FIRST SECTION
Application no. 54613/08
Aleksey DIDAYEV against Russia
and 8 other applications
(see list appended)
STATEMENT OF FACTS
THE FACTS
Under various circumstances and at different times the applicants were detained on criminal charges and placed in one of the remand prisons of the Astrakhan Region pending trial. The relevant details of each case, as described by the applicants, appear below.
A. Application no. 54613/08 introduced on 18 June 2008
1. The application was lodged by Mr Aleksey Valeryevich Didayev, a Russian national who was born in 1976. He is represented by Mr A. Anokhin, a lawyer practising in Astrakhan.
2. The conditions of the applicant’s pre-trial detention can be summarised as follows:
IZ-30/1
Dates of stay: 1 August 2006 – 12 February 2008
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
54
21
12
12-15
64
24
12
14-16
76
21
12
14-16
B. Application no. 2139/09 introduced on 4 December 2008
3. The applicant, Mr Aleksey Sergeyevich Chernenko, is a Russian national who was born in 1981.
4. The conditions of the applicant’s pre-trial detention can be summarised as follows:
IZ-30/1
Dates of stay: 21 August 2006 – August 2008 (date not specified)
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
21
28
8-10
24-35
88
28
8-10
24-35
95
28
8-10
24-35
100
28
8-10
24-35
C. Application no. 8020/09 introduced on 19 January 2009
5. The applicant, Mr Garadzha Elbrus Ogly Khasmamedov, is an Azerbaijani national who was born in 1973. He is represented by Mr A. Anokhin, a lawyer practising in Astrakhan.
6. The conditions of the applicant’s pre-trial detention can be summarised as follows:
IZ-30/1
Dates of stay: 7 March 2008 – 28 September 2009
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
54
36
10
12-18
59
17.5
6
6
109
50
12
18
D. Application no. 13684/09 introduced on 3 March 2009
7. The applicant, Mr Nariman Mirzagayevich Agayev, is a Russian national who was born in 1961. He is represented by Mr A. Anokhin, a lawyer practising in Astrakhan.
8. The conditions of the applicant’s detention can be summarised as follows:
IZ-30/1
Dates of stay: 20 June 2006 – January 2008 and March 2008 – October 2008 (dates not specified)
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
37
24
10
12-18
69
28
12
13-19
79
28
12
14-18
IZ-30/2
Dates of stay: January 2008 – March 2008 (dates not specified)
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
53
8
2
3-5
114
18
6
15-23
E. Application no. 63850/09 introduced on 7 November 2009
9. The applicant, Mr Boris Gennadyevich Kondyrin, is a Russian national who was born in 1979 and lives in Astrakhan. He is represented by Ms T. Kondyrina.
10. The applicant claimed, in particular, that the cells in which he had been held had been overcrowded to the point that the space had not exceeded one sq. m per person.
F. Application no. 15516/10 introduced on 18 February 2010
11. The applicant, Mr Ildar Gumarbekovich Yerezhipaliyev, is a Russian national who was born in 1960 and lives in Astrakhan. He is represented by Ms Z. Yerezhipaliyeva.
12. The conditions of the applicant’s detention could be described as follows:
IZ-30/1
Dates of stay: 23 August 2008 – 5 November 2009
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
21
12-15
6
6-8
59
12-15
6
6-8
73
12-15
6
6-8
G. Application no. 62450/10 introduced on 15 October 2010
13. The applicants, Mr Yuriy Petrovich Veklenko and Mr Fedor Fedorovich Chernyayev, are Russian nationals who were born in 1956 and 1978 respectively, and live in the Astrakhan Region. They are represented by Mr A. Anokhin, lawyer practising in Astrakhan.
14. Mr Veklenko spent his pre-trial detention in the following conditions:
IZ-30/1
Dates of stay: 30 May 2008 – March 2009 (date not specified)
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
20
no data
6
at least 8
IZ-30/2
Dates of stay: March 2009 (date not specified) – 4 May 2010
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
118
15
4
7-8
15. Mr Chernyayev stayed in the conditions summarised below:
IZ-30/1
Dates of stay: 30 May 2008 – March 2009 (date not specified)
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
23
18
10
10-12
57
16
4
6-8
107
32
12
15-16
IZ-30/2
Dates of stay: March 2009 (date not specified) – 4 May 2010
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
21
30
12
18
87 and 97 (identical)
17.5
4
7-8
H. Application no. 63030/10 introduced on 11 October 2010
16. The applicant, Mr Sergey Aleksandrovich Zaugolnikov, is a Russian national who was born in 1981 and lives in Astrakhan.
17. Before arriving at a correctional colony, the applicant transited through several remand prisons. The conditions of his stay were similar in all the prisons: the cells measured approximately 12 sq. m and were severely overcrowded.
Remand prison
Cell no.
Dates of stay in 2010
IZ-30/2 of Narimanov, the Astrakhan Region
no data
12 February – 8 June
IZ-30/1 of Astrakhan
42
8-19 June
IZ-64/1 of Saratov
228
19-24 June
IZ-52/1 of Nizhniy Novgorod
no data
24-28 June
I. Application no. 22928/11 introduced on 29 March 2011
18. The applicant, Mr Ilya Viktorovich Karyuk, is a Russian national who was born in 1982 and lives in Astrakhan. He is represented by Mr L. Ivanov, a lawyer practising in Astrakhan.
19. The conditions of the applicant’s detention pending trial could be summarised as follows:
IZ-30/2
Dates of stay: 30 June 2009 – 26 January 2010
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
156
10.5
4
3-6
IZ-30/1
Dates of stay: 26 January 2010 – present moment
Cell no.
Approximate cell surface (sq. m)
Design capacity (persons)
Actual population (persons)
35
20.5
10
9
57
20
6
no data
62
14.5
5
4
73
10
6
6
73 (30 June – 12 November 2010)
10
4
5
COMPLAINTS
All the applicants complained under Article 3 of the Convention about the conditions of their detention in remand prisons, in particular, about overpopulated cells. Under the other Articles of the Convention they also raised various issues related to their criminal proceedings.
QUESTIONS TO THE PARTIES
Were the conditions of each applicant’s detention compatible with Article 3 of the Convention? If the Government consider that the occupancy numbers given by the applicants were inaccurate, they are invited to produce extracts from the prison population register covering at least one day per week during the entire period of the applicant’s detention.
ANNEX
No
Application No
Lodged on
Applicant’s name
date of birth
place of birth
Represented by
54613/08
18/06/2008
Aleksey Valeryevich DIDAYEV
15/09/1976
Astrakhan
Aleksandr Anatolyevich ANOKHIN
2139/09
04/12/2008
Aleksey Sergeyevich CHERNENKO
11/09/1981
Engels
8020/09
19/01/2009
Garadzha Elbrus-Ogly KHASMAMEDOV
29/05/1973
Gazakh
Aleksandr Anatolyevich ANOKHIN
13684/09
03/03/2009
Nariman Mirzagayevich AGAYEV
16/01/1961
Kegne-Khudat
Aleksandr Anatolyevich ANOKHIN
63850/09
07/11/2009
Boris Gennadyevich KONDYRIN
03/03/1979
Murmansk
15516/10
18/02/2010
Ildar Gumarbekovich YEREZHIPALIYEV
27/10/1960
Astrakhan
62450/10
15/10/2010
Yuriy Petrovich VEKLENKO
12/02/1956
Ulan-Kholl
Fedor Fedorovich CHERNYAYEV
05/06/1978
Kaspiyskiy
Aleksandr Anatolyevich ANOKHIN
63030/10
11/10/2010
Sergey Aleksandrovich ZAUGOLNIKOV
27/10/1981
Astrakhan
22928/11
29/03/2011
Ilya Viktorovich KARYUK
05/02/1982
Astrakhan
Lev Nikolayevich IVANOV
Full & Egal Universal Law Academy