FIRST SECTION
CASE OF FILIMONOV AND OTHERS v. RUSSIA
(Applications nos. 3219/19 and 50 others –
see appended list)
JUDGMENT
STRASBOURG
30 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Filimonov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 9 November 2023,
Delivers the following judgment, which was adopted on that date:
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.
8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case law regarding cramped and defective conditions in the detention and transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).
9. In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present cases.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant cases the applicants’ conditions of detention during their transport were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 123-26, 4 October 2016, concerning the placement of applicants in a metal cage or a glass cabin in courtrooms; Idalov v. Russia, [GC], no. 5826/03, §§ 154-58, 22 May 2012, about delays in examination of the complaints against detention order; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, relating to inadequate conditions of detention after conviction and the lack of effective remedies in this respect; Tomov and Others, cited above, §§ 143-56, as regards the lack of effective remedies in respect of conditions of transport; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in detention facilities and the lack of an effective remedy in that respect.
13. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the complaints under Article 13 of the Convention relating to the lack of an effective remedy as regards placement in a cage or a glass cabin at a court hearing (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to join the applications;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares the applications admissible;Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);Holds that it is not necessary to deal separately with the complaint under Article 13 of the Convention concerning the alleged lack of an effective remedy in respect of the placement in a metal cage or a glass cabin in the courtroom;Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
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]
3219/19
30/01/2019
Anton Sergeyevich FILIMONOV
1987
train, transit cell
27/09/2018 to
12/10/2018
overcrowding (10-14 inmates are
placed in a compartment for 7
inmates), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet
Art. 3 - inadequate conditions of detention after conviction - conditions of detention in IK-8 Komi Republic since 12/10/18 and pending as of 16/09/2022 (2 sq. m., restricted access to potable and warm water and to the toilet, restricted access to shower, overcrowding),
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Sovetskiy District Court of Bryansk, Bezhetskiy District Court of Bryansk, Bryansk Regional Court from 20/07/2017 to 21/08/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and of conditions of detention
16,300
3262/19
12/12/2018
Oleg Viktorovich SHLIKHAR
1975
train
13/07/2018 to
15/07/2018
train
23/07/2018 to
23/07/2018
0.3 m²
0.3 m²
overcrowding, insufficient number of sleeping places, lack or inadequate furniture, no or restricted access to potable water, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
3297/19
08/12/2018
Denis Aleksandrovich KORCHIN
1977
train
13/09/2018 to
14/09/2018
van
21/12/2018 to
21/12/2018
train
17/06/2019 to
17/06/2019
train
07/07/2019 to
07/07/2019
train, van
15/12/2019 to
16/12/2019
0.47 m²
0.3 m²
0.36 m²
0.36 m²
0.3 m²
lack of or insufficient electric light, no or restricted access to toilet, overcrowding, insufficient number of sleeping places
overcrowding, inadequate temperature, no handrails in a van, lack of fresh air, duration of the trip in a van was 1 hour 50 minutes
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, poor quality of food, 6 hours’ trip
overcrowding, no or restricted access to toilet, 6 hours’ trip
see above,
1.3 hour-trip in a van, 14 hour-trip (train)
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Syktyvkar Town Court, Supreme Court of the Komi Republic, Pechora Town Court, Ust-Vymskiy District Court of the Komi Republic, Perm Regional Court, Third Cassation Court,
from 07/10/2020 to 29/03/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
3369/19
12/12/2018
Valeriy Anatolyevich SHTIKEL
1978
Ashot Aleksandrovich Andreyev
Syktyvkar
train, van
05/09/2018 to
07/09/2018
0.4 m²
lack of fresh air, overcrowding, no or restricted access to toilet, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
3374/19
27/12/2018
Anton Georgiyevich KULIKOV
1982
Sergey Vladimirovich Kravchuk
St Petersburg
van, numerous occasions of transport within the indicated period from the detention facility to a courthouse
31/10/2014 to
25/12/2018
0.3 m²
overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
3503/19
28/12/2018
Aleksandr Dmitriyevich GLUSHCHENKO
1973
train, transit cell, transport of the applicant from the initial detention facility to the detention facility of final destination in another region; stops in numerous transit detention facilities and further transport by train within the indicated period
15/05/2018 to
12/11/2018
< 0.6 m²
lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, no or restricted access to toilet, overcrowding, poor quality of food
1,000
3604/19
08/12/2018
Aleksandr Valeryevich KORNEV
1987
transit cell, van, numerous occasions of transport between the detention facility and the courthouse
31/05/2017 to
30/07/2018
0.3 m²
no ventilation, lack of sitting places, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, passive smoking, lack of privacy for toilet, lack of fresh air, inadequate temperature, absence of safety belts and other safety equipment in a van, no or restricted access to toilet, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
4253/19
10/12/2018
Mikhail Nikolayevich FILIPPOV
1986
van, transit cells, numerous occasions of transport to take part in court hearings within the period from
03/05/2018 to
15/06/2018
0.4-0.5 m²
overcrowding, lack of fresh air, lack of or insufficient electric light, applicant transported on numerous occasions, passive smoking, no or restricted access to toilet
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a number of hearings before the Vorkuta Town Court, the most recent known hearing on 15/06/2018, proceedings pending as of 16/09/2022,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
4501/19
16/01/2019
Dmitriy Alekseyevich TRUSHKIN
1980
van, train
03/11/2018 to
04/11/2018
0.37-0.5 m²
overcrowding, no or restricted access to toilet, no or restricted access to potable water, passive smoking, lack of or insufficient electric light, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
4551/19
30/11/2018
Artem Ivanovich ZHIZHEV
1983
transit cell, van, train
11/09/2018 to
13/09/2018
train, van, transit cell
27/09/2018 to
29/09/2018
0.3m2
0.3 m2
no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of fresh air, insufficient number of sleeping places
see above
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
4771/19
31/12/2018
Nikolay Alekseyevich MAMONTOV
1978
transit cell, train, van
03/07/2018 to
04/07/2018
transit cell, van, train
07/08/2018 to
07/08/2018
<0.5 m²
<0.5m²
lack of fresh air, lack of or insufficient electric light, overcrowding, insufficient number of sleeping places
lack of fresh air, insufficient number of sleeping places, overcrowding, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
4803/19
18/12/2018
Leonid Sergeyevich TARAKANOV
1981
van, numerous occasions of transport to take part in court hearings
since 21/10/2017 and pending as of 16/09/2022
0.33-0.35 m²
overcrowding, lack of fresh air, lack of or insufficient electric light
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant on numerous occasions in a metal cage in court hearings before the Tsentralnyy District Court of Novosibirsk; since 21/10/2017 and pending as of 16/09/2022
8,500
4891/19
14/12/2018
Sergey Pavlovich TOPORKOV
1982
van, numerous occasions of transport
27/10/2017 to
13/07/2018
0.4 m²
overcrowding, lack of or insufficient electric light, lack of fresh air, inadequate temperature, passive smoking
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Vsevolzhsk Town Court of the Leningrad Region, numerous hearings, the date of the judgment was 13/07/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
5026/19
11/01/2019
Fanis Faritovich AKHMETSHIN
1963
van, transit cell
18/09/2017 to
30/07/2018
0.3 m²
lack of fresh air, overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the application in overcrowded glass cabins (21 accused, cabin of 9.2x1.7) in the Privolzhye Circuit Military Court in the building of the Ordzhonikidzovskiy District Court of Ufa, 18/09/2017 - 30/07/2018;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
5190/19
10/01/2019
Igor Pavlovich OKSANICH
1976
train
20/06/2018 to
22/10/2018
train, transit cell,
van
10/01/2019 to
29/01/2019
0.6 m2
0.26-0.7 m2
lack of fresh air, overcrowding, lack of privacy for toilet
insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, inadequate temperature, no or restricted access to warm water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
5590/19
05/03/2019
Andrey Vladimirovich CHUPROV
1984
van, train, transit cell
11/09/2018 to
14/09/2018
0.4 m2
insufficient number of sleeping places, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
5737/19
21/12/2018
Vyacheslav Konstantinovich ULYANOV
1995
van
05/11/2017 to
20/07/2018
0.3 m²
overcrowding, inadequate temperature, passive smoking, mouldy or dirty cell, applicant transported on numerous occasions
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
6057/19
25/12/2018
Valentin Nikolayevich IVANOV
1990
train
07/09/2018 to
08/09/2018
van, train
19/03/2019 to
20/03/2019
0.49 m²
0.3 m2
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to toilet
insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
6153/19
28/12/2018
Mansur Takhirovich SAYDASHEV
1984
van
05/09/2018 to
05/09/2018
0.26 m²
overcrowding, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
6245/19
11/01/2019
Sergey Alekseyevich SAMOKHVALOV
1977
transit cells, van
12/07/2018 to
25/12/2018
0.8 m²
overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
6560/19
24/12/2018
Rasim Ramidinovich MEDZHIDOV
1993
van, train
23/01/2019 to
24/01/2019
train
27/01/2021 to
13/03/2021
train
15/10/2021 to
15/10/2021
0.33 m²
0.3 m²
0.27 m²
overcrowding, insufficient number of sleeping places, no or restricted access to running water, no or restricted access to toilet
overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, poor quality of food
overcrowding, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in correctional colonies IK-1 and IK-31 Komi Republic between 23/12/2017 and 13/03/2021,
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance and in respect of conditions of detention during transport
1,000
6595/19
16/01/2019
Kirill Andreyevich LEBEDEV
1994
train
13/12/2018 to
15/12/2018
overcrowding (10 inmates transported in a compartment for 5), lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water
1,000
6740/19
15/01/2019
Ruslan Anatolyevich OVSEYENKO
1976
transit cell, train
29/08/2018 to
01/10/2018
0.4, 0.25 m2
overcrowding, passive smoking, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, numerous occasions of transport, lack of or insufficient electric light, no or restricted access to potable water
1,000
6769/19
21/01/2019
Sergey Sergeyevich PERMYAKOV
1996
van, train
03/10/2018 to
05/10/2018
0.5 m2
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of fresh air, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
6959/19
18/01/2019
Artur Armaisovich MATEVOSYAN
1983
train
29/09/2018 to
01/10/2018
0.6 m2
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food
1,000
6981/19
14/01/2019
Vladimir Vladimirovich GAVRILOV
1986
train
19/08/2018 to
21/08/2018
0.6 m
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack of or inadequate hygienic facilities, insufficient number of sleeping places
1,000
7071/19
14/01/2019
Sergey Georgiyevich BELOV
1973
train
04/08/2018 to
24/08/2018
<0.2 m²
overcrowding, insufficient number of sleeping places, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water
1,000
7262/19
09/01/2019
Artem Vladimirovich CHEREPANOV
1982
train
20/09/2018 to
21/09/2018
0.26 m2
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food
1,000
7278/19
23/01/2019
Dmitriy Aleksandrovich LIMANSKIY
1979
Andrey Anatolyevich Malinin
Pechora
train, van
23/11/2018 to
24/11/2018
train, van, transit cell
15/01/2020 to
25/01/2020
0.35 m²
0.4 m2
inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, overcrowding
insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, insufficient electric light, overcrowding, 2 roundtrips
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
7280/19
17/01/2019
Dmitriy Viktorovich GRIGORYEV
1986
train, van
28/06/2018 to
07/03/2019
0.5 m2
overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to potable water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
7325/19
23/01/2019
Sergey Mikhaylovich TUYEV
1989
Andrey Anatolyevich Malinin
Pechora
train, van
21/10/2018 to
22/10/2018
train, van
05/11/2018 to
06/11/2018
0.35 m²
0.35 m²
lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, overcrowding
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
7429/19
14/01/2019
Ignatiy Aleksandrovich LAVRENTYEV
1992
van, train
28/01/2019 to
18/02/2019
0.2-0.4 m²
overcrowding, lack of fresh air, passive smoking, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water
1,000
7941/19
16/01/2019
Dmitriy Vladimirovich TERVONIN
1977
train
21/09/2018 to
23/09/2018
0.37 m²
overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water, no or restricted access to potable water, insufficient number of sleeping places
1,000
7963/19
09/01/2019
Maksim Vladimirovich POPSUYKO
1976
van, train
01/10/2018 to
01/10/2018
train
20/12/2021 to
21/12/2021
and 30/01/2022 to
31/01/2022
0.4 m²
0.3 m²
overcrowding, mouldy or dirty cell, lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient natural light, passive smoking, lack of or insufficient electric light, no or restricted access to toilet
overcrowding, insufficient number of sleeping places, passive smoking, inadequate temperature, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
7999/19
15/01/2019
Dmitriy Viktorovich CHIRKOV
1994
van
11/09/2015 to
16/07/2018
0.25 m²
overcrowding, no or restricted access to toilet, inadequate temperature, no windows, applicant transported on numerous occasions
1,000
8107/19
23/01/2019
Grigoriy Vanyayevich PROSHYAN
1958
Roza Saidovna Magomedova
Moscow
transit cell, van
10/09/2018 to
05/12/2018
0.2 m²
overcrowding, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack or insufficient quantity of food, lack of or insufficient electric light, inadequate temperature
Art. 5 (4) - excessive length of judicial review of detention - On 17/09/2018 the applicant lodged an appeal against the detention order of 10/09/2018, which was considered on 09/10/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,500
8276/19
12/01/2019
Aleksey Nikolayevich PESHKOV
1981
train, van
11/08/2018 to
09/11/2018
overcrowding (“Stolypin” wagon, 9‑11 inmates, several hours; transportation in a van with 10 other inmates), lack or insufficient quantity of food, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
8293/19
02/01/2019
Aleksandr Faritovich UTIMBAYEV
1955
Tatyana Aleksandrovna Tretyak
Gelendzhik
transit cell, van, numerous occasions of transport from and back to the detention facility to take part in investigative actions and court hearings
05/08/2016 pending as of 16/09/2022
< 0.5 m²
lack of fresh air, no or restricted access to toilet
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement of the applicant in a metal case 45 times in the hearings before the Gelendzhik Town Court, last time 01/10/2018; proceedings were pending as of 16/09/2022,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
8,500
8519/19
09/01/2019
Rustem Mullayanovich YUSUPOV
1982
van, numerous occasions of transport to and from detention facility to take part in investigative actions or court hearings
10/09/2015 to
26/12/2018
0.25 m²
overcrowding, no handrails in a van, lack of fresh air, passive smoking, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
8772/19
16/01/2019
Gayrat Mavlyanovich SADIKOV
1987
Natalya Andreyevna Balog
Krasnoyarsk
van, convoy cells in the Sovetskiy District Court of Krasnoyarsk
since 09/01/2018 pending as of 16/09/2022
0.35 m²
overcrowding, no or restricted access to toilet, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
8884/19
10/01/2019
Sergey Vladimirovich FETT
1986
van, train
17/10/2018 to
19/10/2018
0.3-0,6 m²
lack of fresh air, overcrowding, insufficient number of sleeping places, lack of privacy for toilet, passive smoking, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
8950/19
28/01/2019
Dmitriy Albertovich PAUTS
1984
train, (two trips)
15/12/2018 to
17/01/2019
0.5 m2
insufficient number of sleeping places, inadequate temperature, lack of or insufficient electric light, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
8968/19
10/12/2018
Aleksey Ivanovich GROMOV
1973
train
17/10/2018 to
19/10/2018
overcrowding (11 inmates in a
compartment for 5 inmates), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water
1,000
9475/19
28/01/2019
Aleksey Viktorovich SMIRNOV
1983
van, transit cell, numerous occasions of transport within the indicated period
30/07/2018 to
06/11/2018
<0.4 m²
overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, insufficient number of sleeping places, constant electric light
1,000
9520/19
31/01/2019
Sergey Nikolayevich ZUBAREV
1974
train, transit cell
20/08/2018 to
17/09/2018
0.5 m²
lack of fresh air, inadequate temperature, overcrowding, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
9947/19
01/02/2019
Nikolay Anatolyevich BURKOV
1973
train
18/12/2018 to
19/12/2018
0.3 m2
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of or poor quality of bedding and bed linen
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
10034/19
21/01/2019
Oleg Alekseyevich CHERNYKH
1975
van, train, transit cell
04/06/2018 to
12/11/2018
overcrowding (in train: compartment for 5 carrying 9-11 inmates), lack of or poor quality of bedding and bed linen, passive smoking, lack of privacy for toilet, lack of fresh air, lack of toiletries
1,000
10472/19
04/02/2019
Denis Aleksandrovich CHERNYAKOV
1991
van, train
15/01/2019 to
16/01/2019
0.5 m²
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
10689/19
01/02/2019
Aleksandr Mikhaylovich ICHETKIN
1986
train
19/09/2018 to
21/09/2018
lack of or inadequate hygienic facilities, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding (12 inmates transported in a compartment for 5 inmates)
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
10887/19
13/03/2019
Vasiliy Viktorovich BOYCHENKO
1986
van
14/11/2018 to
14/11/2018
0.3 m²
no or restricted access to potable water, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
11050/19
29/04/2019
Dmitriy Sergeyevich KUPREYEV
1981
van, train
12/11/2018 to
29/11/2018
overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, poor quality of potable water, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to running water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy