FIRST SECTION
CASE OF FAZIYEV AND OTHERS v. RUSSIA
(Applications nos. 25056/14 and 49 others – see appended list)
JUDGMENT
STRASBOURG
26 October 2023
This judgment is final but it may be subject to editorial revision.
In the case of Faziyev 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 5 October 2023,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
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 LAWJOINDER 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 Tomov and Others, cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaint about conditions of detention during 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, Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees; Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012, related to inadequate conditions of detention).
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 in respect of the alleged lack of remedies to complain about their placement in a metal cage in the courtrooms or about poor conditions of detention in pre-trial detention facilities (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
15. 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 there has been 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 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 or poor conditions of detention in pre-trial detention facilities;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 26 October 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)
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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
25056/14
26/02/2014
Dmitriy Gennadyevich FAZIYEV
1984
train (Novosibirsk - Kharp)
27/08/2013 to
17/09/2013
1.1 m²
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
52705/17
06/02/2018
Aleksandr Viktorovich KVITKO
1959
van, numerous instances of transport from the detention facility to the courthouse
14/06/2017 to
14/08/2017
0.26-0.75 m²
applicant transported on numerous occasions, lack of or insufficient electric light, lack of seat belts and handles, lack of fresh air, inadequate temperature, passive smoking, overcrowding, no or restricted access to potable water, no or restricted access to toilet, accommodation with inmates under stricter regime
1,000
70220/17
04/09/2017
Maksim Fedorovich STARCHENKO
1985
van, train
02/08/2020 to
03/08/2020
van, train
07/02/2021 to
08/02/2021
van, train
16/02/2021 to
17/02/2021
0.3 m²
0.3 m²
0.3 m²
applicant transported on numerous occasions, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack or insufficient quantity of food, overcrowding
inadequate temperature, overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, transport from a colony to a prison hospital
inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, overcrowding, transport from a prison hospital back to the colony.
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in a metal cage in the Vorkuta Town Court from 29/08/2016 to 19/05/2017
8,500
72663/17
09/10/2017
Samir Adil Ogly ISRAFILOV
1985
Roza Saidovna Magomedova
Moscow
van
27/04/2017 to
03/06/2017
0.2 m²
lack of fresh air, no food, restricted access to potable water, no or restricted access to toilet, insufficient light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
73800/17
14/09/2017
Gennadiy Yevgenyevich SOBOLEV
1985
Yevgeniy Sergeyevich Yezhov
Velikiy Novgorod
van, convoy cells in courthouses
02/08/2016 to
11/07/2017
overcrowding, cramped individual compartments in prison vans
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
78403/17
21/05/2018
Nikolay Petrovich KRIVOLAPOV
1968
Artem Leonidovich Osipov
Moscow
van
06/06/2017 to
22/11/2017
0.7 m²
no or restricted access to toilet, passive smoking, lack of food, lack of fresh air
1,000
5711/18
16/01/2018
Andrey Mikhaylovich VOZHOV
1979
Marina Aleksandrovna Belinskaya
St Petersburg
van
17/12/2016 to
26/12/2018
0.4 m²
overcrowding; numerous occasions of transport
Art. 3 - inadequate conditions of detention – IZ‑47/3,
IZ-47/4, IZ-47/5 St Petersburg Region; from 17/12/2016 to 31/10/2018; 3.5 sq. m. of personal space; lack of privacy for toilet, poor quality of food, lack of toiletries, lack of requisite medical assistance, infestation of cell with insects/rodents
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
10,200
11376/18
30/01/2018
Andrey Antonovich BOBROV
1995
van
19/12/2017 to
19/01/2018
transit cell,
van, train
25/02/2019 to
18/04/2019
0.4 m²
0.3 m²
overcrowding, lack of fresh air, inadequate temperature
overcrowding, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, lack of fresh air, insufficient number of sleeping places, lack of a sitting place, lack or insufficient quantity of food, passive smoking, lack of or poor quality of bedding and bed linen
