FIFTH SECTION
CASE OF GALEYEV AND OTHERS v. RUSSIA
(Applications nos. 41539/18 and 50 others –
see appended list)
JUDGMENT
STRASBOURG
11 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Galeyev and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 December 2023,
Delivers the following judgment, which was adopted on that date:
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 Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, Tomov and Others, cited above, §§ 92‑156, concerning the lack of an effective remedy to complain about poor conditions of detention during transport; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Dirdizov v. Russia, no. 41461/10, §§ 101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Andrey Smirnov v. Russia, no. 43149/10, 13 February 2018, Resin v. Russia, no. 9348/14, 18 December 2018, Chaldayev v. Russia, no. 33172/16, 28 May 2019, Pshibiyev and Berov v. Russia, no. 63748/13, 9 June 2020, and Mukhametov and Others v. Russia, nos. 53404/18 and 3 others, 14 December 2021, related to various restrictions on family visits in pre-trial detention facilities; and Yevdokimov and Others v. Russia, nos. 27236/05 and 10 others, §§ 17-53, 16 February 2016, concerning domestic courts’ refusal to bring detainees to hearings in civil cases).
13. In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some applicants under Article 13 of the Convention about the lack of effective domestic remedies to complain about their placement in a metal cage in courtrooms (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).remaining complaints
14. Mr Tikhomirov (application no. 5682/20) complained under Articles 3 and 13 of the Convention about conditions of his post-conviction detention from 19 July 2017 to 3 September 2019 and the lack of an effective remedy in that respect. He alleged, inter alia, that the personal space allocated to him had been approximately 1.36 square metres, which was below the national standard of 2 square metres.
15. As to the complaint under Article 3 of the Convention, the Court notes that, as matters stand, the material facts complained of by the applicant have ceased to exist. He is no longer detained in the conditions complained of. It also notes that it was open to the applicant to make resort to a new compensatory remedy, introduced by the Russian Federation on 27 January 2020, in respect of his complaints concerning the conditions of detention in breach of the national legislation (see Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others, 17 March 2020).
16. Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., § 54), the Court considers it is no longer justified to continue the examination of this part of the application (Article 37 § 1 (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the complaint under Article 37 § 1 in fine. Accordingly, this part of the application should be struck out of the list.
17. As regards the complaint under Article 13 of the Convention, the Court has examined it and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention. It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. Regard being had to the documents in its possession and to its case‑law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to join the applications;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;Declares the complaints concerning the inadequate conditions of detention during transport and the other complaints under the well‑established case-law of the Court, as set out in the appended table, admissible; decides to strike the part of application no. 5682/20 out of its list of cases as regards the complaints about poor conditions of post‑conviction detention and declares the remainder of that application inadmissible;Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of lack of domestic remedies to complain about the placement in a metal cage in the courtrooms;Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 11 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
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/household
(in euros)[1]
41539/18
17/08/2018
Roman Uralovich GALEYEV
1984
train
21/12/2017 to
03/12/2019
train
15/12/2020 to
17/12/2020
0.3-0.6 m²
several occasions of transport during the indicated period by train in similar conditions: no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, 12 inmates were placed in a train compartment during the trip, the trip each time lasted from 17 to 24 hours
overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, the trip lasted
40 hours, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
41927/18
22/08/2018
Vladimir Nikolayevich TRUNILIN
1960
van, transit cell, train
19/07/2018 to
20/07/2018
train, van
09/11/2018 to
27/12/2018
