FIFTH SECTION
CASE OF GABUYEV AND OTHERS v. RUSSIA
(Applications nos. 28628/21 and 64 others –
see appended list)
JUDGMENT
STRASBOURG
23 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Gabuyev 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 2 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 were given notice of the applications.
THE FACTS
3. A 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 complaints under other Convention provisions.
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 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. The applicants whose names are listed in the appended table also raised other complaints relating to the issues of the Court’s well-established case-law. 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 a violation of the Convention (see appended table for further details) in view of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement of applicants in a metal cage in courtrooms; and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, as to the permanent video surveillance of detainees in pre-trial or post-conviction detention facilities.APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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.”
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 have been other violations of the Convention under the Court’s well-established case-law (see the appended table);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 23 November 2023, 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)
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]
28628/21
28/07/2021
Taymuraz Valeryevich GABUYEV
1990
van
18/02/2021 to
18/02/2021
0.25 m²
overcrowding, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light
1,000
38874/21
04/10/2021
Dmitriy Olegovich ARKHIPOV
1986
train
12/07/2021 to
22/07/2021
overcrowding, no or restricted access to toilet, 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
42886/21
05/08/2021
Dmitriy Gennadyevich CHABANOV
1978
van, train
05/06/2021 to
08/06/2021
0.5 m²
overcrowding, poor quality of food, no or restricted access to warm water, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, inadequate temperature, lack of fresh air, 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
43024/21
06/08/2021
Mikhail Igorevich MEDVEDEV
1989
train
04/04/2021 to
02/08/2021
applicant transported on numerous occasions, insufficient number of sleeping places, 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 -
1,000
45680/21
20/08/2021
Andrey Geliyevich YEVSEYEV
1993
van, train
16/06/2021 to
17/06/2021
0.4 m²
no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, overcrowding, inadequate temperature, 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
46410/21
12/01/2022
Pavel Sergeyevich PROKOPOVICH
1995
van, transit cell
23/05/2021 to
15/11/2021
<2 m²
applicant transported on numerous occasions, overcrowding, inadequate temperature, lack of or insufficient quantity of food, no or restricted access to toilet, absence of safety belts
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
50932/21
07/02/2022
Viktor Anatolyevich ARBUZOV
1992
van, train
08/12/2021 to
09/12/2021
0.55 m²
overcrowding, 12 persons in a van for 8 persons, lack of fresh air, lack of or insufficient electric light, inadequate temperature, lack of or insufficient natural light, strip search before the beginning of escort, 9 persons in a train car for 4 persons, 0.55 sq. m per person in a train car, insufficient number of sleeping places, no or restricted access to potable water, duration of escort - about 3 hours in a van and about 14 hours in a train, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, no warm meal
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
50970/21
25/11/2021
Aleksandr Sergeyevich LAVRUKHIN
1984
train
14/10/2021 to
15/10/2021
duration of 7 hours, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of 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
52039/21
23/02/2022
Ivan Viktorovich OVCHINNIKOV
1977
train
22/12/2021 to
24/12/2021
0.2 m²
overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, 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
53131/21
10/02/2022
Aleksey Iosifovich ROKHLIN
1961
van (Stakan)
22/02/2017 to
14/12/2021
applicant transported on numerous occasions, overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, lack of fresh air, lack of seat belts and handrails
1,000
54194/21
06/10/2021
Aleksey Aleksandrovich KONYAKHIN
1989
van
14/05/2021 to
14/05/2021
overcrowding, inadequate temperature, 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
54237/21
24/02/2022
Pavel Vladimirovich LAPSHIN
1983
van
13/10/2021 to
12/11/2021
train
13/10/2021 to
12/11/2021
0.3 m²