1,000
16113/18
12/03/2018
Aleksandr Nikolayevich SHALAMOV
1976
Aleksandr Vladimirovich Vinogradov
Kostroma
train, transit cell
19/10/2017 to
25/01/2018
0.3 m²
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
18544/18
17/10/2018
Dmitriy Sergeyevich NARTOV
1990
train
01/10/2018 to
02/10/2018
0.6 m²
no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to running water, passive smoking, 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
18943/18
27/03/2018
Maksim Olegovich SIDORENKOV
1983
train
04/11/2017 to
05/11/2017
0.3 m²
overcrowding, insufficient number of sleeping places
1,000
21051/18
22/07/2018
Mikhail Sergeyevich MATSAPEY
1995
train
28/07/2018 to
15/08/2018
0.4 m²
overcrowding, lack of or poor quality of bedding and bed linen, bunk beds, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light
1,000
24226/18
23/04/2018
Igor Yevgenyevich PUKHACHEV
1980
train, transit cell, van
15/09/2019 to
25/09/2019
train, van
19/05/2021 to
20/05/2021
0.4 m²
overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, lack of fresh air
bunk beds, applicant transported on numerous occasions, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
24779/18
17/10/2018
Aleksandr Leonidovich AVDEYEV
1978
van, (12 trips)
11/01/2018 to
27/08/2018
0.2 m²
overcrowding
1,000
25027/18
03/05/2018
Denis Vladimirovich KIRILLOV
1992
train
27/12/2017 to
21/01/2018
0.34 m²
overcrowding, lack of fresh air, no or restricted access to toilet
1,000
25030/18
03/05/2018
Aleksandr Olegovich LASTOCHKIN
1995
van, transit cell
23/06/2017 to
18/04/2018
train, van, transport from the pre-trial detention facility in St Petersburg to serve sentence in a correctional colony in the Yamalo-Nenetsk Autonomous Region, transit cell
26/09/2018 to
11/10/2018
0.3 m²
numerous occasions of transport from the detention facility to the courthouse or to take part in investigative actions, overcrowding, no or restricted access to toilet, passive smoking, no or restricted access to potable water, poor quality of food
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, passive smoking, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
25189/18
17/05/2018
Stanislav Vyacheslavovich KARMANOV
1986
van, train
26/11/2017 to
27/11/2017
van, train
01/02/2018 to
02/02/2018
van, train
15/04/2018 to
15/04/2018
train, transit cell, van
17/05/2018 to
21/06/2018
van
03/02/2019 to
04/02/2019
train
03/02/2019 to
04/02/2019
van, 8-hour long journey
06/03/2019 to
06/03/2019
0.3 m²
0.3 m²
0.3 m²
0.3 m²
0.38 m²
0.37 m²
0.7 m²
overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, lack of fresh air
overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light
see above
overcrowding, inadequate temperature, no handrails
overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no handrails
no or restricted access to toilet, lack of fresh air, 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
27914/18
26/05/2018
Sergey Olegovich YERYSHKANOV
1984
transit cell
13/02/2018 to
14/02/2018
van, transit cell
19/02/2018 to
26/02/2018
0.25 m²
0.3 m²
no food, no or restricted access to toilet, no sleeping place
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
29867/18
11/08/2018
Sergey Viktorovich POCHKUNOV
1964
train, van
18/02/2018 to
05/03/2018
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of privacy for toilet, 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
30543/18
30/05/2018
Vyacheslav Vyacheslavovich KONONENKO
1984
van, holding cell at the prison hospital
25/05/2018 to
25/05/2018
0.3 m²
overcrowding, lack of fresh air, no or restricted access to toilet
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - Between 24/10/2019 and 30/06/2021 the applicant served his sentence in IK-3, Orel Region. He complained about the video surveillance over his sleeping place and a toilet done by opposite-sex operators
1,000
30559/18
10/06/2018
Andrey Vladimirovich TSYGANKOV
1974
transit cell, van
13/12/2017 to
04/05/2018
0.9 m²
overcrowding, constant electric light
1,000
31738/18
26/06/2018
Sergey Nikolayevich FREYER
1973
Ivan Severovich Sidorov
Moscow
van, holding cell at the remand prison
27/06/2013 to
01/03/2018
0.3-0.33 m²
inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, passive smoking, lack of fresh air, overcrowding, 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
33419/18
13/06/2018
Oleg Anatolyevich SLYUSARENKO
1987
train
22/01/2018 to
23/01/2018
0.3 m²
lack of fresh air, no or restricted access to toilet, overcrowding, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
33664/18
16/06/2018
Sergey Vladimirovich NOVIKOV
1985
Ernest Aleksandrovich Mezak
Saint-Barthélemy d’Anjou
van
22/12/2017 to
26/03/2018
0.2 m²
inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, overcrowding, 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
33966/18
22/06/2018
Ivan Valentinovich MIKHEYEV
1973
van, train
15/01/2018 to
16/01/2018
train, van
07/02/2018 to
07/02/2018
0.3 (van), 0.2 (train) m²
0.2 m²
no individual place, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking, no possibility to sit during the transfer by van
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
34436/18
10/07/2018
Roman Nailevich AKHMEROV
1989
Ivan Severovich Sidorov
Moscow
transit cell, van, transport on numerous occasions between the detention facility and the courthouse
16/09/2017 to
20/06/2018
0.3 m²
lack of fresh air, no or restricted access to toilet, poor quality of potable water, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
34542/18
10/07/2018
Aleksandr Yuryevich BARYSHNIKOV
2018
Ivan Severovich Sidorov
Moscow
van
19/10/2015 to
17/04/2018
0.3 m²
overcrowding, lack of fresh air, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to potable water, 5 to 10 hours’ transfers
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
34637/18
20/06/2018
Igor Nikolayevich KASYANENKO
1987
train
03/06/2016 to
23/02/2018
lack of fresh air, poor quality of food, no or restricted access to potable water, insufficient number of sleeping places
1,000
34639/18
15/06/2018
Vitaliy Igorevich NIKOTIN
1983
train
21/02/2018 to
21/02/2018
0.2 m²
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
35092/18
29/06/2018
Tikhon Fedorovich MATROSOV
1985
train
27/05/2018 to
21/06/2018
0.4 m²
insufficient number of sleeping places, 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 natural light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
35120/18
10/07/2018
Maksim Sergeyevich SEMENOV
1991
train
27/06/2018 to
27/06/2018
train
05/10/2019 to
07/10/2019
0.5 m²
0.39 m²
lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, overcrowding
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
35377/18
13/07/2018
Nikita Vladimirovich DEMIN
1984
Aleksandr Grigoryevich Berezin
Perm
van, numerous occasions of transport from the remand prison to the courthouse and back
22/11/2016 to
15/01/2018
0.4 m²
overcrowding, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
36025/18
14/07/2018
Shamkhan Khuseynovich ABUYEV
1988
Innara Zhorayevna Bagdasaryan
Moscow
van, transit cell
15/01/2018 to
15/01/2018
0.2 m²
overcrowding, lack of individual place in a van, lack of fresh air, inadequate temperature, mouldy or dirty cell, poor quality of potable water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light, 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
37074/18
23/07/2018
Andrey Viktorovich KARPOV
1976
Maksim Aleksandrovich Markin
St Petersburg
van (IZ-47/4 St Petersburg - St Petersburg City Court –
8 roundtrips), convoy cells (St Petersburg City Court and IZ-47/4
St Petersburg)
19/04/2018 to
30/08/2018
0.36 m²
1 - 1.25 m²
inadequate temperature,
overcrowding, 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
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37127/18
12/07/2018
Yevgeniy Yuryevich NOVIKOV
1990
train, van
01/03/2018 to
01/03/2018
0.3-0.4 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
37530/18
27/07/2018
Aleksandr Vasilyevich UTYUZHNIKOV
1982
Andrey Anatolyevich Malinin
Pechora
train, van
11/07/2018 to
12/07/2018
0.3 m²
lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, 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
38475/18
01/08/2018
Dmitriy Aleksandrovich LOGINOV
1990
van, train
16/02/2018 to
18/02/2018
van, train
05/03/2018 to
07/03/2018
train, van
03/04/2019 to
04/04/2019
0.3 m²
overcrowding, inadequate temperature, 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 or inadequate furniture, no or restricted access to toilet, poor quality of food
inadequate temperature, overcrowding, insufficient number of sleeping places, lack of ventilation, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to potable water, passive smoking, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
38909/18
31/07/2018
Nikita Vladimirovich USOV
1985
train
01/03/2018 to
05/03/2018
train
21/03/2018 to
25/03/2018
train
23/04/2018 to
23/04/2018
train, transit cell
03/09/2018 to
24/10/2018
train
07/11/2021 to
26/12/2021
0.3 m²
0.3 m²
0.3 m²
0.3 m²
lack of fresh air, poor quality 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
see above
see above
see above
see above
1,000
39141/18
05/10/2018
Dmitriy Viktorovich KUZMIN
1979
train
03/07/2018 to
04/07/2018
train
13/01/2019 to
20/01/2019
van, transit cell, train
30/03/2019 to
05/05/2019
0.35 m²
overcrowding, insufficient number of sleeping places, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to toilet, lack of fresh air, inadequate temperature
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to potable water
lack of or insufficient electric light, lack of fresh air, overcrowding, numerous occasions of transport, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to running water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to shower, mouldy or dirty cell
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
39885/18
09/08/2018
Danil Alekseyevich POPOV
1994
train
28/02/2018 to
30/07/2018
multiple instances of transport between detention facilities, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, passive smoking, inadequate temperature
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage in the hearings before the Pechora Town Court, latest court hearing on 05/12/2018
8,500
40000/18
17/07/2018
Oleg Vyacheslavovich SHUTIKOV
1980
train
13/05/2018 to
15/05/2018
train
27/05/2021 to
27/05/2021
train
20/11/2021 to
22/11/2021
train
15/02/2022 to
17/02/2022
0.6 m²
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, constant electric light
insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, overcrowding
lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, overcrowding, passive smoking, no or restricted access to toilet
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of or insufficient natural light, 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
40379/18
23/07/2018
Vyacheslav Sergeyevich PANASENKOV
1980
train, van
09/04/2018 to
09/04/2018
train, van
06/12/2018 to
16/12/2018
0.3 m²
0.32 m²
overcrowding
overcrowding, inadequate temperature, lack of fresh air, 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
40387/18
15/08/2018
Sergey Viktorovich DIDYCHENKO
1996
transit cell, van
31/07/2018 to
31/07/2018
train, van, transit cell
15/10/2018 to
16/10/2018
van
19/11/2018 to
01/03/2019
van
28/03/2019 to
28/03/2019
0.16 m²
0.16 m²
0.22-0.25 m²
overcrowding
lack of fresh air, no or restricted access to toilet, overcrowding, no or restricted access to potable water
overcrowding, transport in a single-prisoner cubicles
overcrowding
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 since 10/06/2016 (most recent known occasion in 2019) in the court hearings before the Ezhvinskiy District Court of Syktyvkar, Komi Republic
8,500
40404/18
29/07/2018
Sergey Viktorovich GUSEV
1989
Andrey Pavlovich Konakov
St Petersburg
van
06/04/2017 to
21/06/2018
0.4-0.5 m²
inadequate temperature, lack of ventilation, no or restricted access to toilet, cuffs
1,000
40944/18
08/08/2018
Andrey Georgiyevich LISIMENKO
1976
train (Syktyvkar -Ukhta roundtrip)
09/06/2018 to
06/07/2018
0.5 m²
overcrowding, no or restricted access to toilet
1,000
41073/18
02/08/2018
Igor Viktorovich MAKSIMOV
1971
Ashot Aleksandrovich Andreyev
Syktyvkar
train (Vologda - Ukhta)
02/02/2018 to
04/02/2018
train (Ukhta - Syktyvkar)
07/02/2018 to
07/02/2018
train (Syktyvkar-Ukhta)
09/04/2018 to
10/04/2018
train (Sosnogorsk - Vologda)
13/04/2018 to
14/04/2018
train (Vologda- St Petersburg)
17/04/2018 to
19/04/2018
train (St Petersburg- Murmansk)
22/04/2018 to
24/04/2018
<0.3 m²
<0.5 m²
0.4 m²
0.4 m²
<0.4 m²
<0.4 m²
overcrowding, insufficient number of sleeping places
overcrowding
lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet, overcrowding
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places
overcrowding
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
41113/18
18/08/2018
Aleksandr Vitalyevich FROLOV
1993
Olga Viktorovna Golub
Suzemka
van (three roundtrips from IZ-77/5 to Golovinskiy Dsitrict Court of Moscow), convoy cell (Golovinskiy District Court of Moscow)
19/02/2018 to
28/02/2018
train (Moscow - Smolensk)
21/07/2018 to
22/07/2018
0.3 m²
overcrowding, lack of fresh air
overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, poor quality of potable water, lack of fresh air, 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
41117/18
18/08/2018
Magomed Mikailovich ABADIYEV
1982
Olga Viktorovna Golub
Suzemka
train (Moscow - Kursk)
22/02/2018 to
23/02/2018
0.3 m²
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, poor quality of potable water, lack of or poor quality of bedding and bed linen
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
41393/18
17/01/2019
Ivan Viktorovich MATVIYENKO
1998
convoy cells of the Sovetskiy District Court of Krasnoyarsk
15/10/2018 to
15/05/2019
1 m²
overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
41502/18
15/08/2018
Mikhail Anatolyevich PSHENICHNYY
1976
van (Vorkuta - Syktyvkar)
11/06/2018 to
13/06/2018
train (Syktyvkar - Ukhta)
09/08/2019 to
10/08/2019
0.4 m²
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, poor quality of potable water,
insufficient number of sleeping places
1,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy