Published on 24 April 2023
THIRD SECTION
Application no. 58032/19
Sergey Vladimirovich SUNTSOV against Russia
and 47 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 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
Means of transport
Start and end date
Sq. m per inmate
Specific grievances
Other complaints under well-established case-law
58032/19*
23/09/2019
Sergey Vladimirovich SUNTSOV
1987
train
23/06/2019 to
26/06/2019
train
15/07/2019 to
17/07/2019
0.3 m²
0.3 m²
lack of or inadequate hygienic facilities, insufficient number of sleeping places, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water
lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water
58059/19
23/09/2019
Aleksandr Pavlovich UTTE
1989
train
08/06/2019 to
09/06/2019
lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, insufficient number of sleeping places
58065/19
10/10/2019
Kirill Aleksandrovich DEMIN
1982
train
25/04/2019 to
26/04/2019
insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
58253/19
24/10/2019
Petr Aleksandrovich TITAYEV
1950
train
27/07/2019 to
29/07/2019
insufficient number of sleeping places, no or restricted access to toilet, 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.
58266/19
14/11/2019
Vladimir Sergeyevich NIZAMEYEV
1992
van, train
26/08/2019 to
05/10/2019
0.3 m²
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.
58652/19
20/01/2020
Artem Gennadyevich KOZYREV
1997
van (SIZO-1 Krasnoyarsk - Sovetskiy District Court of Krasnoyarsk) multiple roundtrips
01/10/2016
and ongoing on the date when the application was lodged with the Court
overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature, lack of fresh air, insufficient number of seats in a van
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
58706/19*
28/01/2020
Danil Vladimirovich NOVOSELTSEV
1982
van, train
02/08/2019 to
06/09/2019
0.2 m²
lack of fresh air, insufficient number of sleeping places, inadequate temperature, infestation of cell with insects/rodents, poor quality of potable water, 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.
58770/19*
19/12/2019
Aleksandr Anatolyevich YEGOROV
1971
train, van
27/07/2019 to
15/09/2019
overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, applicant transported on numerous occasions
59036/19
23/10/2019
Anatoliy Anatolyevich SHEVCHENKO
1966
train
25/04/2019 to
26/04/2019
0.3 m²
overcrowding, 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.
59092/19*
05/01/2020
Sergey Vladimirovich ORLOV
1991
train
15/09/2019 to
17/09/2019
overcrowding, passive smoking, no or restricted access to toilet, insufficient number of sleeping places
59099/19*
05/01/2020
Dmitriy Gennadyevich TANGOV
1982
train
15/09/2019 to
17/09/2019
overcrowding, passive smoking, no or restricted access to toilet, insufficient number of sleeping places
59148/19*
30/10/2019
Valeriy Pavlovich TROYEGLAZOV
1968
train, round trip from the colony to the prison hospital and then back
15/08/2019 to
19/09/2019
0.4 m²
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.
59182/19*
30/10/2019
Sergey Nikolayevich SMETANIN
1991
train
27/09/2019 to
27/09/2019
train
19/10/2019 to
19/10/2019
inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding
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.
59516/19*
05/11/2019
Eduard Viktorovich BAKHONSKIY
1984
train, (two trips)
01/11/2019 to
17/11/2019
train
31/03/2021 to
31/03/2021
0.5 m²
insufficient number of sleeping places, overcrowding, no or restricted access to toilet
lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, 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 - and in respect of inadequate conditions of detention;
Art. 3 - inadequate conditions of detention after conviction - conditions of detention in the IK-31 Komi Republic from 06/08/2021 – and pending on the date when the application was lodged with the Court, 2 sq. m of personal space, inadequate ventilation, inadequate furniture in the cell, no free access to the window and to the radio, no or restricted access to warm water.
59582/19*
10/10/2019
Aleksey Anatolyevich KULESHOV
1980
van, numerous occasions of transport since
05/02/2014 and ongoing on the date when the application was lodged with the Court
0.2-0.3 m²
overcrowding, low ceiling, lack of safety belts, 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 placement in a metal cage during court hearings;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage during the hearings at Oktyabrskiy District Court of St Petersburg and via videoconference before the Moskovskiy District Court of St Petersburg, St Petersburg City Court, etc., during the criminal proceedings against the applicant.
59585/19*
30/10/2019
Sergey Aleksandrovich SAZHIN
1981
train
15/09/2019 to
16/09/2019
0,3 m²
overcrowding, insufficient number of sleeping places, 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;
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in SHIZO at IK-25 Komi Republic by female operators from 30/06/2021 to 02/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room.
59760/19
22/10/2019
Nikolay Vladimirovich TARABUKIN
1980
train
15/06/2019 to
16/06/2019
lack of fresh air, lack of or inadequate hygienic facilities, insufficient number of sleeping places, 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.
59919/19
25/10/2019
Dmitriy Sergeyevich MASLENNIKOV
1977
van, train, round trip from
IK-29 Kirov Region to prison hospital LIU-12 Kirov Region
09/08/2019 to
29/09/2019
overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking
59937/19*
29/10/2019
Sergey Aleksandrovich BARDINOV
1977
van, numerous occasions of transport from the detention facility to take part in court hearings or investigative actions
27/12/2017 to
30/08/2020
train
11/04/2020 to
17/06/2020
train
01/10/2020 to
15/02/2021
0.1 m²
0.3 m²
lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, lack of safety belts, no or restricted access to toilet
passive smoking, overcrowding, no or restricted access to toilet, lack of fresh air
lack of fresh air, lack of personal space, lack of or insufficient electric light, inadequate temperature, overcrowding, passive smoking, no or restricted access to warm water, no or restricted access to toilet, lack of privacy for 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.
59986/19
24/10/2019
Aleksandr Sergeyevich KOMAROV
1987
train, van
28/07/2019 to
29/07/2019
lack of fresh air, lack of or inadequate hygienic facilities, 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.
60027/19*
18/02/2020
Denis Sergeyevich KYZYUROV
1983
van, train
27/09/2019 to
13/10/2019
train, van
04/03/2021 to
25/03/2021
0.4 m²
0.33-0.64 m²
insufficient number of sleeping places, no or restricted access to toilet, lack or insufficient quantity of food
applicant transported on numerous occasions, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, , lack of privacy for toilet, no or restricted access to potable water, no or restricted access to toilet, overcrowding, passive smoking, 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;
Art. 3 - inadequate medical treatment in detention - Heart condition, hepatitis, stomach ulcer - lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy from 01/06/2012 – ongoing on the date when the application was lodged with the Court; On 23/12/2021 the Syktyvkar Town Court of the Komi Republic awarded the applicant compensation (RUB 45,000) and ordered the penitentiary establishment to conduct the necessary medical examination (stomach biopsy, blood tests, etc.). Dissatisfied with the awarded amount, he appealed (last – cassation appeal before the Supreme Court of Russia on 18/11/2022).
60281/19*
18/12/2019
Vatslav Vladimirovich ZUBEYKO
1970
train, van
02/09/2019 to
20/09/2019
overcrowding, lack of fresh air, lack or insufficient quantity of food, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to warm water, insufficient number of sleeping places
60320/19
21/10/2019
Artem Alekseyevich POPOVTSEV
1984
van, train
30/04/2019 to
12/08/2019
0.4 m²
lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no ventilation, no safety belts, no or restricted access to toilet, overcrowding, insufficient number of sleeping places, passive smoking, poor quality of food
60334/19*
28/10/2019
Maksim Valeryevich STEPANOV
1981
train, van
02/09/2019 to
20/09/2019
0.8 m²
overcrowding, lack or insufficient quantity of food, no or restricted access to warm water, no ventilation, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack of toiletries, poor quality of food
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;
Art. 3 - inadequate conditions of detention after conviction - IK-24 Komi Republic from 20/09/2019 – ongoing on the date when the application was lodged with the Court; overcrowding, 0.5 sq. m of personal space, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient quantity of food.
60373/19
13/11/2019
Nikolay Vasilyevich SOBOLEVSKIY
1949
train, van
30/08/2019 to
01/10/2019
0.5 m²
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack or insufficient quantity of food, 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.
60715/19*
11/11/2019
Nikolay Vasilyevich FILIPPOV
1991
van, train
25/08/2019 to
25/08/2019
0.3-0.5 m²
lack of fresh air, overcrowding, lack or insufficient quantity of food, no or restricted access to potable water, insufficient number of sleeping places, lack of ventilation, 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 and in respect of inadequate conditions of detention after conviction;
Art. 3 - inadequate conditions of detention after conviction - IK-25 Komi Republic from 01/05/2016 – ongoing on the date when the application was lodged with the Court, overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of ventilation, infestation of cell with insects/rodents, lack of fresh air.
60842/19*
26/12/2019
Saken Nazarbekuly BAYDAULETOV
1979
van, transit cell, numerous occasions of transport between the detention facility and the courthouse
26/03/2018 to
05/08/2019
insufficient number of sitting places, overcrowding, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to toilet, 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;
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage in a large number of hearings before the Primorskiy District Court of St Petersburg from 26/03/2018 to 05/08/2019.
60949/19*
22/01/2020
Ilya Vasilyevich ZLOBIN
1995
van – multiple transfers pending criminal proceedings between detention facilities and a courthouse
16/08/2016 to
10/01/2020
0.3 m²
insufficient number of seats, overcrowding, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature
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 - Leninskiy District Court of Krasnoyarsk from 11/09/2018 to 10/01/2020, Krasnoyarsk Regional Court on 12/11/2020 - the applicant was detained in a metal cage/overcrowded glass cabin. According to the applicant, he was placed in a glass cabin measuring
3.24 sq. m together with 8 more people. He did not have an opportunity to sit, there was no table to put documents on; inadequate temperature and lack of fresh air due to overcrowding. Lack of access to potable water and to toilet, dirt in the glass cabin.