glass compartment (‘stakan’), lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, overcrowding
overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, bunk beds, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water, 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
56137/21
02/02/2022
Anton Yuryevich LIFANOV
1985
van, train
14/12/2020 -
pending as of 16/09/2022
0.5 m²
overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, lack of seat belts, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, passive smoking, lack of fresh air
1,000
58086/21
12/11/2021
Aleksandr Vladimirovich MITYAYEV
1984
van
19/05/2021 to
19/05/2021
0.25 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, 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
58444/21
18/11/2021
Stanislav Gennadyevich KORSHIKOV
1983
van, train
12/02/2021 to
28/11/2021
<1 m²
overcrowding, no or restricted access to toilet, applicant transported on numerous occasions, insufficient number of sleeping places, no or restricted access to warm water
1,000
58566/21
21/01/2022
Yuriy Anatolyevich KOZLOV
1964
van
20/12/2021 to
24/12/2021
0.1-0.5 m²
overcrowding, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, 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
58671/21
15/11/2021
Aleksandr Ivanovich GOLOVIN
1988
train, van
21/06/2021 to
23/06/2021
overcrowding, lack of or insufficient electric light, 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
58739/21
11/11/2021
Emil Ramilevich GABDELKHAKOV
1987
van
18/05/2021 to
18/05/2021
0.25 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food
1,000
59196/21
08/11/2021
Eduard Sergeyevich SHCHERBENEV
1993
van
18/05/2021 to
18/05/2021
0.25 m²
overcrowding, no or restricted access to toilet, lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, lack of privacy for toilet, lack of or insufficient quantity of food, absence of safety belts
1,000
59349/21
10/01/2022
Yuriy Viktorovich FEDOSEYEV
1989
van, train
19/10/2021 to
19/10/2021
lack of handrails, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet
1,000
60108/21
25/10/2021
Semen Anatolyevich ZAYTSEV
1993
van, train
09/09/2021 to
12/09/2021
no or restricted access to toilet, overcrowding, passive smoking, inadequate temperature, lack of or insufficient electric light, 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
61327/21
22/11/2021
Vladimir Nikolayevich GUK
1970
van
23/11/2020 to
29/09/2021
0.7 m²
transport from SIZO-1 Komi Republic to IVS Ust-Kuloma Komi Republic and to the District Courts of Komi Republic, applicant transported on numerous occasions, 60-120 min every transport, inadequate temperature, no or restricted access to potable water, overcrowding, lack of or insufficient natural light, lack or inadequate furniture, passive smoking
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Kortkerosskiy District Court of Komi Republic, date of conviction - 29/09/2021,
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
8,500
61470/21
23/11/2021
Oleg Afanasyevich ILCHENKO
1957
van, train
20/04/2021 to
27/05/2021
0.4 m²;
0.8 m² (on the way back)
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
61566/21
18/11/2021
Pavel Igorevich MALTSEV
1989
Mikhail Germanovich Shiolashvili
St Petersburg
van, convoy cell
24/09/2020 to
15/07/2021
0.3 m²
overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, 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
61603/21
30/11/2021
Dmitriy Aleksandrovich KYLOSOV
1981
train, van
20/06/2021 to
22/07/2021
overcrowding, no or restricted access to toilet, inadequate temperature
1,000
61605/21
11/11/2021
Nikolay Aleksandrovich SAVELCHEV
1989
van
27/05/2021 to
27/05/2021
0.2 m²
overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of or insufficient quantity of food
1,000
41/22
15/12/2021
Aleksandr Bronislavovich SOKOLOV
1984
van
30/01/2020 to
07/07/2021
overcrowding, passive smoking, no or restricted access to toilet, lack of fresh air
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 St Petersburg, 15/04/2021 – 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 permanent video surveillance in detention facilities
1,000
181/22
27/01/2022
Pavel Vyacheslavovich KARELIN
1984
van, train
17/11/2021 to
27/11/2021
0.2-0.5 m²
overcrowding, inadequate temperature, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, 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
471/22
30/11/2021
Aleksey Aleksandrovich SHCHEGLOV
1992
train
04/06/2021 to
31/07/2021
<0.4 m²
overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
1309/22
07/12/2021
Oleg Ivanovich STARYGIN
1977
train, van
10/10/2021 to
03/11/2021
insufficient number of sleeping places, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, 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
1360/22
06/12/2021
Yuriy Igorevich CHERNOV
2000
van, train
10/07/2021 to
11/07/2021
lack of belts in the van, overcrowding, insufficient number of sleeping places in the train, lack of fresh air, lack of or inadequate hygienic facilities, passive smoking, no or restricted access to toilet, poor quality of potable water
1,000
2523/22
17/12/2021
Kirill Yuryevich RUSSKIKH
1998
train, van
17/10/2021 to
18/10/2021
insufficient number of sleeping places, overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, inadequate temperature
1,000
4081/22
14/12/2021
Sergey Sergeyevich KOZHEMYAKO
1982
train
23/07/2021 to
02/09/2021
applicant transported on numerous occasions, infestation of cell with insects/rodents, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to warm water
1,000
4125/22
21/12/2021
Andrey Gennadyevich SAMARSKIY
1989
train, van
29/06/2021 to
20/10/2021
overcrowding, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, inadequate temperature, 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
4142/22
16/12/2021
Anton Vladimirovich VOROPAYEV
1983
van
05/12/2019 to
15/10/2021
applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, mouldy or dirty cell, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
5738/22
03/01/2022
Vasiliy Yevgenyevich TERENTYEV
1997
van (Stakan), train
19/09/2020 to
10/12/2021
overcrowding, 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, lack of or insufficient electric light, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light
1,000
6231/22
27/12/2021
Aleksey Sergeyevich MASLAKOV
1987
train, van
12/04/2021 to
05/10/2021
<1 m²
applicant transported on numerous occasions, inadequate temperature, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, poor quality of food, lack of ventilation, absence of safety belts
1,000
6985/22
04/01/2022
Intigam Gabib Ogly RAMAZANOV
1979
train
22/08/2021 to
15/09/2021
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to toilet, lack of or insufficient electric light, no or restricted access to potable water
1,000
8041/22
21/01/2022
Alfiya Nurkhalimovna NYRKOVA
1977
van
03/11/2016 –
pending as of 16/09/2022
0.25 m²
overcrowding, inadequate temperature, transport on numerous occasions
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
8593/22
11/01/2022
Anton Nikolayevich KOROTKOV
1981
van
20/07/2021 to
20/07/2021
inadequate temperature, overcrowding, no or restricted access to toilet
1,000
9135/22
17/01/2022
Vyacheslav Andreyevich BULYGIN
1988
van
17/03/2021 -
pending as of 16/09/2022
overcrowding, no or restricted access to toilet, lack of fresh air, 1.5-4 hours each transport, transport from SIZO to the Frunzensky District Court of St Petersburg
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
9181/22
10/03/2022
Artem Olegovich LOBACHEV
1984
van
02/12/2020 to
20/09/2021
0.25 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
9969/22
24/01/2022
Andrey Gennadyevich NIKOLAYEV
1984
van, train
09/10/2021 to
15/10/2021
overcrowding, lack of seat belts and handrails, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, lack of or inadequate hygienic facilities, poor quality of food, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen
1,000
10220/22
25/01/2022
Roman Nikolayevich ARSENYEV
1982
van, train
18/10/2021 to
02/11/2021
0.25 - 0.5 m²
overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of toiletries, no or restricted access to potable water, poor quality of food, lack of or insufficient electric light, lack of fresh air, 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
10673/22
07/02/2022
Aleksandr Vladimirovich RAKEVICH
1988
van, train
03/03/2021 to
03/09/2021
0,36 m²
overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 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
11795/22
09/02/2022
Aleksandr Vladimirovich ORLOV
1977
van, train
04/10/2021 to
26/10/2021
0.4 m² in a van and 1.7 m² in a train
applicant transported on numerous occasions, overcrowding, inadequate temperature, low van’s height, absence of ventilation system, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, absence of safety equipment, no or restricted access to warm water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
12056/22
25/01/2022
Arsen Zalimkhanovich VAISOV
1977
train, van
25/06/2020 to
26/10/2021
applicant transported on numerous occasions, insufficient number of sleeping places, ‘stakan’ type compartment, no or restricted access to toilet
1,000
13996/22
22/02/2022
Roman Aleksandrovich YEFANOV
1995
van, transit cell
11/11/2021 -
pending as of 16/09/2022
0.16 – 0.6 m²
lack of fresh air, overcrowding, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
14115/22
10/02/2022
Yevgeniy Vyacheslavovich YUSHKOV
1982
van
13/01/2022 -
pending as of 16/09/2022
0.25 m²
