Published on 26 June 2023
FIRST SECTION
Application no. 50219/18
Oleg Gennadyevich ANTONOV against Russia
and 16 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 3 of the Convention relating to inadequate conditions of detention during transport which are the subject of well-established case law of the Court (see Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Means of transport
Start and end date
Sq. m per inmate
Specific grievances
Other complaints under well-established case-law
50219/18*
05/10/2018
Oleg Gennadyevich ANTONOV
1971
Marat Farukovich Mazitov
Moscow
van, numerous occasions of transport from the detention facility to the courthouse
09/04/2018 to
07/09/2018
0.2 m²
passive smoking, lack of security measures
54591/18*
05/11/2018
Andrey Romanovich GORYNIN
1995
train
19/08/2018 to
27/08/2018
0.2-1.2 m²
overcrowding, no or restricted access to toilet, single occupancy cell in a van, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
12186/19*
30/01/2019
Aleksandr Mikhaylovich SULIM
1957
transit cell, van
04/06/2017 to
04/10/2018
0,7 m²
overcrowding in transit cells in the remand prison, lengthy transfers by van (up to 7 hours) with no access to toilet, lack of or insufficient quantity of food, passive smoking
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Lugi Town Court of the Leningrad Region, 02/06/2017 - 04/10/2018
17760/19*
21/03/2019
Yuriy Sergeyevich ZELENSKIY
1983
van, train
03/11/2018 to
05/11/2018
holding cell at the courthouse
01/06/2020 to
13/11/2020
van, train
03/12/2020 to
05/12/2020
0.28 m²
0.5 m²
0.2 m²
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no necessary medications provided
lack of or insufficient natural light, passive smoking, no or restricted access to potable water, no food served, the applicant spent from 4 to 7 hours at the courthouse, overcrowding
overcrowding, lack of or poor quality of bedding and bed linen, poor quality of food, 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, passive smoking, inadequate temperature
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vorkuta Town Court of the Komi Republic, 01/06/2020 - 13/11/2020
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings
26618/19*
20/04/2019
Yevgeniy Olegovich KOKOREV
1978
transit cell, van
25/01/2018 to
30/01/2020
0.2-0.3 m²
no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
29030/19*
24/05/2019
Anton Dmitriyevich PRONIN
1988
Aleksey Mikhaylovich Urlashov
St Petersburg
van
15/12/2017 to
24/01/2019
0.3 m²
lack of fresh air, no or restricted access to toilet, overcrowding
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage in SIZO-1 St Petersburg while participating in the hearings by means of video conference in the St Petersburg City Court in a number of hearings, with the most recent on 12/03/2019; it appears that the proceedings were still pending on the date when the application was lodged with the Court
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings
Art. 6 (3) (c) - own choice of legal assistance - Confession statement was signed by the applicant at the pre-trial stage; he was not provided with a lawyer at the time. Although the applicant has subsequently raised a motion to withdraw his confessions and claimed that he was put under pressure to sign it, the statement has served as evidence for the trial. Final decision: St Petersburg City Court, 12/03/2019. (Salduz v. Turkey, [GC], no. 36391/02, 27 November 2008, §§ 50-55)
34305/19*
08/04/2019
Oleg Anatolyevich BORISOV
1968
transit cell, train, van
06/12/2018 to
25/12/2018
0.4 m²
lack of fresh air, inadequate temperature, no ventilation, overcrowding, lack of safety belts in a van, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport - and in respect of permanent video surveillance in detention facilities
Art. 8 (1) – permanent video surveillance in detention facilities - IK-25 Komi Republic, 22/07/2019 - pending, detention in different cells with video surveillance, opposite-sex operators, video surveillance in a lavatory and/or shower room
50882/19*
19/09/2019
German Lyubomirovich KHRISTAN
1986
Oleg Petrovich Drobyshev
St Petersburg
van
12/02/2019 to
29/05/2019
0.4 m²
applicant transported on numerous occasions, overcrowding
54016/19*
30/09/2019
Aslanbek Alviyevich DAGAYEV
1982
Sergey Viktorovich Konnov
Krasnodar
transit cell
22/03/2019 to
16/04/2019
0.3 m²
lack of fresh air, lack of or inadequate hygienic facilities, 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
55812/19
12/10/2019
Andrey Vladimirovich TYAGANOV
1968
Maksim Aleksandrovich Markin
St Petersburg
train, van
17/04/2019 to
30/04/2019
no or restricted access to toilet, lack of or poor quality of bedding and bed linen, overcrowding, passive smoking, lack of fresh air, poor quality of food
59293/19*
01/11/2019
Aleksandr Sergeyevich KOVALCHUK
1984
van
02/10/2019 to
02/10/2019
van
28/02/2020 to
28/02/2020
0.2-0.5 m²
0.3 m²
insufficient number of sitting places, passive smoking, lack of fresh air, no safety belts or handles, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food
overcrowding, lack of fresh air, passive smoking, 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
1552/20*
28/12/2019
Mikhail Nikolayevich BELYAYEV
1968
Tatyana Borisovna Okushko
Moscow
van, train
24/05/2019 to
19/07/2019
insufficient number of sleeping places, lack of fresh air, 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
6992/20*
16/01/2020
Boris Valeryevich ZHURAVLEV
1965
van
02/04/2015 to
17/07/2019
0.25 m²
applicant transported on numerous occasions, overcrowding, lack of fresh air, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
24860/20*
18/05/2020
Alim Aniuarovich TKHAGUZHOKOV
1978
train
13/03/2020 to
14/03/2020
overcrowding, 9 inmates per train compartment, insufficient number of sleeping places
Art. 6 (3) (b) - adequate time/facilities for preparation of defence - The applicant was deprived of an opportunity to study the case file and to prepare for the hearing (the appeal court indicated that it could be done by the applicant’s representative). The applicant was in detention and could not afford hiring counsel. He provided the Court with evidence that he had had less than RUB 1 in his account
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
40988/20*
14/08/2020
Andrey Yuryevich OVSYANNIKOV
1985
van, numerous occasions of transport between the detention facilities and the courthouse
03/04/2019 to
25/12/2019
0,25 m²
inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding, no or restricted access to toilet, transfers lasted over 3 hours
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kalininskiy and Kolpinskiy District Courts of St Petersburg, 03/04/2019 - 25/12/2019
8417/21*
22/12/2020
Sergey Nikolayevich IVANCHENKO
1976
van
25/01/2017 to
28/10/2020
0,25 m²
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
32356/22
14/02/2022
Roman Aleksandrovich KASHURIN
1988
train, van
20/04/2022 to
28/04/2022
train, van
03/05/2022 to
04/05/2022
train, van
10/05/2022 to
12/05/2022
0.2-0.3 m²
0.2 m²
0.2 m²
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of or insufficient quantity of food, passive smoking, lack of or poor quality of bedding and bed linen
lack of fresh air, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to warm water, lack of or insufficient quantity of food, no or restricted access to toilet, overcrowding
lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water, overcrowding, insufficient number of sleeping places
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in a transit cell in Krasnoyarsk between 20/04/2022 and 26/04/2022
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
Art. 6 (1) - absence of detainees from civil proceedings - compensation of non-pecuniary damage for inadequate medical aid in detention, 16/09/2020, Leninskiy District Court of Vladivostok, 21/01/2021, Primorye Regional Court, 17/12/2021, Supreme Court of Russia