MOROZOV AND OTHERS v. RUSSIA - 37564/19 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 151 (15 February 2024)

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You are here: BAILII >> Databases >> European Court of Human Rights >> MOROZOV AND OTHERS v. RUSSIA - 37564/19 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 151 (15 February 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/151.html Cite as: [2024] ECHR 151

FOURTH SECTION

CASE OF MOROZOV AND OTHERS v. RUSSIA

(Applications nos. 37564/19 and 47 others -

see appended list)

JUDGMENT

STRASBOURG

15 February 2024

This judgment is final but it may be subject to editorial revision.

In the case of Morozov and Others v. Russia,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 January 2024,

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 LAW

JOINDER 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.

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 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 Blokhin v. Russia [GC], no. 47152/06, §§ 120-50, 23 March 2016, concerning lack of medical assistance in detention; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 122-39, ECHR 2014 (extracts), as regards detention in a metal cage during court hearings; Tomov and Others, cited above, §§ 114-56, concerning absence of an effective remedy to complain about poor transport conditions; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees).

13. In view of the above findings, the Court considers that there is no need to deal separately with the complaint lodged by some applicants under Article 13 of the Convention in respect of their placement in a metal cage in the courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. 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 applications admissible;
Holds that these applications 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 lodged by some applicants under Article 13 of the Convention in respect of their 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 15 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention during transport)

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 (in euros)[1]
37564/19 02/07/2019	Artem Aleksandrovich MOROZOV 1982		van, numerous occasions of transport from the detention facility to the courthouse (roundtrip) 16/09/2017 to 15/04/2019	0.3 m²	overcrowding, lack of fresh air, passive smoking, lack or insufficient quantity of food, no ventilation, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to shower		1,000
37675/19 21/06/2019	Ramil Zinatdinovich RIZVANOV 1980		train, transit cell, van 09/04/2019 to 08/05/2019		lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to shower, overcrowding, 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
37699/19 20/07/2019	Petr Petrovich KOSTELETSKIY 1957		van 29/05/2019 to 05/06/2019		no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, overcrowding		1,000
37877/19 02/07/2019	Aleksey Vasilyevich LITVINOV 1978		train, transit cell, van 21/12/2018 to 04/02/2019	0.3 m²	overcrowding, inadequate temperature, passive smoking, lack of fresh air, no or restricted access to warm water	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
37961/19 27/06/2019	Sergey Yuryevich POZDNYAKOV 1980		train, van 14/06/2019 to 15/06/2019		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	1,000
37971/19 27/06/2019	Albert Aleksandrovich CHERNOV 1982		van, train 15/06/2019 to 15/06/2019 van, train 13/07/2019 to 14/07/2019		overcrowding, no or restricted access to toilet, no or restricted access to potable water lack of fresh air, insufficient number of sleeping places, 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	1,000
38026/19 04/07/2019	Aleksandr Viktorovich LESHCHINSKIY 1984		train, van 02/06/2019 to 13/06/2019	<0.4 m²	insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of fresh air, 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	1,000
39192/19 08/07/2019	Nikolay Vasilyevich SIDOROV 1957		train, van, transit cell 29/12/2018 to 29/01/2019		no or restricted access to toilet, no or restricted access to potable water, passive smoking, overcrowding, lack of fresh air, 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
39513/19 24/10/2019	Aleksey Valentinovich PRYAKHIN 1991		train, transit cell, van 02/09/2019 to 12/09/2019		overcrowding, 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	1,000
40006/19 18/09/2019	Vladimir Vladimirovich BALABANOV 1969		train 23/05/2019 to 24/05/2019 van 19/06/2019 to 19/06/2019	0.2 m <0.5 m²	overcrowding, lack of fresh air, 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 natural light, lack of or insufficient electric light, lack or insufficient quantity of food, lack of ventilation see above	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
40060/19 16/07/2019	Nikolay Nikolayevich KRYUCHKOV 1983		van, train, numerous occasions of transport between the detention facilities to take part in investigative actions and court hearings 01/04/2017 - ongoing on the date when the application was lodged		lack of fresh air, insufficient number of sleeping places, constant electric light, 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
40725/19 19/07/2019	Zelimkhan Khalidovich DUDAYEV 1979		train, transit cell, van 26/03/2019 to 16/04/2019	0.5 m²	overcrowding, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, numerous occasions of transport, inadequate temperature, 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
40818/19 04/07/2019	Sergey Aleksandrovich DANILOGORSKIY 1976		IVS Pechora - SIZO-3 Vorkuta, van, train 02/06/2019 to 03/06/2019	<1 m²	overcrowding, insufficient number of sleeping places, lack of fresh air, 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
40909/19 05/07/2019	Said Aladdinovich ASADULLAYEV 1980		numerous occasions of transport, train, van 15/09/2016 to 15/06/2019		overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, 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	1,000
40912/19 09/07/2019	Musa Gasangulu ogly GANBAROV 1993		numerous occasions of transport, van, train 13/04/2018 to 15/06/2019		overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of fresh air, 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	1,000
40918/19 03/07/2019	Andrey Shaukyatovich KHAYBULLOV 1985		numerous occasions of transport, train 18/03/2019 to 25/06/2019		overcrowding, 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	1,000
41555/19 19/07/2019	Taus Kyurayevich AKHTAKHANOV 1979		train, transit cell, van, (several trips) 26/03/2019 to 16/04/2019		inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, overcrowding, 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
41854/19 02/03/2020	Artem Yakovlevich ALEYEV 1982		transit cell, van 30/03/2019 to 04/09/2019		lack of fresh air, lack of or insufficient natural light, passive smoking, no or restricted access to running 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; Art. 8 (1) - permanent video surveillance of detainees in post-conviction detention facilities - IK-42 Krasnoyarsk Region, 09/02/2020 - 18/02/2021, opposite-sex operators	1,000
42522/19 19/07/2019	Umar Amadiyevich BAYSIYEV 1975		transit cell, van, train 26/03/2019 to 16/04/2019		overcrowding, passive smoking, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, inadequate temperature, 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
42733/19 24/07/2019	Denis Gennadyevich GRIGORYEV 1985	Aleksandr Vladimirovich Kiryanov Taganrog	train, van, transit cell 21/01/2019 to 02/02/2019		lack of or inadequate hygienic facilities, no or restricted access to toilet, 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	1,000
42736/19 13/08/2019	Nikita Mikhaylovich SURZHIKOV 1990		train, transit cell 24/12/2018 to 14/02/2019		insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, 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
42809/19 29/07/2019	Irina Anatolyevna MEDKO 1983	Svetlana Anatolyevna Toreyeva Moscow	van, transit cell 22/01/2019 to 29/01/2019	0.3 m²	inadequate temperature, lack of or insufficient natural light, mouldy or dirty cell, 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	1,000
44576/19 30/07/2019	Andrey Alekseyevich MEDOVIKOV 1989		train 15/03/2019 to 27/04/2019	0.3 m²	lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, overcrowding, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
44648/19 22/07/2019	Sergey Borisovich ASAFOV 1979		train, van 13/02/2019 to 13/03/2019 train, van 21/02/2019 to 22/02/2019	<1 m² <2 m²	insufficient number of sleeping places, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, passive smoking lack of privacy for toilet, passive smoking, insufficient number of sleeping places, 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	1,000
44717/19 14/10/2019	Vladimir Yuryevich KARNAUKH 1976		van 21/07/2019 to 21/07/2019	0.3 m²	overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of ventilation	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
44841/19 25/07/2019	Aleksey Viktorovich FROLOV 1986		train 09/05/2019 to 11/05/2019	0.3 m²	no or restricted access to toilet, lack of privacy for toilet, lack of ventilation, inadequate temperature, lack of or poor quality of bedding and bed linen		1,000
44859/19 17/07/2019	Eduard Rudolfovich PETSYUKH 1988		van, multiple transfers in single-occupancy compartments in prison vans 23/11/2018 to 15/04/2019	0.2 m²	inadequate temperature, numerous occasions of transport, overcrowding	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
45079/19 08/08/2019	Aleksey Vasilyevich PILYUGIN 1984		train, van 22/12/2018 to 12/02/2019		no or restricted access to running water, no or restricted access to toilet, overcrowding, passive smoking, lack of fresh air, insufficient number of sleeping places, 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	1,000
45146/19 04/07/2019	Dmitriy Gennadyevich SOLOVYEV 1979		van, train 09/11/2018 to 29/03/2019	0.37 m²	no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places		1,000
45192/19 24/07/2019	Yuriy Vladimirovich ALESHIN 1996		train 23/04/2019 to 24/04/2019	0.3 m²	overcrowding, lack or inadequate furniture, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, no ventilation		1,000
45338/19 24/07/2019	Vitaliy Nikolayevich AVDOSHKIN 1987		train 21/02/2019 to 22/02/2019	<3 m²	overcrowding, passive smoking, inadequate temperature, no or restricted access to toilet		1,000
45449/19 09/01/2020	Ilya Vladimirovich MILCHAKOV 1982		van, transit cell 09/07/2019 to 09/07/2019		no or restricted access to toilet, lack of fresh air, no or restricted access to potable water, lack of or insufficient electric light		1,000
45495/19 09/08/2019	Denis Vladimirovich GEYETS 1985		train 13/03/2019 to 07/04/2019	0.3 m²	inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, overcrowding, passive smoking, no ventilation	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
45925/19 22/07/2019	Aleksandr Mikhaylovich GUSEV 1963		train, transit cell, van 28/12/2018 to 29/01/2019		overcrowding, 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
46032/19 30/07/2019	Viktor Aleksandrovich MAMONOV 1986		van, train 22/05/2019 to 27/06/2019	0.4 m²	no or restricted access to toilet, no or restricted access to potable water, 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	1,000
46042/19 22/07/2019	Anatoliy Anatolyevich AFANASYEV 1984		train, van 24/01/2019 to 25/01/2019	0.4 m²	overcrowding, insufficient number of sleeping places, lack of or insufficient natural light		1,000
46057/19 01/08/2019	Pavel Vladimirovich KLOCHIKHIN 1986		train 14/05/2019 to 08/06/2019		overcrowding, 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	1,000
46129/19 14/11/2019	Vladimir Viktorovich ILYIN 1963		numerous occasions of transport by train, van 19/07/2019 to 16/09/2019 van, train 13/03/2020 to 05/04/2020 van, train 14/08/2020 to 04/09/2020 van, train 25/05/2021 to 30/08/2021	0.4-0.5 m² 0.44 m² 0.4 m²	lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food inadequate temperature, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking, lack of fresh air, the transfer by van lasted 1 hour, the transfer by train lasted 9 hours	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 - lack of/delay in consultation by a specialist, lack of/delay in medical examination, lacking/delayed drug therapy, lack of practical treatment, refusal of dental prosthetic service free of charge; serious pain, caries, and gum disease.	8,500
46215/19 02/08/2019	Ruslan Georgiyevich ARUTYUNYAN 1978		van, train 16/02/2019 to 17/02/2019		overcrowding, 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	1,000
46220/19 21/08/2019	Aleksey Vyacheslavovich AVDONIN 1986		train, van 15/07/2019 to 17/07/2019		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 or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, 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	1,000
46326/19 09/08/2019	Igor Nikolayevich CHEBOTARU 1970		train, van 12/02/2019 to 13/02/2019		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 potable water, no or restricted access to toilet		1,000
46500/19 13/11/2019	Mikhail Nikolayevich CHERTOV 1983		van 11/04/2018 to 29/05/2019	<0.4 m²	overcrowding, 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
46556/19 08/08/2019	Yevgeniy Alekseyevich POPELYSHKO 1994		van, train 25/04/2019 to 26/04/2019	0.3 m²	insufficient number of sleeping places, 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 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - metal cage in the district court used during the entire proceedings: hearings on 04/12/2020, 24/12/2020, 14/01/2021, 03/02/2021, 15/02/2021 and 04/03/2021	8,500
46587/19 10/08/2019	Igor Petrovich GANUS 1965		train, cells in remand prison 23/01/2019 to 13/02/2019	0.2 m²	overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food		1,000
46647/19 20/08/2019	Yuriy Yuryevich KAZARYAN 1969		van, train 03/06/2019 to 04/06/2019 train, van 27/06/2019 to 27/06/2019	0.5 m² 0.5 m²	overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet overcrowding, insufficient number of sleeping places, lack of fresh air, 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
46811/19 01/08/2019	Sergey Nikolayevich RAZUMNYY 1982		van, train, round-trip on the beginning and end date of the indicated period 09/04/2019 to 25/05/2019	0.4 m²	lack of fresh air, lack of or insufficient natural light, no ventilation, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, overcrowding, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
46844/19 16/08/2019	Nikita Andreyevich KARAVAYEV 1996		train, numerous occasions of transport between the detention facilities in the indicated period 17/12/2018 to 29/03/2019	0.3 m²	overcrowding, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, inadequate temperature		1,000
46853/19 09/08/2019	Valeriy Yevdokimovich KORNEV 1969		train, van 13/02/2019 to 20/03/2019		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	1,000

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

(in euros)[1]

37564/19

02/07/2019

Artem Aleksandrovich MOROZOV

1982

van, numerous occasions of transport from the detention facility to the courthouse (roundtrip)

16/09/2017 to

15/04/2019

0.3 m²

overcrowding, lack of fresh air, passive smoking, lack or insufficient quantity of food, no ventilation, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to shower

1,000

37675/19

21/06/2019

Ramil Zinatdinovich RIZVANOV

1980

train, transit cell, van

09/04/2019 to

08/05/2019

lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to shower, overcrowding, 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

37699/19

20/07/2019

Petr Petrovich KOSTELETSKIY

1957

van

29/05/2019 to

05/06/2019

no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, overcrowding

1,000

37877/19

02/07/2019

Aleksey Vasilyevich LITVINOV

1978

train, transit cell, van

21/12/2018 to

04/02/2019

0.3 m²

overcrowding, inadequate temperature, passive smoking, lack of fresh air, no or restricted access to warm water

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

37961/19

27/06/2019

Sergey Yuryevich POZDNYAKOV

1980

train, van

14/06/2019 to

15/06/2019

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

1,000

37971/19

27/06/2019

Albert Aleksandrovich CHERNOV

1982

van, train

15/06/2019 to

15/06/2019

van, train

13/07/2019 to

14/07/2019

overcrowding, no or restricted access to toilet, no or restricted access to potable water

lack of fresh air, insufficient number of sleeping places, 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

1,000

38026/19

04/07/2019

Aleksandr Viktorovich LESHCHINSKIY

1984

train, van

02/06/2019 to

13/06/2019

<0.4 m²

insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of fresh air, 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

1,000

39192/19

08/07/2019

Nikolay Vasilyevich SIDOROV

1957

train, van, transit cell

29/12/2018 to

29/01/2019

no or restricted access to toilet, no or restricted access to potable water, passive smoking, overcrowding, lack of fresh air, 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

39513/19

24/10/2019

Aleksey Valentinovich PRYAKHIN

1991

train, transit cell, van

02/09/2019 to

12/09/2019

overcrowding, 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

1,000

40006/19

18/09/2019

Vladimir Vladimirovich BALABANOV

1969

train

23/05/2019 to

24/05/2019

van

19/06/2019 to

19/06/2019

0.2 m

<0.5 m²

overcrowding, lack of fresh air, 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 natural light, lack of or insufficient electric light, lack or insufficient quantity of food, lack of ventilation

see above

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

40060/19

16/07/2019

Nikolay Nikolayevich KRYUCHKOV

1983

van, train, numerous occasions of transport between the detention facilities to take part in investigative actions and court hearings

01/04/2017 -

ongoing on the date when the application was lodged

lack of fresh air, insufficient number of sleeping places, constant electric light, 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

40725/19

19/07/2019

Zelimkhan Khalidovich DUDAYEV

1979

train, transit cell, van

26/03/2019 to

16/04/2019

0.5 m²

overcrowding, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, numerous occasions of transport, inadequate temperature, 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

40818/19

04/07/2019

Sergey Aleksandrovich DANILOGORSKIY

1976

IVS Pechora - SIZO-3 Vorkuta, van, train

02/06/2019 to

03/06/2019

<1 m²

overcrowding, insufficient number of sleeping places, lack of fresh air, 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

40909/19

05/07/2019

Said Aladdinovich ASADULLAYEV

1980

numerous occasions of transport, train, van

15/09/2016 to

15/06/2019

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, 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

1,000

40912/19

09/07/2019

Musa Gasangulu ogly GANBAROV

1993

numerous occasions of transport, van, train

13/04/2018 to

15/06/2019

overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of fresh air, 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

1,000

40918/19

03/07/2019

Andrey Shaukyatovich KHAYBULLOV

1985

numerous occasions of transport, train

18/03/2019 to

25/06/2019

overcrowding, 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

1,000

41555/19

19/07/2019

Taus Kyurayevich AKHTAKHANOV

1979

train, transit cell, van, (several trips)

26/03/2019 to

16/04/2019

inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, overcrowding, 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

41854/19

02/03/2020

Artem Yakovlevich ALEYEV

1982

transit cell, van

30/03/2019 to

04/09/2019

lack of fresh air, lack of or insufficient natural light, passive smoking, no or restricted access to running 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;

Art. 8 (1) - permanent video surveillance of detainees in post-conviction detention facilities - IK-42 Krasnoyarsk Region, 09/02/2020 - 18/02/2021, opposite-sex operators

1,000

42522/19

19/07/2019

Umar Amadiyevich BAYSIYEV

1975

transit cell, van, train

26/03/2019 to

16/04/2019

overcrowding, passive smoking, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, inadequate temperature, 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

42733/19

24/07/2019

Denis Gennadyevich GRIGORYEV

1985

Aleksandr Vladimirovich Kiryanov

Taganrog

train, van, transit cell

21/01/2019 to

02/02/2019

lack of or inadequate hygienic facilities, no or restricted access to toilet, 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

1,000

42736/19

13/08/2019

Nikita Mikhaylovich SURZHIKOV

1990

train, transit cell

24/12/2018 to

14/02/2019

insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, 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

42809/19

29/07/2019

Irina Anatolyevna MEDKO

1983

Svetlana Anatolyevna Toreyeva

Moscow

van, transit cell

22/01/2019 to

29/01/2019

0.3 m²

inadequate temperature, lack of or insufficient natural light, mouldy or dirty cell, 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

1,000

44576/19

30/07/2019

Andrey Alekseyevich MEDOVIKOV

1989

train

15/03/2019 to

27/04/2019

0.3 m²

lack of fresh air, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, overcrowding, passive smoking

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

44648/19

22/07/2019

Sergey Borisovich ASAFOV

1979

train, van

13/02/2019 to

13/03/2019

train, van

21/02/2019 to

22/02/2019

<1 m²

<2 m²

insufficient number of sleeping places, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, passive smoking

lack of privacy for toilet, passive smoking, insufficient number of sleeping places, 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

1,000

44717/19

14/10/2019

Vladimir Yuryevich KARNAUKH

1976

van

21/07/2019 to

21/07/2019

0.3 m²

overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of ventilation

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

44841/19

25/07/2019

Aleksey Viktorovich FROLOV

1986

train

09/05/2019 to

11/05/2019

0.3 m²

no or restricted access to toilet, lack of privacy for toilet, lack of ventilation, inadequate temperature, lack of or poor quality of bedding and bed linen

1,000

44859/19

17/07/2019

Eduard Rudolfovich PETSYUKH

1988

van, multiple transfers in single-occupancy compartments in prison vans

23/11/2018 to

15/04/2019

0.2 m²

inadequate temperature, numerous occasions of transport, overcrowding

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

45079/19

08/08/2019

Aleksey Vasilyevich PILYUGIN

1984

train, van

22/12/2018 to

12/02/2019

no or restricted access to running water, no or restricted access to toilet, overcrowding, passive smoking, lack of fresh air, insufficient number of sleeping places, 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

1,000

45146/19

04/07/2019

Dmitriy Gennadyevich SOLOVYEV

1979

van, train

09/11/2018 to

29/03/2019

0.37 m²

no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places

1,000

45192/19

24/07/2019

Yuriy Vladimirovich ALESHIN

1996

train

23/04/2019 to

24/04/2019

0.3 m²

overcrowding, lack or inadequate furniture, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, no ventilation

1,000

45338/19

24/07/2019

Vitaliy Nikolayevich AVDOSHKIN

1987

train

21/02/2019 to

22/02/2019

<3 m²

overcrowding, passive smoking, inadequate temperature, no or restricted access to toilet

1,000

45449/19

09/01/2020

Ilya Vladimirovich MILCHAKOV

1982

van, transit cell

09/07/2019 to

09/07/2019

no or restricted access to toilet, lack of fresh air, no or restricted access to potable water, lack of or insufficient electric light

1,000

45495/19

09/08/2019

Denis Vladimirovich GEYETS

1985

train

13/03/2019 to

07/04/2019

0.3 m²

inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to toilet, overcrowding, passive smoking, no ventilation

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

45925/19

22/07/2019

Aleksandr Mikhaylovich GUSEV

1963

train, transit cell, van

28/12/2018 to

29/01/2019

overcrowding, 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

46032/19

30/07/2019

Viktor Aleksandrovich MAMONOV

1986

van, train

22/05/2019 to

27/06/2019

0.4 m²

no or restricted access to toilet, no or restricted access to potable water, 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

1,000

46042/19

22/07/2019

Anatoliy Anatolyevich AFANASYEV

1984

train, van

24/01/2019 to

25/01/2019

0.4 m²

overcrowding, insufficient number of sleeping places, lack of or insufficient natural light

1,000

46057/19

01/08/2019

Pavel Vladimirovich KLOCHIKHIN

1986

train

14/05/2019 to

08/06/2019

overcrowding, 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

1,000

46129/19

14/11/2019

Vladimir Viktorovich ILYIN

1963

numerous occasions of transport by train, van

19/07/2019 to

16/09/2019

van, train

13/03/2020 to

05/04/2020

van, train

14/08/2020 to

04/09/2020

van, train

25/05/2021 to

30/08/2021

0.4-0.5 m²

0.44 m²

0.4 m²

lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food

inadequate temperature, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking, lack of fresh air, the transfer by van lasted 1 hour, the transfer by train lasted 9 hours

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 - lack of/delay in consultation by a specialist, lack of/delay in medical examination, lacking/delayed drug therapy, lack of practical treatment, refusal of dental prosthetic service free of charge; serious pain, caries, and gum disease.

8,500

46215/19

02/08/2019

Ruslan Georgiyevich ARUTYUNYAN

1978

van, train

16/02/2019 to

17/02/2019

overcrowding, 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

1,000

46220/19

21/08/2019

Aleksey Vyacheslavovich AVDONIN

1986

train, van

15/07/2019 to

17/07/2019

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 or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, 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

1,000

46326/19

09/08/2019

Igor Nikolayevich CHEBOTARU

1970

train, van

12/02/2019 to

13/02/2019

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 potable water, no or restricted access to toilet

1,000

46500/19

13/11/2019

Mikhail Nikolayevich CHERTOV

1983

van

11/04/2018 to

29/05/2019

<0.4 m²

overcrowding, 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

46556/19

08/08/2019

Yevgeniy Alekseyevich POPELYSHKO

1994

van, train

25/04/2019 to

26/04/2019

0.3 m²

insufficient number of sleeping places, 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

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - metal cage in the district court used during the entire proceedings: hearings on 04/12/2020, 24/12/2020, 14/01/2021, 03/02/2021, 15/02/2021 and 04/03/2021

8,500

46587/19

10/08/2019

Igor Petrovich GANUS

1965

train, cells in remand prison

23/01/2019 to

13/02/2019

0.2 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food

1,000

46647/19

20/08/2019

Yuriy Yuryevich KAZARYAN

1969

van, train

03/06/2019 to

04/06/2019

train, van

27/06/2019 to

27/06/2019

0.5 m²

overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet

overcrowding, insufficient number of sleeping places, lack of fresh air, 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

46811/19

01/08/2019

Sergey Nikolayevich RAZUMNYY

1982

van, train, round-trip on the beginning and end date of the indicated period

09/04/2019 to

25/05/2019

0.4 m²

lack of fresh air, lack of or insufficient natural light, no ventilation, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, overcrowding, passive smoking

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

1,000

46844/19

16/08/2019

Nikita Andreyevich KARAVAYEV

1996

train, numerous occasions of transport between the detention facilities in the indicated period

17/12/2018 to

29/03/2019

0.3 m²

overcrowding, passive smoking, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, inadequate temperature

1,000

46853/19

09/08/2019

Valeriy Yevdokimovich KORNEV

1969

train, van

13/02/2019 to

20/03/2019

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

1,000

[1] Plus any tax that may be chargeable to the applicants.