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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> GALEYEV AND OTHERS v. RUSSIA - 41539/18 (Article 3 - Prohibition of torture : Fifth Section Committee) [2024] ECHR 6 (11 January 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/6.html
Cite as: [2024] ECHR 6
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FIFTH SECTION
CASE OF GALEYEV AND OTHERS v. RUSSIA
(Applications nos. 41539/18 and 50 others -
see appended list)
JUDGMENT
STRASBOURG
11 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Galeyev 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 7 December 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, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case-law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' conditions of detention during their transport were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
- 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 Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, Tomov and Others, cited above, §§ 92-156, concerning the lack of an effective remedy to complain about poor conditions of detention during transport; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Andrey Smirnov v. Russia, no. 43149/10, 13 February 2018, Resin v. Russia, no. 9348/14, 18 December 2018, Chaldayev v. Russia, no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020, and Mukhametov and Others v. Russia, nos. 53404/18 and 3 others, 14 December 2021, related to various restrictions on family visits in pre-trial detention facilities; and Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, §§ 17-53, 16 February 2016, concerning domestic courts' refusal to bring detainees to hearings in civil cases).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some applicants under Article 13 of the Convention about the lack of effective domestic remedies to complain about their placement in a metal cage in courtrooms (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
- remaining complaints
14. Mr Tikhomirov (application no. 5682/20) complained under Articles 3 and 13 of the Convention about conditions of his post-conviction detention from 19 July 2017 to 3 September 2019 and the lack of an effective remedy in that respect. He alleged, inter alia, that the personal space allocated to him had been approximately 1.36 square metres, which was below the national standard of 2 square metres.
15. As to the complaint under Article 3 of the Convention, the Court notes that, as matters stand, the material facts complained of by the applicant have ceased to exist. He is no longer detained in the conditions complained of. It also notes that it was open to the applicant to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of his complaints concerning the conditions of detention in breach of the national legislation (see Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others, 17 March 2020).
16. Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), the Court considers it is no longer justified to continue the examination of this part of the application (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the complaint under Article 37 § 1 in fine. Accordingly, this part of the application should be struck out of the list.
17. As regards the complaint under Article 13 of the Convention, the Court has examined it and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention. It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. 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 complaints concerning the inadequate conditions of detention during transport and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible; decides to strike the part of application no. 5682/20 out of its list of cases as regards the complaints about poor conditions of post-conviction detention and declares the remainder of that application inadmissible;
- Holds that these complaints 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 courtrooms;
- 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 11 January 2024, 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/household (in euros)[1] | |
17/08/2018 | Roman Uralovich GALEYEV 1984 |
| train 21/12/2017 to 03/12/2019
train 15/12/2020 to 17/12/2020 |
0.3-0.6 m²
| several occasions of transport during the indicated period by train in similar conditions: no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, 12 inmates were placed in a train compartment during the trip, the trip each time lasted from 17 to 24 hours
overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, the trip lasted 40 hours, 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 | |
22/08/2018 | Vladimir Nikolayevich TRUNILIN 1960 |
| van, transit cell, train 19/07/2018 to 20/07/2018
train, van 09/11/2018 to 27/12/2018
train, transit cell, van 09/10/2019 to 10/10/2019
train, van 17/11/2019 to 17/11/2019
train, van 17/12/2020 to 18/12/2020
train, van 29/01/2021 to 30/01/2021 | 0.3 m²
| passive smoking, overcrowding, no or restricted access to toilet, lack of or insufficient electric light
insufficient number of sleeping places, 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, overcrowding, lack of or insufficient electric light, no or restricted access to running water, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet
lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, overcrowding
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 potable water, no or restricted access to toilet
insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, 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 | |
11/01/2019 | Vadim Nikolayevich VEDENEYEV 1964 |
| train, transit cell, van 28/06/2018 to 25/07/2018 |
| insufficient number of sleeping places, transport in cells not adapted to requirements of disabled inmates, lack of or insufficient natural light, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, passive smoking, impediments to continuous night sleep, no or restricted access to toilet, lack of privacy for toilet, overcrowding |
| 1,000 | |
26/08/2018 | Yelizaveta Sergeyevna SIMONOVA 1997 | Ivan Severovich Sidorov Moscow | van, transit cell 11/04/2018 30/05/2019 | 0.3-0.5 m² | Numerous occasions of transport within the indicated period between the detention facility and the courthouse; overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, passive smoking, lack of or inadequate hygienic facilities | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
21/08/2018 | Roman Yuryevich SVERCHKOV 1982 |
| train, van 03/07/2018 to 07/08/2018 | 0.3 m²
| insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, inadequate temperature, no or restricted access to potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
18/08/2018 | Aleksey Petrovich MARTYNOV 1982 |
| train 25/06/2018 to 31/07/2018 | 0.2 m²
| lack of fresh air, lack of ventilation, passive smoking, no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places |
| 1,000 | |
23/08/2018 | Bobomurod Ruzi ugli SUYUNOV 1993 | Aleksey Gennadyevich Kudryavtsev Kolpino | train 25/04/2018 to 25/05/2018 |
| overcrowding, insufficient number of sleeping places, lack of ventilation, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light |
| 1,000 | |
17/08/2018 | Konstantin Vladimirovich PLAMADYALA 1981 |
| train, transit cell, van 03/07/2018 to 04/07/2018 | 0.3 m²
| lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, overcrowding, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places
|
| 1,000 | |
16/08/2018 | Ilya Nikolayevich KLYUYEV 1987 |
| train 03/02/2016 to 27/07/2018 | 0.3 m²
| transport on 103 occasions, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, passive smoking, no or restricted access to toilet | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - in the Inta Town Court, 03/09/2018-25/01/2019 | 8,500 | |
27/08/2018 | Vitaliy Valeryevich SAFRONOV 1978 |
| train, van 11/07/2018 to 12/07/2018
train, van 31/07/2018 to 31/07/2018
van, train 09/02/2019 to 19/02/2019
train, van 13/07/2019 to 14/07/2019
van 26/07/2019 to 26/07/2019 | 0.3 m²
0.3 m²
0.34 m²
< 1 m²
< 1 m²
| inadequate temperature, lack of fresh air, no or restricted access to toilet, lack of or insufficient electric light
see above
lack of fresh air, no or restricted access to toilet, insufficient number of sleeping places
no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air
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 | |
07/09/2018 | Pavel Sergeyevich CHERKASOV 1984 |
| transit cell, train 11/03/2018 to 26/04/2018 | 0.8 m²
| bunk beds, passive smoking, lack of privacy for toilet, lack of fresh air
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - hearings in a civil case on 30/09/2020, 15/10/2020 in the Ivdel Town Court of the Sverdlovsk Region and on 26/04/2021, 13/05/2021 in the Chernovskiy District Court of Chita through a video link from IK-6 Khabarovsk Region being confined in a metal cage;
Art. 6 (1) - absence of detainees from civil proceedings - the applicant was not present at the court hearings of his case concerning allegedly unlawful handcuffing; his appeals to ensure his presence at the hearings were dismissed with reference to the applicant's status as a detainee | 9,000 | |
30/08/2018 | Rafik Arturovich PETROSYAN 1986 |
| transit cell, train, van 05/06/2018 to 13/07/2018 | 0.4 m²
| passive smoking, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding, insufficient number of sleeping places |
| 1,000 | |
31/08/2018 | Aleksandr Nikolayevich STULOV 1995 |
| van 26/09/2014 to 10/05/2018 | 0.3-0.5 m²
| overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of fresh air, no or restricted access to toilet, lack or insufficient quantity of food |
| 1,000 | |
22/08/2018 | Aleksandr Vladimirovich POVARKOV 1991 |
| van 01/12/2017 to 27/04/2018 | 0.3 m²
| inadequate temperature, lack of fresh air, no or restricted access to toilet, passive smoking |
| 1,000 | |
28/08/2018 | Aleksandr Aleksandrovich KOZLOV 1968 |
| train, van 29/06/2018 to 29/06/2018 | 0.3 m²
| overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, 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 | |
12/09/2018 | Stepan Igorevich NIKONOV 1993 |
| transport by train and detention in transit facilities 17/07/2018 to 30/07/2018 |
| insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, 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 | |
12/09/2018 | Vadim Rishatovich DILABIROV 1984 |
| van, numerous occasions of transport 19/07/2017 to 01/06/2018 | 0.25 m²
| overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety equipment inside the vans, 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 | |
23/09/2018 | Dmitriy Aleksandrovich YALOVIK 1969 | Olga Viktorovna Golub Suzemka | van, in "metal glass", transit cell 18/06/2018 to 18/06/2018 | 0.3 m²
| lack or insufficient quantity of food, no or restricted access to potable water, inadequate temperature, lack of fresh air, passive smoking, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light |
| 1,000 | |
25/09/2018 | Ilyas Misir ogly NAGIYEV 1984 |
| train, (two trips) 03/08/2018 to 19/08/2018 |
| overcrowding, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of fresh air | Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance of the applicant in IK-25, Komi Republic, since 12/2018 and on-going as of 16/09/2022. It includes, in particular: detention in different cells with video surveillance; opposite-sex operators; video surveillance in shower rooms; video surveillance during medical examinations;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities | 1,000 | |
23/01/2019 | Mikhail Sergeyevich VIKULOV 1988 |
| train 24/04/2018 to 19/08/2018 |
| overcrowding, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of privacy for toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
20/08/2018 | Emil Elchin ogly GUSEYNOV 1989 |
| train 15/08/2018 to 28/08/2018
van 05/12/2018 to 19/12/2018
van 08/04/2019 to 24/04/2019 |
0.35 m²
0.35 m²
| inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, no or restricted access to toilet, overcrowding, passive smoking
overcrowding, lack of fresh air
overcrowding, lack of safety equipment, 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 | |
11/09/2018 | Aleksandr Fedorovich BURIK 1976 |
| train, van 26/05/2018 to 27/05/2018
train, van 11/09/2018 to 12/09/2018 | 0.4 m²
| overcrowding, no or restricted access to toilet, lack of privacy for toilet, passive smoking, lack of or insufficient electric light
insufficient number of sleeping places, no or restricted access to toilet, overcrowding |
| 1,000 | |
04/10/2018 | Household: Artur Raulevich SALIMOV 1986 Suleyman Arturovich SALIMOV 2012 Ismail Arturovich SALIMOV 2014 Alsu Danilovna AGALYAMOVA 1989 Gulnara Naisovna SALIMOVA 1966 |
| Transport of the first applicant: van, numerous occasions of transport between the detention facility and to take part in investigative actions or to the courthouse 30/05/2017 to 30/07/2018 | 0.3 m²
| overcrowding, lack of fresh air, inadequate temperature, lack of safety equipment, lack of or insufficient electric light
| Art. 13 - lack of any effective remedy in domestic law in respect of refusals of family visits in pre-trial detention and in respect of the inadequate conditions of detention during transport (for the first applicant);
Art. 8 (1) - restrictions on family visits in pre-trial facilities - all applicants complain about the refusals of long-term family visits in SIZO-3, Sterlitamak, where the first applicant was detained between 04/02/2015 and 22/10/2020 | 5,000 | |
05/10/2018 | Said Dzhandarovich DZHANALIYEV 1983 |
| van 24/04/2018 to 24/04/2018
| 0.26 m²
| lack of fresh air, inadequate temperature, poor quality of food
|
| 1,000 | |
21/10/2018 | Mubariz Orudzh Ogly MAMEDOV 1972 |
| van, numerous occasions of transport between the detention facility and the courthouse 15/04/2015 to 04/09/2018 | 0.2 m²
| overcrowding, lack of fresh air |
| 1,000 | |
28/09/2018 | Renat Bisenbayevich SAKAUOV 1985 |
| train, van 27/08/2018 to 17/09/2018
transit cell 25/03/2019 to 10/04/2019 |
0.4-2.1 m²
| detention in transit facilities; overcrowding; restricted access to toilet; passive smoking; lack of a sleeping place
lack of ventilation, mouldy or dirty cell, inadequate temperature, passive smoking, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of fresh air, overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, 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 | |
01/10/2018 | Andrey Aleksandrovich SMIRNOV 1984 |
| train, van 04/12/2017 to 25/04/2018 |
| overcrowding, insufficient number of sleeping places, lack or inadequate furniture, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of or inadequate hygienic facilities, frequent strip-searches, 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 | |
09/10/2018 | Ramil Salikhovich ADILOV 1983 |
| train 26/03/2019 to 27/03/2019 |
| overcrowding, insufficient number of sleeping places, lack of fresh air
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
01/10/2018 | Aleksandr Aleksandrovich YEGOROV 1991 |
| train, van 25/06/2018 to 27/06/2018
train, van 27/07/2018 to 29/07/2018
train, van 09/11/2019 to 11/11/2019 | 0.2 m²
0.2 m²
0.2 m²
| overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, poor quality of food
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to running water, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, poor quality of food
lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, 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;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-31 Komi Republic since 11/09/2020, pending as of 16/09/2022, video surveillance by opposite-sex operators | 1,000 | |
01/10/2018 | Valeriy Valeryevich AKIMOV 1987 |
| train, transit cell 02/05/2018 to 02/06/2018 | 0.5 m²
| no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, insufficient number of sleeping places, poor quality of food, passive smoking, overcrowding, lack of fresh air
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in IK-6 Krasnoyarsk Region where he was detained between 02/05 and 10/05/2018, and between 26/05 and 01/06/2018 (video surveillance in a lavatory and/or shower room, opposite-sex operators);
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - in the Sverdlovskiy District Court of Krasnoyarsk on 09/07/2021 | 8,500 | |
09/10/2018 | Aleksandr Albertovich SELEZNEV 1958 |
| train, van 05/06/2018 to 05/06/2018
train, van 07/06/2019 to 08/06/2019 |
| overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, lack of or insufficient electric light, 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, lack of or poor quality of bedding and bed linen, passive smoking, 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 | |
15/10/2018 | Irek Ilfirovich NASIROV 1985 |
| van, transport of the applicant on numerous occasions between the detention facility and the courthouse or to investigators 19/04/2018 to 24/08/2018 | 0.2 m²
| overcrowding, passive smoking, lack of or insufficient electric light, no belts or handles, lack of fresh air, no or restricted access to potable water, inadequate temperature, no or restricted access to toilet
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate condition during transport and refusal of family visits during detention;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a cage in the court hearings before the Privolzhskiy Circuit Military Court, and the Military Court of the Samara Garrison, trial judgment of 13/03/2019;
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - impossibility to see and have physical contact with the applicant's wife and relatives | 9,750 | |
17/10/2018 | Tarlan Firudinovich EYLER 1969 |
| transit cell, van, transport on numerous occasions to the courthouse from the detention facility in the period 15/12/2017 to 25/06/2018 |
| lack of fresh air, inadequate temperature, lack of security measures
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - from 15/12/2017 to 25/06/2018 in the Smolninskiy District Court of St Petersburg. | 8,500 | |
21/09/2018 | Nikolay Nikolayevich YEPANOV 1984 |
| van, train 09/04/2018 to 11/04/2018
van, train 23/08/2018 to 25/08/2018 | 0.67 m²
0.5 m²
| overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet
lack of fresh air, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
16/01/2019 | Anatoliy Vladimirovich BOBKIN 1981 |
| van, train 03/09/2018 to 04/09/2018
van, train 01/10/2018 to 01/10/2018 | 0.3-0.5 m²
0.4-0.5 m²
| overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet
overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for 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 | |
24/10/2018 | Household: Khalil Fanaviyevich MUSTAFIN 1984 Gulyusa Mauziyevna MUSTAFINA 1950 Fanavi Fatkhebrarovich MUSTAFIN 1948 Sumayya Khalilovna MUSTAFINA 2015
|
| Transport of the first applicant by van, numerous occasions of transport 30/05/2017 to 30/07/2018 |
| lack of fresh air, inadequate temperature, 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 in respect of the first applicant;
Art. 8 (1) - restrictions on family visits in pre-trial facilities - the applicants are the detainee and his family members - mother, father, child. Relevant period - from 20/02/2015 to 21/09/2020 (the date of transfer to the correctional facility); they complain that they had been denied family visits while the first applicant was in pre-trial detention during the above indicated period. On 20/02/2015 the first applicant was placed in pre-trial detention. On 30/07/2018 the Privolzhskiy District Military Court convicted him, upheld on appeal - 21/09/2020, by the Supreme Court. | 5,000 | |
05/11/2018 | Irek Rishatovich TAGIROV 1989 |
| van, transit cell, numerous occasions of transport between the detention facility and the courthouse 31/05/2017 to 30/07/2018 | 0.1-1 m²
| lack of fresh air, mouldy or dirty cell, lack of or insufficient electric light, lack of or insufficient natural 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 | |
23/10/2018 | Radmir Yusifovich MAKSUTOV 1984 |
| van, transit cell, (133 trips), between the detention facility and the courthouse 31/05/2017 to 30/07/2018 |
| lack of or inadequate hygienic facilities, overcrowding, mouldy or dirty cell, passive smoking
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
23/10/2018 | Bobur Urinboy ugli KHUDAYBERGANOV 1995 |
| train 03/08/2018 to 12/09/2018 |
| overcrowding, no or restricted access to toilet
|
| 1,000 | |
23/10/2018 | Rustem Ravilevich GALLYAMOV 1981 |
| transit cell, van 30/05/2017 to 30/07/2018
train, van 29/10/2020 to 21/11/2020 | 0.3 m²
0,3 m²
| overcrowding, lack of fresh air
insufficient number of sleeping places, passive smoking, no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to potable water, no or restricted access to warm 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 | |
01/11/2018 | Ilya Sergeyevich SIDORUK 1983 | Inna Viktorovna Koltman Moscow | transport on numerous occasions from the detention facilities to take part in investigative actions or to court hearings 31/05/2015 to 29/05/2018 |
| up to 14 hours per day in the van; lack of fresh air; restricted access to toilet; insufficient quantity of food; inadequate temperature
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
01/11/2018 | Radik Nailevich KHAMIDULLIN 1985 |
| van 12/10/2013 to 24/08/2018 | 0.25 m²
| lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, overcrowding, numerous occasions of transport, between the detention facilities; or to take part in court hearings | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
29/10/2018 | Aleksandr Vladimirovich MOKHNATKIN 1975 |
| train, van 09/06/2018 to 10/06/2018
train, van 17/11/2018 to 17/11/2018 | 0.3 m²
| lack of or insufficient electric light, insufficient number of sleeping places, no or restricted access to toilet, overcrowding
see above
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
05/03/2019 | Ruslan Lenurovich NIKITENKO 1997 |
| van, numerous occasions of transport between the detention facilities and the courthouse 09/11/2017 to 16/11/2018 |
| overcrowding, lack of fresh air, no or restricted access to toilet
|
| 1,000 | |
05/07/2019 | Aleksandr Sergeyevich ANISHCHENKO 1987 |
| train 20/02/2019 to 21/02/2019 |
| lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, poor quality of potable water, poor quality of food, 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 | |
11/12/2018 | Rizvan Abdurashidovich SHAKHMARDANOV 1985 |
| train, transit cell, van 14/09/2018 to 28/09/2018 | 0.4-0.7 m²
| overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, lack of safety equipment, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower |
| 1,000 | |
22/10/2018 | Vladimir Gennadyevich ANDREYEV 1967 |
| train (Syktyvkar - Ukhta) roundtrip 17/05/2018 to 27/06/2018
train (Syktyvkar - Ukhta) roundtrip 15/06/2019 to 07/07/2019
train, van 05/10/2020 to 11/02/2021 | 0.5 m²
| insufficient number of sleeping places, no or restricted access to toilet
insufficient number of sleeping places, no or restricted access to toilet
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, passive smoking
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
03/11/2018 | Zemfir Dilshatovich YUNUSOV 1986 |
| transit cell, train 29/06/2018 to 27/08/2018 | 0.2 m²
| overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, 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 | |
27/02/2019 | Stanislav Eduardovich KRACHKOVSKIY 1985 |
| train, several occasions of transport 03/08/2018 to 22/08/2019 |
| no or restricted access to toilet, overcrowding, insufficient number of sleeping places, no or restricted access to running water, lack of or insufficient electric light, lack of or insufficient natural light |
| 1,000 | |
07/11/2018 | Sergey Viktorovich TKACHEV 1961 |
| train 17/10/2018 to 19/10/2018 |
| lack of fresh air, insufficient number of sleeping places, overcrowding, poor quality of potable water |
| 1,000 | |
10/01/2020 | Andrey Mikhaylovich TIKHOMIROV 1988 | Zaynullin Vladimir Faukatovich Tyubuk | van 03/09/2019 to 10/09/2019 | 0.2 m²
| overcrowding, detention in a single-occupancy compartment, inadequate temperature, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, transport during the night-time | 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.