60951/19
09/12/2019
Yevgeniy Vladimirovich BALANDIN
1985
van, numerous occasions of transport between the detention facilities and the courthouse or to take part in investigative actions, convoy cells in the Sovetskiy District Court of Krasnoyarsk
28/02/2019 to
31/01/2020
0.2 / 1 m²
inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, 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 - Confinement in an overcrowded glass cabin in the Sovetskiy District Court of Krasnoyarsk from 28/02/2019 to 31/01/2020
60990/19*
08/11/2019
Vladimir Leonidovich KOROSTELEV
1950
van, numerous occasions of transport between the detention facilities and the courthouse
02/03/2012 to
27/05/2019
0.3 m²
lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, poor quality of potable water
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
61138/19
07/11/2019
Yevgeniy Olegovich ZHILEYKIN
1978
van, numerous occasions of transport between the detention facility and the courthouse and detention in convoy cells
25/05/2016 to
24/06/2019
0.3 m²
overcrowding
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the Krasnogvardeyskiy District Court of St Petersburg from 25/05/2016 to 24/06/2019.
61180/19
12/11/2019
Viktor Ivanovich SEREDKIN
1988
train
06/07/2019 to
29/07/2019
0.1 m²
overcrowding, passive smoking, lack of fresh air
61270/19
12/11/2019
Petr Alekseyevich GRUZINOV
1986
train
26/08/2019 to
23/09/2019
no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, insufficient number of sleeping places
61305/19*
05/11/2019
Petr Alekseyevich NAFIKOV
1989
train
17/09/2019 to
17/09/2019
train
26/09/2019 to
26/09/2019
0.2‑0.7 m²
0.2-0.6 m²
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 poor quality of bedding and bed linen
see above
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
62267/19
23/03/2020
Stanislav Olegovich PETROV
1989
van, numerous occasions of transport between the detention facility and the courthouse
since 18/06/2019
and ongoing on the date when the applicant lodged his application with the Court
0.4 m²
lack of fresh air, passive smoking, overcrowding, poor quality of food, lack of safety belts and handles, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, 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.
62489/19*
19/11/2019
Vladimir Aleksandrovich SAMOKHIN
1981
train
13/09/2019 to
28/09/2019
overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, passive smoking, 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.
62668/19
07/02/2020
Sergey Aleksandrovich GMYL
1989
van
27/08/2019 to
27/08/2019
0.2 m²
overcrowding, lack of safety belts, lack of fresh air, inadequate temperature, no or restricted access to potable water, lack of or insufficient natural light
62687/19*
11/11/2019
Ruslan Anatolyevich POTAPOV
1966
van, train
13/07/2019 to
14/07/2019
insufficient number of sleeping places, overcrowding, 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.
62732/19
17/11/2019
Roman Vitalyevich SIMAKOV
1989
train, several trips between the detention facilities
21/05/2019 to
13/10/2019
insufficient number of sleeping places, lack of fresh air, 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.
62735/19
18/11/2019
Rustam Yusupovich ANTASHKIYEV
1983
train
31/03/2019 to
08/08/2019
no or restricted access to toilet, no or restricted access to potable water, overcrowding, insufficient number of sleeping places
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.
62873/19*
18/11/2019
Maksim Andreyevich ANDRIANOV
1981
van, transit cell, convoy cells, numerous occasions of transport between the detention facility and the courthouses or to take part in investigative actions
15/10/2018 to
17/10/2019
overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, lack of ventilation, inadequate temperature, lack of or insufficient natural light, passive smoking
62931/19*
10/06/2020
Yuriy Aleksandrovich ANFIMOV
1971
van
29/07/2021 to
29/07/2021
0,3 m²
no or restricted access to toilet, the applicant was transported alone in a compartment measuring 0.55 by 0.55 m
63162/19*
30/01/2020
Maksim Vyacheslavovich LITOVCHENKO
1975
train
11/10/2019 to
04/11/2019
insufficient number of sleeping places
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 of detainees,
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - constant video surveillance in IK-8 Komi Republic from 17/04/2014 to 11/05/2021, opposite-sex operators.
63308/19
18/11/2019
Eres Saryg-Oolovich BADYNAM
1980
van, numerous occasions of transport between the detention facility and the courthouse
02/07/2019 to
26/08/2019
0.3 m²
overcrowding, lack of fresh air, 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.
63362/19*
19/02/2020
Mikhail Vasilyevich ERLIKH
1975
train
17/09/2019 to
18/09/2019
0.4 m²
overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, insufficient number of sleeping places, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light
63493/19*
29/01/2020
Aleksey Gennadyevich TETERIN
1973
train
25/08/2019 to
26/08/2019
no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, insufficient number of sleeping places
63566/19*
21/11/2019
Valeriy Mikhaylovich OBREZKOV
1956
train, several occasions of transport between the detention facilities/the prison hospital
20/04/2019 to
30/07/2019
0.2-0.4 m²
overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or insufficient electric light, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature
63782/19
21/11/2019
Anatoliy Aleksandrovich FILIPPOV
1996
train, several occasions of transport within the indicated period
21/05/2019 to
13/10/2019
overcrowding, passive smoking, insufficient number of sleeping places, applicant transported on numerous occasions, 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.