applicant transported on numerous occasions, overcrowding, no safety belts, lack of fresh air, passive smoking, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light, 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
14738/22
13/02/2022
Gleb Vadimovich SVITKO
1977
van, transit cell, train
12/08/2021 to
15/10/2021
applicant transported on numerous occasions, overcrowding, lack of fresh air, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, 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
15437/22
21/02/2022
Aleksandr Alekseyevich MAMONTOV
1980
van
03/08/2017 to
08/12/2021
overcrowding, no or restricted access to toilet, 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
15696/22
01/03/2022
Aleksandr Vladimirovich TATARINOV
1989
train
31/05/2021 to
07/09/2021
0.3 m²
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
16407/22
08/03/2022
Aleksandr Sergeyevich VORONIN
1991
van, train
23/10/2021 to
24/10/2021
lack of privacy for toilet, no or restricted access to potable water, overcrowding, insufficient number of sleeping places
1,000
16437/22
24/02/2022
Artem Aleksandrovich POPOV
1987
train, van
18/02/2022 to
19/02/2022
<1 m²
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, bunk beds, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, poor quality of food, 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
17141/22
05/03/2022
Eduard Vladimirovich KARMANOV
1977
train, van
12/10/2021 to
13/10/2021
<1 m² (van) <0.2 m² (train)
overcrowding, inadequate temperature, insufficient number of sleeping places, no or restricted access to potable water, 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
17387/22
21/02/2022
Dzhon Frankovich KOSMOS
1972
van
16/03/2018 -
pending as of 16/09/2022
applicant transported on numerous occasions, inadequate temperature, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
17457/22
18/03/2022
Artem Aleksandrovich VASILYEV
1991
van, train
26/12/2021 to
27/12/2021
0.4 m²
overcrowding, lack of or insufficient natural light, no or restricted access to potable water, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, poor quality of food
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-31 Komi Republic, 01/12/2020 - 01/03/2022, opposite-sex operators,
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
1,000
18144/22
09/03/2022
Sergey Anatolyevich DELOV
1963
van, train
17/03/2020 to
28/12/2021
0.36-0.4 m²
overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm 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
18222/22
10/03/2022
Aleksey Konstantinovich YEMELYANOV
1988
train
23/02/2022 to
25/02/2022
0.3 m²
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 toilet, no or restricted access to running water, no or restricted access to warm water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
18284/22
15/03/2022
Artem Valeryevich DVUGROSHEV
1997
train, van
24/09/2021 to
24/09/2021
insufficient number of sleeping places, absence of safety devices, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, overcrowding, lack of fresh air
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 of detainees in pre-trial or post-conviction detention facilities - IK-42 Komi Republic, 09/11/2017 - 24/09/2021; IK-31 Komi Republic, 24/09/2021 – pending on the date when the application was lodged with the Court; opposite-sex operators, detention in different cells with video surveillance, video surveillance in a lavatory room
1,000
18792/22
19/03/2022
Semen Sergeyevich FILIPPOV
1988
van
14/05/2021 to
29/10/2021
0.4 m²
glass compartment ‘stakan’, bunk beds
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
19923/22
02/03/2022
Artur Lotariyevich ARKHIPOV
1989
van
14/02/2020 to
03/09/2021
applicant transported on numerous occasions, inadequate temperature, stakan-type compartment
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -
1,000
19933/22
29/03/2022
Parviz MURODBEKZODA
1983
van, train
10/09/2021 to
02/10/2021
overcrowding, inadequate temperature, lack of fresh air, no or restricted access to toilet
1,000
21040/22
25/03/2022
Pavel Vladimirovich SHESTAKOV
1978
train, van
29/08/2021 to
28/12/2021
applicant transported on numerous occasions, bunk beds, lack of or insufficient quantity of food
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - the applicant complains about permanent video surveillance in transport and in SIZO where he was placed during his transportation,
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
1,000
21784/22
08/04/2022
Andrey Aleksandrovich YEROFEYEV
1992
train
18/02/2022 to
19/02/2022
0.47 m²
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, bunk beds, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to warm water, 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
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy