Published on 27 March 2023
FIRST SECTION
Application no. 46924/19
Yuriy Vladimirovich GORBUNOV against Russia
and 49 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 3 of the Convention relating to the 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
46924/19
12/08/2019
Yuriy Vladimirovich GORBUNOV
1987
train
21/07/2019 to
26/07/2019
0.2 m²
overcrowding, lack of or poor quality of bedding and bed linen, passive smoking, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to toilet, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
46995/19*
09/08/2019
Maksim Aleksandrovich BALENKO
1979
Igor Alekseyevich Karpov
St Petersburg
van, numerous occasions of transport between the detention facilities or the court house
03/12/2018 to
07/03/2019
train (St Petersburg - Murmansk)
24/03/2019 to
26/03/2019
transport in a "individual" "glass" compartment, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light
insufficient number of sleeping places, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
47164/19
13/08/2019
Aleksandr Sergeyevich SHERYUKOV
1988
train
23/02/2019 to
23/03/2019
0.3 m²
applicant transported on numerous occasions, overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, passive smoking, no or restricted access to toilet
47168/19
19/08/2019
Roman Aleksandrovich BELYKH
1973
train
23/06/2019 to
24/06/2019
0.5 m²
overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, 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
47213/19*
30/08/2019
Arzuman Shirmamed ogly GASANOV
1969
Andrey Mstislavovich Ishchuk
St Petersburg
transit cell, van
17/10/2018 to
05/03/2019
overcrowding, 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
47453/19
15/08/2019
Vladimir Ivanovich CHABANOV
1983
van, train
04/03/2019 to
21/03/2019
0.25 m²
overcrowding, inadequate temperature, lack of handles, lack of or insufficient electric light, no or restricted access to potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
47590/19*
13/12/2019
Ilya Yuryevich KARASHCHUK
1991
transit cell, van
02/04/2018 to
13/12/2019
<0.5 m²
overcrowding, lack of fresh air, inadequate temperature; transport on numerous occasions
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in the criminal proceedings in courtrooms of the Krasnoselskiy District Court of St Petersburg from 29/06/2018 to 16/09/2019 in a metal cage, including by way of videoconference for the appeal hearings held in St Petersburg City Court
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
47591/19
15/08/2019
Aleksey Konstantinovich KUZNETSOV
1982
train, van
24/04/2019 to
25/04/2019
van, train
17/05/2019 to
17/05/2019
0.2 m²
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water
lack of fresh air, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
47621/19
28/08/2019
Ruslan Yuryevich GORLACH
1982
train, van
07/05/2019 to
08/05/2019
0.2-0.3 m²
insufficient number of sleeping places, lack of fresh air, 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 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
47649/19
24/08/2019
Roman Viktorovich BOGOMOLOV
1982
van
29/05/2019 to
18/06/2019
0.3 m²
no or restricted access to toilet, no or restricted access to potable water, lack of fresh air
47752/19*
21/08/2019
Sergey Aleksandrovich BYSTROV
1982
van
15/05/2019 to
11/07/2019
train
17/09/2019
pending
0.3 m²
applicant transported on numerous occasions, overcrowding, lack of fresh air, lack of or insufficient electric light
lack of fresh air, insufficient number of sleeping places, overcrowding, 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
47916/19*
05/08/2019
Maksim Andreyevich BURDEYNYY
1982
Aleksey Mikhaylovich Urlashov
St Petersburg
transit cell, train
14/03/2019 to
26/03/2019
0.3 m²
overcrowding, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, insufficient number of sleeping places, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, constant electric light, lack of fresh air, no ventilation, lack of privacy for toilet, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
47936/19
13/08/2019
Aleksandr Aleksandrovich VANEYEV
1983
train, van
03/04/2019 to
19/06/2019
0.36 m²
‘Stakan’-type compartment, overcrowding, insufficient number of sleeping places, no safety belts and armrest in the van, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack or inadequate furniture, no or restricted access to running water, lack of or insufficient electric light, inadequate temperature, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48112/19
19/08/2019
Kirill Igorevich KOLTS
1996
train, van
25/06/2019 to
13/07/2019
0.23-0.35 m²
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no safety belts
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48211/19*
26/11/2019
Yevgeniy Viktorovich KUDRYASHOV
1978
van
08/07/2020 to
08/07/2020
0,2 m²
inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of requisite medical assistance, no or restricted access to toilet, overcrowding, no or restricted access to warm water, no or restricted access to potable water
48280/19
22/08/2019
Alimbek Radionovich SANSHOKOV
1993
train, transit cell, van
16/04/2019 to
28/05/2019
overcrowding, passive smoking, lack of fresh air, inadequate temperature, insufficient number of sleeping places, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, 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
48409/19
03/09/2019
Viktor Viktorovich CHERNYSHOV
1985
van, train, transit cell in a remand prison
24/05/2019 to
29/05/2019
passive smoking, lack of or insufficient electric light, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, no or restricted access to running water, mouldy or dirty cell, lack of fresh air, poor quality of food, no or restricted access to toilet
48427/19
30/07/2019
Vladimir Nikolayevich OSTRYAKOV
1984
train, van
15/05/2019 to
16/05/2019
train, van
07/06/2019 to
07/06/2019
0.5 m²
0.5 m²
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, no or restricted access to potable water
insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, 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 and in respect of inadequate medical treatment in detention
Art. 3 - inadequate medical treatment in detention – the applicant suffers from HIV and hepatitis, he complains about lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy since 09/09/2013
48452/19
23/08/2019
Sergey Gennadyevich TYAPUYEV
1980
van, train
03/07/2019 to
13/07/2019
insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, overcrowding, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48458/19
21/08/2019
Oleg Sergeyevich BELYAKOV
1973
train, (two trips)
19/05/2019 to
27/05/2019
insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, overcrowding, no or restricted access to toilet, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48477/19
21/08/2019
Dmitriy Stanislavovich VORONOVSKIY
1987
train (Ukhta - Vorkuta)
13/07/2019 to
13/07/2019
insufficient number of sleeping places, 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
48480/19*
03/09/2019
Aleksandr Yuryevich MIKHAYLOV
1992
transit cell, van, train
22/03/2019 to
16/04/2019
inadequate temperature, overcrowding, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48495/19
11/02/2019
Eduard Pavlovich NIZHURIN
1993
van, numerous occasions of transport in the indicated period between the detention facilities; to take part in the investigative actions; or to attend court hearings
01/07/2016
pending
0.2 m²
lack of fresh air, no or restricted access to toilet, overcrowding, sharing cells with inmates infected with contagious disease
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of the placement in a metal cage in court hearings
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Naberezhnyye Chelny Town Court from 30/06/2016 till the conviction on 28/11/2019
48586/19
03/09/2019
Viktor Semenovich CHERNYKH
1967
van, train
26/04/2019 to
26/04/2019
0.3 m²
no or restricted access to potable water, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
48618/19*
30/08/2019
Nikamagomed Magomedovich KARANAYEV
1968
Oleg Petrovich Drobyshev
St Petersburg
transit cell, van
14/03/2019 to
22/07/2019
0.4 m²
lack of fresh air, no or restricted access to toilet, overcrowding
48648/19
03/09/2019
Magomed Sharafudinovich ERZIKHANOV
1994
van, train
10/03/2019 to
11/03/2019
lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, passive smoking
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
49031/19
05/09/2019
Dmitriy Vladimirovich SEKATSKIY
1980
train, transit cell, van
10/04/2019 to
17/05/2019
lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food, 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
49039/19
09/09/2019
Roman Igorevich LEBEDEV
1978
van, train
17/08/2019 to
19/08/2019
lack of or insufficient electric light, lack of or insufficient natural light, 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
49342/19*
03/09/2019
Pavel Vladimirovich NOZDRACHEV
1984
van / train / transit cells (IK-5 - IK-18 Mordovia Republic - SIZO-1 Ryazan - PFRSI-5 Rostov-on-Don - IK-4 Stavropol Region)
05/04/2019 to
08/05/2019
overcrowding, insufficient number of sleeping places, insufficient number of seats in prison vans, no or restricted access to toilet, no or restricted access to potable 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
49520/19
09/09/2019
Leonid Yevgenyevich GUSHANSKIY
1973
van, numerous occasions of transport from the detention facilities to take part in investigative actions or court hearings
03/08/2016 to
17/07/2019
overcrowding, no or restricted access to toilet, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
49535/19
09/09/2019
Ilya Vladimirovich MAY
1992
train, van
03/04/2019 to
05/04/2019
0.3 m²
insufficient number of sleeping places, no or restricted access to toilet
49544/19*
19/02/2020
Artem Yevgenyevich KORENEV
1989
van, train, several instances of transport from the settlement colony to the prison hospital
13/06/2019 to
03/09/2019
0.4 m²
lack of or insufficient electric light, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, 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
49644/19
02/09/2019
Sergey Sergeyevich GRITSENKO
1982
train
05/08/2019 to
06/08/2019
0.3 m²
overcrowding, insufficient number of sleeping places, inadequate temperature, 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 -
49647/19
10/09/2019
Vladimir Anatolyevich SOKOLSKIKH
1978
train
23/02/2019 to
10/03/2019
0.6 m²
lack of or insufficient natural light, lack of or insufficient electric light, no ventilation, passive smoking, insufficient number of sleeping places, convoy checks every 2 hours, lack of or poor quality of bedding and bed linen, no or restricted access to toilet
49869/19*
09/09/2019
Roman Vitalyevich REMESHEVSKIY
1983
train
21/08/2019 to
22/08/2019
0.5 m²
overcrowding, no or restricted access to toilet, lack of privacy for toilet, insufficient number of sleeping places, mouldy or dirty cell, lack of fresh air, passive smoking, 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
49877/19*
05/09/2019
Dmitriy Vadimovich TONKUSHIN
1986
train, two occasions of transport; on the first and the last dates indicated below
17/03/2019 to
06/06/2019
0.3 m²
lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding
49964/19
09/09/2019
Khagani Nusrat ogly NOVRUZOV
1981
Oleg Petrovich Drobyshev
St Petersburg
van
11/07/2019 to
15/08/2019
0.3 m²
overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature, mouldy or dirty cell, lack of privacy for toilet, lack of ventilation
49994/19
10/09/2019
Ivan Borisovich PUTINA
1988
train, van, two journeys to and back from the prison hospital
17/08/2019 to
03/09/2019
overcrowding, no or restricted access to toilet, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
50132/19
24/10/2019
Aleksandr Valeryevich KEVRO
1975
van, train
16/05/2019 to
16/05/2019
0.4 m²
lack of fresh air, no or restricted access to potable water, no or restricted access to 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
50237/19
10/09/2019
Gamzali Shakhpazovich GAZALIYEV
1982
train, van, several trips within the indicated period during the applicant’s transport to serve sentence
21/05/2018 to
10/03/2019
insufficient number of sleeping places, lack of fresh air, passive smoking, overcrowding, no or restricted access to toilet
50354/19
14/09/2019
Oleg Gennadyevich RVYANIN
1984
van, transit cells in remand prisons and colonies
21/03/2019 to
09/05/2019
lack of individual sleeping place, inadequate temperature, mouldy or dirty cell, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, lack of fresh air
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
50542/19
16/09/2019
Rovshan Bakhramovich BAKHSHIYEV
1998
train, van
15/06/2019 to
05/07/2019
0.3 m²
overcrowding, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, no or restricted access to toilet
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
50608/19*
19/08/2019
Ilya Gennadyevich ISHCHENKO
1996
train
21/10/2019 to
26/04/2020
van
05/09/2020 to
05/10/2021
0.1-0.5 m²
overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, passive smoking, inadequate temperature, applicant transported on numerous occasions, detention in a ‘stakan’-type compartment, lack of or poor quality of bedding and bed linen,
poor quality of food, lack of privacy for toilet, applicant transported on numerous occasions, 10 hours’ journeys, transfers between the detention facilities and the courthouses pending criminal proceedings
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
50633/19
18/09/2019
Dmitriy Sergeyevich ZAYTSEV
1978
Marat Farukovich Mazitov
Moscow
van,
31/07/2018 to
22/03/2019
0.26 m²
overcrowding, passive smoking, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, inadequate temperature; numerous occasions of transport
50646/19*
11/01/2020
Artem Mikhaylovich FEDIN
1985
train, transit cell
27/08/2019 to
02/09/2019
overcrowding, insufficient number of sleeping places, no or restricted access to warm water, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
50656/19*
28/10/2019
Nikolay Anatolyevich KONOVALOV
1977
transit cell, train
13/05/2019 to
28/05/2019
lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, passive smoking, overcrowding, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, mouldy or dirty cell
Art. 3 - inadequate conditions of detention after conviction - detention in IK-26 Sverdlovsk Region since 29/05/2019 and ongoing; overcrowding, lack of fresh air, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen
50895/19*
03/09/2019
Vladimir Aleksandrovich PERFILOV
1968
van, train
07/07/2019 to
25/07/2019
inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
51183/19
09/09/2019
Vladimir Valentinovich LAZAREV
1975
train
01/03/2019 to
30/04/2019
0.3 m²
overcrowding, insufficient number of sleeping places, passive smoking, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, poor quality of food, no or restricted access to toilet, lack of fresh air, inadequate temperature
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
51309/19
10/09/2019
Anton Igorevich BARANNIK
1988
train, van
27/06/2019 to
29/06/2019
insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, passive smoking, restricted access to food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport
51991/19
10/09/2019
Aleksandr Sergeyevich BABKIN
1991
train, numerous occasions of transport between the detention facilities during the indicated period
13/12/2018 to
29/04/2019
applicant transported on numerous occasions, overcrowding, passive smoking, lack of fresh air, insufficient number of sleeping places, lack of toiletries
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport