Published on 24 July 2023
FOURTH SECTION
Application no. 51892/19
Galina Ivanovna CHERNOVA against Russia
and 32 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 3 of the Convention relating to inadequate conditions of detention during transport which are the subject of well-established case law of the Court (see Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Means of transport
Start and end date
Sq. m per inmate
Specific grievances
Other complaints under well-established case-law
51892/19
23/09/2019
Galina Ivanovna CHERNOVA
1971
Andrey Dzhambekovich Bous
Saratov
van, transit cell
25/06/2018 -
pending on the date when the application was lodged with the Court
0.3 m²
lack of fresh air, overcrowding
Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - IZ-1 Saratov, 27/04/2018 - 25/04/2019, restriction of visit of 3 minor daughters, multiple complaints, last time dismissed on 20/06/2019, Saratov Regional Court;
Art. 13 - lack of any effective remedy in domestic law in respect of restriction on prison visits
3396/21
12/12/2020
Timur Arkadyevich STAROSTIN
1998
van
06/05/2019 to
15/07/2020
0.25 m²
lack of fresh air, inadequate temperature, no or restricted access to toilet, passive smoking, lengthy transfers lasting 2.5 to 3 hours
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Naberezhnyye Chelny Town Court, Republic of Tatarstan, 06/06/2019 - 13/07/2020
10911/21*
26/08/2021
Sergey Vladimirovich KOTOV
1979
van, transit cell
13/05/2021 to
25/09/2021
overcrowding, poor quality of food, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
37114/21*
15/10/2021
Danil Anatolyevich BUMAGIN
1994
van
17/05/2021 to
17/05/2021
0.25 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of handrails and seat belts, emergency exits sealed, 10 inmates per the compartment measuring 10 sq. m, transfer between correctional facilities lasting about 3 hours
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 post-conviction detention;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - KP-10 in Irkutsk Region, 13/03/2019 – pending on the date when the application was lodged with the Court; opposite-sex operators, detention in different cells with video surveillance
45963/21
18/08/2021
Oleg Yuryevich ZELEYEV
1989
train
01/01/2021 to
01/03/2021
0.2 m²
overcrowding, insufficient number of sleeping places
Art. 3 - use of metal cages and/or other security arrangements in courtrooms – Justice of Peace of the Vologda Region, 06/10/2020 - 11/03/2021;
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
46495/21
18/08/2021
Pavel Vasilyevich GONCHAROV
1979
train, van
25/04/2021 to
27/05/2021
insufficient number of sleeping places, overcrowding, lack of or poor quality of bedding and bed linen, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
46543/21
26/08/2021
Yevgeniy Sergeyevich BORODIN
1990
van
14/05/2021 to
14/05/2021
0.25 m²
overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet
46605/21
28/08/2021
Vladimir Valeryevich OTPUSHCHENNIKOV
1990
van, train
26/03/2021 to
27/03/2021
<0.5 m²
insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water, long waiting at the station tied to a cable and visible to many other passengers
50024/21*
01/11/2021
Viktor Vladimirovich RUBLYA
1985
van
19/11/2020 to
11/05/2021
0.6 m²
applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, lack of seatbelts, 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
58083/21
09/11/2021
Ilnur Ilsurovich GALIYEV
1992
van
21/05/2021 to
21/05/2021
van
22/01/2022 to
13/02/2022
0.14 m²
0.35 m²
inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding
bunk beds, overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water
58140/21*
24/10/2021
Marat Azatovich MUZAFAROV
1986
van
27/08/2021 to
27/08/2021
<0.8 m²
overcrowding, low ceiling, absence of safety belts, no or restricted access to toilet, lack or inadequate furniture, no or restricted access to warm water, absence of a ventilation system
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
61245/21
15/06/2022
Aleksey Vladimirovich DOROFEYEV
1989
van, train
13/01/2022 to
09/05/2022
0.3-0.4 m²
overcrowding, 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 potable water, no or restricted access to toilet, lack of or insufficient quantity of food, lack of privacy for toilet
2152/22
08/02/2022
Kirill Valeryevich CHERNUKHO
1989
van, train (Stolypin)
28/10/2021 to
30/10/2021
0.4 m²
3022/22
06/12/2021
Dmiutriy Alekseyevich SUKHOV
1993
van, train
19/06/2021 to
08/07/2021
lack of fresh air, passive smoking, no or restricted access to toilet, lack of privacy for toilet, poor quality of food, overcrowding, 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
7059/22*
01/02/2022
Aleksey Vladimirovich RUBCHAKOV
1982
train
09/09/2021 to
10/11/2021
0.5 m²
lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, passive smoking, lack of fresh air, 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
10534/22*
31/01/2022
Sergey Ivanovich BURNASHOV
1988
van (stakan), train
02/10/2021 to
26/10/2021
overcrowding, inadequate temperature, lack of fresh air, lack of handles and seat belts, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water
10674/22
07/02/2022
Yevgeniy Yuryevich FOMIN
1987
train, van
23/08/2021 to
26/10/2021
0.36 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, no or restricted access to potable water, lack or inadequate furniture, 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
13016/22*
25/01/2022
Kirill Igorevich MURASHOV
1984
van
19/07/2018 to
18/11/2021
0.3 m²
overcrowding, passive smoking, applicant transported on numerous occasions, inadequate temperature, lack of fresh air
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Lomonosovskiy District Court of the Leningrad Region; Leningrad Regional Court (including via the video link from SIZO‑1 Leningrad Region; 19/07/2018 - 01/12/2021.
14798/22
06/04/2022
Andrey Anatolyevich PELTSER
1987
train, van
27/02/2021 to
16/03/2022
overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient natural light, insufficient number of sleeping places, 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
15692/22*
27/02/2022
Roman Aleksandrovich RODIONOV
1988
van
25/06/2020 -
pending on the date when the application was lodged with the Court
0.25 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms in the trial court (District Court) during the hearings in his criminal case - 25/06/2020 -pending on the date when the application was lodged with the Court
18077/22*
11/03/2022
Ivan Viktorovich ANASHKIN
1983
train
15/01/2022 to
30/01/2022
0.45 m²
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
20109/22*
30/03/2022
Sergey Pavlovich KONDRATYEV
1986
van
14/04/2021 -
pending on the date when the application was lodged with the Court
0.2 m²
applicant transported on numerous occasions, lack of fresh air, inadequate temperature, no or restricted access to toilet, 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
20872/22*
30/03/2022
Radmir Germanovich MALAFEYEV
1995
van, convoy cell
09/07/2021 to
30/11/2021
0.35 m²
applicant transported on numerous occasions, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - SIZO-1 Tver Region, 08/07/2021 - 06/01/2022, detention in different cells with video surveillance, opposite-sex operators
26132/22*
29/04/2022
Malik Muratdinovich ARABOV
1992
Elik Yevgenyevich Abdrashitov
Orel
train
06/12/2021 to
08/01/2022
0.3 m²
insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet
29110/22
15/05/2022
Farit Azatovich SHARIFULLIN
1988
Vadim Olegovich Ivanov
Verkhneyarkeeva
van, convoy cells in courts
21/02/2020 to
28/04/2022
0.2 m²
overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of or insufficient natural light, lack of fresh air, lack of or insufficient electric light, lack of privacy for toilet
29584/22*
10/05/2022
Pavel Sergeyevich TYUKAYEV
1986
train
21/11/2021 to
02/12/2021
a single-prisoner cubicle (“stakan”)
18/02/2022 to
18/02/2022
applicant transported on numerous occasions, (duration of transport of 8-9 hours on each occasion), lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, insufficient number of sleeping places, inadequate temperature, lack of or insufficient quantity of food, no or restricted access to potable water, overcrowding, lack of or poor quality of bedding and bed linen
duration of transport of 2 hours, the applicant had a cast on his leg and was on crutches
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
30055/22*
25/05/2022
Aleksandr Andreyevich POPOV
1984
train
28/11/2021 to
29/11/2021
0.4 m²
no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food, insufficient number of sleeping places, overcrowding, passive smoking, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
30075/22
30/05/2022
Vyacheslav Mikhaylovich GUZIYEV
1966
van
17/04/2017 to
16/05/2022
<0.4 m²
applicant transported on numerous occasions, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, 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
34241/22*
18/06/2022
Pavel Borisovich KUZMICH
1978
train, van
07/06/2021 to
25/01/2022
no info m²
lack of fresh air, lack of or insufficient electric light, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of privacy for 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
35303/22*
21/06/2022
Agadzhan Sergeyevich AVANESOV
1976
Nikita Aleksandrovich Tugov
Moscow
van
29/10/2020 -
pending on the date when the application was lodged with the Court
applicant transported on numerous occasions, lack of fresh air, no or restricted access to toilet, passive smoking
41182/22
30/07/2022
Rail Rafailovich ABDRAKHMANOV
1988
van
11/11/2020 -
pending on the date when the application was lodged with the Court
0.7-0.5 m²
applicant transported on numerous occasions, overcrowding, lack of or insufficient natural light, inadequate temperature
46233/22*
15/09/2022
Maksim Yevgenyevich STOPAREV
1980
Andrey Yevgenyevich Golubenko
Nea Skiony
van, train
03/04/2022 to
12/06/2022
0.3 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to potable water, inadequate temperature, lack of or insufficient electric light, insufficient number of sleeping places, lack of or insufficient natural light
Art. 3 - inadequate conditions of detention – IK‑24 in Azanka, Sverdlovsk Region, 12/06/2022 - pending on the date when the application was lodged with the Court, 2 sq. m. per person, overcrowding, lack of or insufficient electric light, passive smoking, lack of fresh air, bunk beds, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance
14334/23*
04/07/2022
Aleksandr Viktorovich EBERT
1984
van
20/04/2020 to
27/06/2022
0.5 m²
applicant transported on numerous occasions, overcrowding, inadequate temperature
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - remand centre IZ-1 in St Petersburg from 27/04/2019 until at least 04/07/2022 (the date of the introduction of the application). The applicant was held in two different cells with video surveillance. The video surveillance was performed by operators of the opposite sex;
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