train, transit cell, van
09/10/2019 to
10/10/2019
train, van
17/11/2019 to
17/11/2019
train, van
17/12/2020 to
18/12/2020
train, van
29/01/2021 to
30/01/2021
0.3 m²
passive smoking, overcrowding, no or restricted access to toilet, lack of or insufficient electric light
insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet
lack of or poor quality of bedding and bed linen, lack of fresh air, overcrowding, lack of or insufficient electric light, no or restricted access to running water, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet
lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, overcrowding
overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet
insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42048/18
11/01/2019
Vadim Nikolayevich VEDENEYEV
1964
train, transit cell, van
28/06/2018 to
25/07/2018
insufficient number of sleeping places, transport in cells not adapted to requirements of disabled inmates, lack of or insufficient natural light, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, passive smoking, impediments to continuous night sleep, no or restricted access to toilet, lack of privacy for toilet, overcrowding
1,000
42446/18
26/08/2018
Yelizaveta Sergeyevna SIMONOVA
1997
Ivan Severovich Sidorov
Moscow
van, transit cell
11/04/2018
30/05/2019
0.3-0.5 m²
Numerous occasions of transport within the indicated period between the detention facility and the courthouse; overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, passive smoking, lack of or inadequate hygienic facilities
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42832/18
21/08/2018
Roman Yuryevich SVERCHKOV
1982
train, van
03/07/2018 to
07/08/2018
0.3 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, inadequate temperature, no or restricted access to potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
42843/18
18/08/2018
Aleksey Petrovich MARTYNOV
1982
train
25/06/2018 to
31/07/2018
0.2 m²
lack of fresh air, lack of ventilation, passive smoking, no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places
1,000
42934/18
23/08/2018
Bobomurod Ruzi ugli SUYUNOV
1993
Aleksey Gennadyevich Kudryavtsev
Kolpino
train
25/04/2018 to
25/05/2018
overcrowding, insufficient number of sleeping places, lack of ventilation, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light
1,000
43137/18
17/08/2018
Konstantin Vladimirovich PLAMADYALA
1981
train, transit cell, van
03/07/2018 to
04/07/2018
0.3 m²
lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, overcrowding, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places
1,000
43158/18
16/08/2018
Ilya Nikolayevich KLYUYEV
1987
train
03/02/2016 to
27/07/2018
0.3 m²
transport on 103 occasions, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, passive smoking, no or restricted access to toilet
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – in the Inta Town Court, 03/09/2018-25/01/2019
8,500
43170/18
27/08/2018
Vitaliy Valeryevich SAFRONOV
1978
train, van
11/07/2018 to
12/07/2018
train, van
31/07/2018 to
31/07/2018
van, train
09/02/2019 to
19/02/2019
train, van
13/07/2019 to
14/07/2019
van
26/07/2019 to
26/07/2019
0.3 m²
0.3 m²
0.34 m²
< 1 m²
< 1 m²
inadequate temperature, lack of fresh air, no or restricted access to toilet, lack of or insufficient electric light
see above
lack of fresh air, no or restricted access to toilet, insufficient number of sleeping places
no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air
lack of fresh air, inadequate temperature, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
44539/18
07/09/2018
Pavel Sergeyevich CHERKASOV
1984
transit cell, train
11/03/2018 to
26/04/2018
0.8 m²
bunk beds, passive smoking, lack of privacy for toilet, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - hearings in a civil case on 30/09/2020, 15/10/2020 in the Ivdel Town Court of the Sverdlovsk Region and on 26/04/2021, 13/05/2021 in the Chernovskiy District Court of Chita through a video link from IK-6 Khabarovsk Region being confined in a metal cage;
Art. 6 (1) - absence of detainees from civil proceedings - the applicant was not present at the court hearings of his case concerning allegedly unlawful handcuffing; his appeals to ensure his presence at the hearings were dismissed with reference to the applicant’s status as a detainee
9,000
44565/18
30/08/2018
Rafik Arturovich PETROSYAN
1986
transit cell, train, van
05/06/2018 to
13/07/2018
0.4 m²
passive smoking, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding, insufficient number of sleeping places
1,000
44617/18
31/08/2018
Aleksandr Nikolayevich STULOV
1995
van
26/09/2014 to
10/05/2018
0.3-0.5 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of fresh air, no or restricted access to toilet, lack or insufficient quantity of food
1,000
45200/18
22/08/2018
Aleksandr Vladimirovich POVARKOV
1991
van
01/12/2017 to
27/04/2018
0.3 m²
inadequate temperature, lack of fresh air, no or restricted access to toilet, passive smoking
1,000
45827/18
28/08/2018
Aleksandr Aleksandrovich KOZLOV
1968
train, van
29/06/2018 to
29/06/2018
0.3 m²
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46288/18
12/09/2018
Stepan Igorevich NIKONOV
1993
transport by train and detention in transit facilities
17/07/2018 to
30/07/2018
insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46556/18
12/09/2018
Vadim Rishatovich DILABIROV
1984
van, numerous occasions of transport
19/07/2017 to
01/06/2018
0.25 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety equipment inside the vans, passive smoking, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
46596/18
23/09/2018
Dmitriy Aleksandrovich YALOVIK
1969
Olga Viktorovna Golub
Suzemka
van, in “metal glass”,
transit cell
18/06/2018 to
18/06/2018
0.3 m²
lack or insufficient quantity of food, no or restricted access to potable water, inadequate temperature, lack of fresh air, passive smoking, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light
1,000
47490/18
25/09/2018
Ilyas Misir ogly NAGIYEV
1984
train, (two trips)
03/08/2018 to
19/08/2018
overcrowding, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of fresh air
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance of the applicant in IK-25, Komi Republic, since 12/2018 and on-going as of 16/09/2022. It includes, in particular: detention in different cells with video surveillance; opposite-sex operators; video surveillance in shower rooms; video surveillance during medical examinations;
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities
1,000
47560/18
23/01/2019
Mikhail Sergeyevich VIKULOV
1988
train
24/04/2018 to
19/08/2018
overcrowding, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
47565/18
20/08/2018
Emil Elchin ogly GUSEYNOV
1989
train
15/08/2018 to
28/08/2018
van
05/12/2018 to
19/12/2018
van
08/04/2019 to
24/04/2019
0.35 m²
0.35 m²
inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, no or restricted access to toilet, overcrowding, passive smoking
overcrowding, lack of fresh air
overcrowding, lack of safety equipment, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
47947/18
11/09/2018
Aleksandr Fedorovich BURIK
1976
train, van
26/05/2018 to
27/05/2018
train, van
11/09/2018 to
12/09/2018
0.4 m²
overcrowding, no or restricted access to toilet, lack of privacy for toilet, passive smoking, lack of or insufficient electric light
insufficient number of sleeping places, no or restricted access to toilet, overcrowding
1,000
48634/18
04/10/2018
Household:
Artur Raulevich SALIMOV
1986
Suleyman Arturovich SALIMOV
2012
Ismail Arturovich SALIMOV
2014
Alsu Danilovna AGALYAMOVA
1989
Gulnara Naisovna SALIMOVA
1966
Transport of the first applicant:
van, numerous occasions of transport between the detention facility and to take part in investigative actions or to the courthouse
30/05/2017 to
30/07/2018
0.3 m²
overcrowding, lack of fresh air, inadequate temperature, lack of safety equipment, lack of or insufficient electric light
Art. 13 - lack of any effective remedy in domestic law in respect of refusals of family visits in pre-trial detention and in respect of the inadequate conditions of detention during transport (for the first applicant);
Art. 8 (1) - restrictions on family visits in pre-trial facilities – all applicants complain about the refusals of long-term family visits in SIZO-3, Sterlitamak, where the first applicant was detained between 04/02/2015 and 22/10/2020
5,000
49012/18
05/10/2018
Said Dzhandarovich DZHANALIYEV
1983
van
24/04/2018 to
24/04/2018
0.26 m²
lack of fresh air, inadequate temperature, poor quality of food
1,000
49439/18
21/10/2018
Mubariz Orudzh Ogly MAMEDOV
1972
van, numerous occasions of transport between the detention facility and the courthouse
15/04/2015 to
04/09/2018
0.2 m²
overcrowding, lack of fresh air
1,000
49523/18
28/09/2018
Renat Bisenbayevich SAKAUOV
1985
train, van
27/08/2018 to
17/09/2018
transit cell
25/03/2019 to
10/04/2019
0.4-2.1 m²
detention in transit facilities; overcrowding; restricted access to toilet; passive smoking; lack of a sleeping place
lack of ventilation, mouldy or dirty cell, inadequate temperature, passive smoking, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of fresh air, overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
49597/18
01/10/2018
Andrey Aleksandrovich SMIRNOV
1984
train, van
04/12/2017 to
25/04/2018
overcrowding, insufficient number of sleeping places, lack or inadequate furniture, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of or inadequate hygienic facilities, frequent strip-searches, lack or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
49699/18
09/10/2018
Ramil Salikhovich ADILOV
1983
train
26/03/2019 to
27/03/2019
overcrowding, insufficient number of sleeping places, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
49714/18
01/10/2018
Aleksandr Aleksandrovich YEGOROV
1991
train, van
25/06/2018 to
27/06/2018
train, van
27/07/2018 to
29/07/2018
train, van
09/11/2019 to
11/11/2019
0.2 m²
0.2 m²
0.2 m²
overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, poor quality of food
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places, no or restricted access to running water, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, poor quality of food
lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, overcrowding, no or restricted access to toilet, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IK-31 Komi Republic since 11/09/2020, pending as of 16/09/2022, video surveillance by opposite-sex operators
1,000
49940/18
01/10/2018
Valeriy Valeryevich AKIMOV
1987
train, transit cell
02/05/2018 to
02/06/2018
0.5 m²
no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, insufficient number of sleeping places, poor quality of food, passive smoking, overcrowding, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in IK-6 Krasnoyarsk Region where he was detained between 02/05 and 10/05/2018, and between 26/05 and 01/06/2018 (video surveillance in a lavatory and/or shower room, opposite-sex operators);
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - in the Sverdlovskiy District Court of Krasnoyarsk on 09/07/2021
8,500
50043/18
09/10/2018
Aleksandr Albertovich SELEZNEV
1958
train, van
05/06/2018 to
05/06/2018
train, van
07/06/2019 to
08/06/2019
overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen
lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, passive smoking, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
50552/18
15/10/2018
Irek Ilfirovich NASIROV
1985
van, transport of the applicant on numerous occasions between the detention facility and the courthouse or to investigators
19/04/2018 to
24/08/2018
0.2 m²
overcrowding, passive smoking, lack of or insufficient electric light, no belts or handles, lack of fresh air, no or restricted access to potable water, inadequate temperature, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate condition during transport and refusal of family visits during detention;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a cage in the court hearings before the Privolzhskiy Circuit Military Court, and the Military Court of the Samara Garrison, trial judgment of 13/03/2019;
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - impossibility to see and have physical contact with the applicant’s wife and relatives
9,750
50942/18
17/10/2018
Tarlan Firudinovich EYLER
1969
transit cell, van, transport on numerous occasions to the courthouse from the detention facility in the period
15/12/2017 to
25/06/2018
lack of fresh air, inadequate temperature, lack of security measures
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - from 15/12/2017 to 25/06/2018 in the Smolninskiy District Court of St Petersburg.
8,500
51296/18
21/09/2018
Nikolay Nikolayevich YEPANOV
1984
van, train
09/04/2018 to
11/04/2018
van, train
23/08/2018 to
25/08/2018
0.67 m²
0.5 m²
overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet
lack of fresh air, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
51558/18
16/01/2019
Anatoliy Vladimirovich BOBKIN
1981
van, train
03/09/2018 to
04/09/2018
van, train
01/10/2018 to
01/10/2018
0.3-0.5 m²
0.4-0.5 m²
overcrowding, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet
overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient electric light
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
51667/18
24/10/2018
Household:
Khalil Fanaviyevich MUSTAFIN
1984
Gulyusa Mauziyevna MUSTAFINA
1950
Fanavi Fatkhebrarovich MUSTAFIN
1948
Sumayya Khalilovna MUSTAFINA
2015
Transport of the first applicant by van, numerous occasions of transport
30/05/2017 to
30/07/2018
lack of fresh air, inadequate temperature, passive smoking, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport in respect of the first applicant;
Art. 8 (1) - restrictions on family visits in pre-trial facilities - the applicants are the detainee and his family members - mother, father, child. Relevant period - from 20/02/2015 to 21/09/2020 (the date of transfer to the correctional facility); they complain that they had been denied family visits while the first applicant was in pre-trial detention during the above indicated period. On 20/02/2015 the first applicant was placed in pre-trial detention. On 30/07/2018 the Privolzhskiy District Military Court convicted him, upheld on appeal – 21/09/2020, by the Supreme Court.
5,000
52172/18
05/11/2018
Irek Rishatovich TAGIROV
1989
van, transit cell, numerous occasions of transport between the detention facility and the courthouse
31/05/2017 to
30/07/2018
0.1-1 m²
lack of fresh air, mouldy or dirty cell, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to warm water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
52378/18
23/10/2018
Radmir Yusifovich MAKSUTOV
1984
van, transit cell, (133 trips), between the detention facility and the courthouse
31/05/2017 to
30/07/2018
lack of or inadequate hygienic facilities, overcrowding, mouldy or dirty cell, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
52685/18
23/10/2018
Bobur Urinboy ugli KHUDAYBERGANOV
1995
train
03/08/2018 to
12/09/2018
overcrowding, no or restricted access to toilet
1,000
52926/18
23/10/2018
Rustem Ravilevich GALLYAMOV
1981
transit cell, van
30/05/2017 to
30/07/2018
train, van
29/10/2020 to
21/11/2020
0.3 m²
0,3 m²
overcrowding, lack of fresh air
insufficient number of sleeping places, passive smoking, no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to potable water, no or restricted access to warm water, lack or insufficient quantity of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
53190/18
01/11/2018
Ilya Sergeyevich SIDORUK
1983
Inna Viktorovna Koltman
Moscow
transport on numerous occasions from the detention facilities to take part in investigative actions or to court hearings
31/05/2015 to
29/05/2018
up to 14 hours per day in the van; lack of fresh air; restricted access to toilet; insufficient quantity of food; inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
53248/18
01/11/2018
Radik Nailevich KHAMIDULLIN
1985
van
12/10/2013 to
24/08/2018
0.25 m²
lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, overcrowding, numerous occasions of transport, between the detention facilities; or to take part in court hearings
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
53331/18
29/10/2018
Aleksandr Vladimirovich MOKHNATKIN
1975
train, van
09/06/2018 to
10/06/2018
train, van
17/11/2018 to
17/11/2018
0.3 m²
lack of or insufficient electric light, insufficient number of sleeping places, no or restricted access to toilet, overcrowding
see above
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
53723/18
05/03/2019
Ruslan Lenurovich NIKITENKO
1997
van, numerous occasions of transport between the detention facilities and the courthouse
09/11/2017 to
16/11/2018
overcrowding, lack of fresh air, no or restricted access to toilet
1,000
53942/18
05/07/2019
Aleksandr Sergeyevich ANISHCHENKO
1987
train
20/02/2019 to
21/02/2019
lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, poor quality of potable water, poor quality of food, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
53971/18
11/12/2018
Rizvan Abdurashidovich SHAKHMARDANOV
1985
train, transit cell, van
14/09/2018 to
28/09/2018
0.4-0.7 m²
overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, lack of safety equipment, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower
1,000
54547/18
22/10/2018
Vladimir Gennadyevich ANDREYEV
1967
train (Syktyvkar - Ukhta) roundtrip
17/05/2018 to
27/06/2018
train (Syktyvkar - Ukhta) roundtrip
15/06/2019 to
07/07/2019
train, van
05/10/2020 to
11/02/2021
0.5 m²
insufficient number of sleeping places, no or restricted access to toilet
insufficient number of sleeping places, no or restricted access to toilet
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
54682/18
03/11/2018
Zemfir Dilshatovich YUNUSOV
1986
transit cell, train
29/06/2018 to
27/08/2018
0.2 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
54788/18
27/02/2019
Stanislav Eduardovich KRACHKOVSKIY
1985
train, several occasions of transport
03/08/2018 to
22/08/2019
no or restricted access to toilet, overcrowding, insufficient number of sleeping places, no or restricted access to running water, lack of or insufficient electric light, lack of or insufficient natural light
1,000
55019/18
07/11/2018
Sergey Viktorovich TKACHEV
1961
train
17/10/2018 to
19/10/2018
lack of fresh air, insufficient number of sleeping places, overcrowding, poor quality of potable water
1,000
5682/20
10/01/2020
Andrey Mikhaylovich TIKHOMIROV
1988
Zaynullin Vladimir Faukatovich
Tyubuk
van
03/09/2019 to
10/09/2019
0.2 m²
overcrowding, detention in a single-occupancy compartment, inadequate temperature, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, transport during the night-time
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
1,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy