, overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, passive smoking, no or restricted access to toilet |
| 1,000 | |
19/08/2019 | Roman Aleksandrovich BELYKH 1973 |
| train 23/06/2019 to 24/06/2019 | 0.5 m²
| overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, 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 | |
30/08/2019 | Arzuman Shirmamed ogly GASANOV 1969 | Andrey Mstislavovich Ishchuk St Petersburg | transit cell, van 17/10/2018 to 05/03/2019 |
| overcrowding, 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 | |
15/08/2019 | Vladimir Ivanovich CHABANOV 1983 |
| van, train 04/03/2019 to 21/03/2019 | 0.25 m²
| overcrowding, inadequate temperature, lack of handles, lack of or insufficient electric light, no or restricted access to potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, 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 | |
13/12/2019 | Ilya Yuryevich KARASHCHUK 1991 |
| transit cell, van 02/04/2018 to 13/12/2019 | <0.5 m²
| overcrowding, lack of fresh air, inadequate temperature; transport on numerous occasions
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in the criminal proceedings in courtrooms of the Krasnoselskiy District Court of St Petersburg from 29/06/2018 to 16/09/2019 in a metal cage, including by way of videoconference for the appeal hearings held in St Petersburg City Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
15/08/2019 | Aleksey Konstantinovich KUZNETSOV 1982 |
| train, van 24/04/2019 to 25/04/2019
van, train 17/05/2019 to 17/05/2019 | 0.2 m²
| insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water
lack of fresh air, overcrowding
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
28/08/2019 | Ruslan Yuryevich GORLACH 1982 |
| train, van 07/05/2019 to 08/05/2019 | 0.2-0.3 m²
| insufficient number of sleeping places, lack of fresh air, 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 or insufficient natural light, 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 | |
24/08/2019 | Roman Viktorovich BOGOMOLOV 1982 |
| van 29/05/2019 to 18/06/2019 | 0.3 m²
| no or restricted access to toilet, no or restricted access to potable water, lack of fresh air |
| 1,000 | |
21/08/2019 | Sergey Aleksandrovich BYSTROV 1982 |
| van 15/05/2019 to 11/07/2019
train 24/07/2019 to 17/09/2019 | 0.3 m²
| applicant transported on numerous occasions, overcrowding, lack of fresh air, lack of or insufficient electric light
lack of fresh air, insufficient number of sleeping places, overcrowding, 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 | |
05/08/2019 | Maksim Andreyevich BURDEYNYY 1982 | Aleksey Mikhaylovich Urlashov St Petersburg | transit cell, train 14/03/2019 to 26/03/2019 | 0.3 m²
| overcrowding, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, insufficient number of sleeping places, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, constant electric light, lack of fresh air, no ventilation, lack of privacy for toilet, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking, 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 | |
13/08/2019 | Aleksandr Aleksandrovich VANEYEV 1983 |
| train, van 03/04/2019 to 19/06/2019 | 0.36 m²
| Single-occupancy compartment, overcrowding, insufficient number of sleeping places, no safety belts and armrest in the van, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack or inadequate furniture, no or restricted access to running water, lack of or insufficient electric light, 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 | |
19/08/2019 | Kirill Igorevich KOLTS 1996 |
| train, van 25/06/2019 to 13/07/2019 | 0.23-0.35 m²
| overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, 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, no safety belts | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
26/11/2019 | Yevgeniy Viktorovich KUDRYASHOV 1978 |
| van 08/07/2020 to 08/07/2020 | 0.2 m²
| inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of requisite medical assistance, no or restricted access to toilet, overcrowding, no or restricted access to warm water, no or restricted access to potable water |
| 1,000 | |
22/08/2019 | Alimbek Radionovich SANSHOKOV 1993 |
| train, transit cell, van 16/04/2019 to 28/05/2019 |
| overcrowding, passive smoking, lack of fresh air, inadequate temperature, insufficient number of sleeping places, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, 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 | |
03/09/2019 | Viktor Viktorovich CHERNYSHOV 1985 |
| van, train, transit cell in a remand prison 24/05/2019 to 29/05/2019 |
| passive smoking, lack of or insufficient electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to running water, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to toilet |
| 1,000 | |
30/07/2019 | Vladimir Nikolayevich OSTRYAKOV 1984 |
| train, van 15/05/2019 to 16/05/2019
train, van 07/06/2019 to 07/06/2019 | 0.5 m²
0.5 m²
| insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, no or restricted access to potable water
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of inadequate medical treatment in detention;
Art. 3 - inadequate medical treatment in detention - the applicant suffers from HIV and hepatitis, he complains about lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy since 09/09/2013 | 15,000 | |
23/08/2019 | Sergey Gennadyevich TYAPUYEV 1980 |
| van, train 03/07/2019 to 13/07/2019 |
| insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, overcrowding, 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 | |
21/08/2019 | Oleg Sergeyevich BELYAKOV 1973 |
| train, (two trips) 19/05/2019 to 27/05/2019 |
| insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, overcrowding, no or restricted access to toilet, 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 | |
21/08/2019 | Dmitriy Stanislavovich VORONOVSKIY 1987 |
| train (Ukhta - Vorkuta) 13/07/2019 to 13/07/2019 |
| 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 | |
03/09/2019 | Aleksandr Yuryevich MIKHAYLOV 1992 |
| transit cell, van, train 22/03/2019 to 16/04/2019 |
| 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 | |
11/02/2019 | Eduard Pavlovich NIZHURIN 1993 |
| van, numerous occasions of transport in the indicated period between the detention facilities; to take part in the investigative actions; or to attend court hearings 01/07/2016 to 28/11/2019 | 0.2 m²
| lack of fresh air, no or restricted access to toilet, overcrowding, sharing cells with inmates infected with contagious disease
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Naberezhnyye Chelny Town Court from 30/06/2016 till the conviction on 28/11/2019 | 8,500 | |
03/09/2019 | Viktor Semenovich CHERNYKH 1967 |
| van, train 26/04/2019 to 26/04/2019 | 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 | |
30/08/2019 | Nikamagomed Magomedovich KARANAYEV 1968 | Oleg Petrovich Drobyshev St Petersburg | transit cell, van 14/03/2019 to 22/07/2019 | 0.4 m²
| lack of fresh air, no or restricted access to toilet, overcrowding
|
| 1,000 | |
03/09/2019 | Magomed Sharafudinovich ERZIKHANOV 1994 |
| van, train 10/03/2019 to 11/03/2019 |
| lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
05/09/2019 | Dmitriy Vladimirovich SEKATSKIY 1980 |
| train, transit cell, van 10/04/2019 to 17/05/2019 |
| lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food, 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 | |
09/09/2019 | Roman Igorevich LEBEDEV 1978 |
| van, train 17/08/2019 to 19/08/2019 |
| lack of or insufficient electric light, lack of or insufficient natural light, 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 | |
03/09/2019 | Pavel Vladimirovich NOZDRACHEV 1984 |
| van / train / transit cells (IK-5 - IK-18 Mordovia Republic - SIZO-1 Ryazan - PFRSI-5 Rostov-on-Don - IK-4 Stavropol Region) 05/04/2019 to 08/05/2019 |
| overcrowding, insufficient number of sleeping places, insufficient number of seats in prison vans, no or restricted access to toilet, no or restricted access to potable water, lack 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 | |
09/09/2019 | Leonid Yevgenyevich GUSHANSKIY 1973 |
| van, numerous occasions of transport from the detention facilities to take part in investigative actions or court hearings 03/08/2016 to 17/07/2019 |
| overcrowding, no or restricted access to toilet, 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 | |
09/09/2019 | Ilya Vladimirovich MAY 1992
|
| train, van 03/04/2019 to 05/04/2019 | 0.3 m²
| insufficient number of sleeping places, no or restricted access to toilet |
| 1,000 | |
19/02/2020 | Artem Yevgenyevich KORENEV 1989 |
| van, train, several instances of transport from the settlement colony to the prison hospital 13/06/2019 to 03/09/2019 | 0.4 m²
| lack of or insufficient electric light, overcrowding, lack of or poor quality of bedding and bed linen, 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 | |
02/09/2019 | Sergey Sergeyevich GRITSENKO 1982 |
| train 05/08/2019 to 06/08/2019 | 0.3 m²
| overcrowding, insufficient number of sleeping places, inadequate temperature, lack of or poor quality of bedding and bed linen, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
10/09/2019 | Vladimir Anatolyevich SOKOLSKIKH 1978 |
| train 23/02/2019 to 10/03/2019 | 0.6 m²
| lack of or insufficient natural light, lack of or insufficient electric light, no ventilation, passive smoking, insufficient number of sleeping places, convoy checks every 2 hours, lack of or poor quality of bedding and bed linen, no or restricted access to toilet |
| 1,000 | |
09/09/2019 | Roman Vitalyevich REMESHEVSKIY 1983 |
| train 21/08/2019 to 22/08/2019 | 0.5 m²
| overcrowding, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, mouldy or dirty cell, lack of fresh air, passive smoking, 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 | |
05/09/2019 | Dmitriy Vadimovich TONKUSHIN 1986 |
| train, two occasions of transport; on the first and the last dates indicated below 17/03/2019 to 06/06/2019 | 0.3 m²
| lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding
|
| 1,000 | |
09/09/2019 | Khagani Nusrat ogly NOVRUZOV 1981 | Oleg Petrovich Drobyshev St Petersburg | van 11/07/2019 to 15/08/2019 | 0.3 m²
| overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature, mouldy or dirty cell, lack of privacy for toilet, lack of ventilation |
| 1,000 | |
10/09/2019 | Ivan Borisovich PUTINA 1988 |
| train, van, two journeys to and back from the prison hospital 17/08/2019 to 03/09/2019 |
| 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 | |
24/10/2019 | Aleksandr Valeryevich KEVRO 1975 |
| van, train 16/05/2019 to 16/05/2019 | 0.4 m²
| lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, 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 | |
10/09/2019 | Gamzali Shakhpazovich GAZALIYEV 1982 |
| train, van, several trips within the indicated period during the applicant's transport to serve sentence 21/05/2018 to 10/03/2019 |
| insufficient number of sleeping places, lack of fresh air, passive smoking, overcrowding, no or restricted access to toilet |
| 1,000 | |
14/09/2019 | Oleg Gennadyevich RVYANIN 1984 |
| van, transit cells in remand prisons and colonies 21/03/2019 to 09/05/2019 |
| lack of individual sleeping place, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to running 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 | |
16/09/2019 | Rovshan Bakhramovich BAKHSHIYEV 1998 |
| train, van 15/06/2019 to 05/07/2019 | 0.3 m²
| overcrowding, insufficient number of sleeping places, 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 | |
19/08/2019 | Ilya Gennadyevich ISHCHENKO 1996 |
| train 21/10/2019 to 26/04/2020
van 05/09/2020 to 05/10/2021 | 0.1-0.5 m²
| overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, passive smoking, inadequate temperature, applicant transported on numerous occasions, detention in a single-occupancy compartment, lack of or poor quality of bedding and bed linen,
poor quality of food, lack of privacy for toilet, applicant transported on numerous occasions, 10 hours' journeys, transfers between the detention facilities and the courthouses pending criminal proceedings | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
18/09/2019 | Dmitriy Sergeyevich ZAYTSEV 1978 | Marat Farukovich Mazitov Moscow | van, 31/07/2018 to 22/03/2019 | 0.26 m² | overcrowding, passive smoking, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, inadequate temperature; numerous occasions of transport |
| 1,000 | |
11/01/2020 | Artem Mikhaylovich FEDIN 1985 |
| train, transit cell 27/08/2019 to 02/09/2019 | <2 m²
| overcrowding, insufficient number of sleeping places, no or restricted access to warm water, inadequate temperature
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
28/10/2019 | Nikolay Anatolyevich KONOVALOV 1977 |
| transit cell, train 13/05/2019 to 28/05/2019 |
| lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, mouldy or dirty cell
| Art. 3 - inadequate conditions of detention after conviction - detention in IK-26 Sverdlovsk Region from 29/05/2019, pending as of 16/09/2022 overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen | 13,500 | |
03/09/2019 | Vladimir Aleksandrovich PERFILOV 1968 |
| van, train 07/07/2019 to 25/07/2019 |
| inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
09/09/2019 | Vladimir Valentinovich LAZAREV 1975 |
| train 01/03/2019 to 30/04/2019 | 0.3 m²
| overcrowding, insufficient number of sleeping places, passive smoking, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, poor quality of food, no or restricted access to toilet, lack of fresh air, inadequate temperature | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
10/09/2019 | Anton Igorevich BARANNIK 1988 |
| train, van 27/06/2019 to 29/06/2019 |
| 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 of privacy for toilet, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, passive smoking, restricted access to food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
10/09/2019 | Aleksandr Sergeyevich BABKIN 1991 |
| train, numerous occasions of transport between the detention facilities during the indicated period 13/12/2018 to 29/04/2019 |
| applicant transported on numerous occasions, overcrowding, passive smoking, lack of fresh air, insufficient number of sleeping places, lack of toiletries
| 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.