ASADULLAYEV AND OTHERS v. RUSSIA - 1510/21 (Article 3 - Prohibition of torture : Fourth Section Committee) [2024] ECHR 154 (15 February 2024)

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FOURTH SECTION

CASE OF ASADULLAYEV AND OTHERS v. RUSSIA

(Applications nos. 1510/21 and 49 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 Asadullayev 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

  1. 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.

  1. 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).

  1. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION


7.  The applicants complained principally of the inadequate conditions of detention during their transport.


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.

  1. 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 a violation of the Convention in the light of its findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), and Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, § 126, 4 October 2016, concerning placement of applicants in a metal cage and other security arrangements in courtrooms; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning conditions of post-conviction detention and the lack of an effective remedy in that respect; Tomov and Others, cited above, §§ 92-156, regarding the lack of an effective remedy in respect of the complaint about conditions of detention during transport; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees.


13.  The Court considers that there is no need to deal separately with the remaining complaints under Article 13 of the Convention related to the lack of remedies in respect of the use of metal cages or other security arrangements in courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

  1. 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,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the applications admissible;
  4. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
  5. 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 appended table);
  6. Holds that it is not necessary to examine separately the remaining complaints under Article 13 of the Convention about the lack of an effective remedy as regards detention in a cage at a court hearing or other security arrangements in a courtroom;
  7. 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)

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]

  1.    

1510/21

14/07/2021

Zakir Fizuliyevich ASADULLAYEV

1976

 

 

van

19/12/2019 to

27/05/2021

0.8, 0.25 m²

overcrowding, lack of fresh air, inadequate temperature; numerous occasions of transport

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of glass cabin in St Petersburg City Court between 14/01/2021 and 27/05/2021,

10 co-defendants inside

8,500

  1.    

2437/21

21/07/2021

Andrey Yuryevich VAVITOV

1967

 

 

van, train

27/05/2021 to

09/06/2021

0.2, 0.32 m²

 

 

overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light, lack of or insufficient quantity of food

 

1,000

  1.    

4237/21

23/12/2020

Andrey Yuryevich GARMASH

1962

Mariya Igorevna Nemova

Dolgoprudnyy

van, train

18/02/2019 to

29/08/2020

0.3 m²

 

 

overcrowding, transfers in a "glass" in a bent position on several occasions, inadequate temperature, 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 toilet, 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

1,000

  1.    

6221/21

25/12/2020

Vladimir Konstantinovich SHAROV

1978

 

 

train

09/11/2020 to

10/11/2020

 

overcrowding, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of privacy for toilet, 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

1,000

  1.    

6859/21

19/04/2021

Tatyana Viktorovna BOKOVA

1984

 

 

van

31/10/2020 to

April 2021

0.3 m²

 

 

overcrowding, transport in a metal compartment of the van, lack of fresh air, lack of or insufficient natural light; transport on numerous occasions

 

1,000

  1.    

7457/21

16/12/2020

Yevgeniy VORTOLOMEY

1996

Inessa Igorevna Frolova

St Petersburg

transit cell, van

08/07/2019 to

18/06/2020

0.2 m²

 

 

overcrowding, mouldy or dirty cell, inadequate temperature, lack of fresh air, transport on numerous occasions

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

1,000

  1.    

7554/21

14/07/2021

Viktor Mikhaylovich LYSYY

1980

 

 

van, transit cell

22/11/2019 to

08/02/2021

 

applicant transported on numerous occasions, lack of fresh air, no or restricted access to toilet, passive smoking, overcrowding

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

1,000

  1.    

8119/21

12/01/2021

Andrey Viktorovich CHUCHKALOV

1989

 

 

van, transit cell

01/10/2020 to

02/10/2020

-

 

 

overcrowding, insufficient number of sleeping places, passive smoking, mouldy or dirty cell, 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

  1.    

8430/21

23/02/2021

Roman Viktorovich PASTUKHOV

1991

 

 

van, train

30/10/2020 to

18/11/2020

0.3, <1.2 m²

overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack or insufficient quantity of food, lack of or insufficient natural light, lack of or insufficient electric light, 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

  1.  

9137/21

02/04/2021

Roman Nikolayevich POLYAKOV

1988

 

 

van, train

03/01/2021 to

11/02/2021

0.4-0.5 m2

applicant transported on numerous occasions, bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, 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, no or restricted access to warm water, overcrowding, passive smoking, lack of or insufficient electric light

 

1,000

  1.  

9139/21

23/03/2021

Pavel Vitalyevich RYAUKA

1995

 

 

train, van

03/01/2021 to

17/02/2021

0.5, 0.25,

0.6 m²

 

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

  1.  

9414/21

01/02/2021

Oleg Borisovich GEYKO

1988

 

 

train, van, transit cell

16/11/2020 to

16/12/2020

0.1, 0.4 m²

 

 

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

 

 

 

 

1,000

  1.  

9996/21

09/11/2020

Nikolay Nikolayevich GORBUNOV

1966

 

 

train

16/10/2020 to

04/11/2020

0.58 m²

 

 

lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, passive smoking, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food, no or restricted access to potable water, lack of privacy for toilet, 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.  

10018/21

20/01/2021

Mikhail Nikolayevich MARKOV

1975

 

 

van, train

13/11/2020 to

15/11/2020

 

overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light, poor quality of food, van 1x1 m, several inmates; "Stolypin" wagon, several inmates

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

1,000

  1.  

10304/21

28/01/2021

Anton Anatolyevich YEMELIN

1983

 

 

van

28/07/2020 to

28/07/2020

0.4 m²

 

 

overcrowding, inadequate temperature, lack of or insufficient electric light, lack of fresh air

 

 

1,000

  1.  

10515/21

26/04/2021

Aleksey Aleksandrovich BELYAYEV

1989

 

 

train

13/01/2021 to

15/01/2021

 

 

 

 

train

08/02/2021 to

10/02/2021

0.38-0.5 m²

 

 

 

 

 

 

0.38-0.5 m²

 

 

insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, overcrowding, lack of or poor quality of bedding and bed linen

 

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to shower, no or restricted access to toilet, 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

  1.  

10566/21

25/01/2021

Nikolay Ivanovich IVANISHCHEV

1984

 

 

van

29/09/2020 to

29/09/2020

 

lack of windows, wooden bench, lack of seat belts, lack of hot food, no or restricted access to potable water

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance by opposite-sex officers in cells of Prison no. 2 of the Krasnoyarsk Region from 21/11/2019 to 29/09/2020

1,000

  1.  

11121/21

01/02/2021

Aleksey Leonidovich KOLOBOV

1973

 

 

van, train

19/08/2020 to

05/09/2020

0,33 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, applicant transported on numerous occasions

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

 

1,000

  1.  

11291/21

25/01/2021

Stepan Andreyevich KRYLOV

1991

 

 

van, train

21/10/2020 to

07/12/2020

0.49, 0.3 m²

 

 

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

  1.  

13369/21

15/02/2021

Denis Mikhailovich KASATKIN

1981

 

 

van, train

26/09/2020 to

30/10/2020

< 0.6 m2

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water; van: 0.6 sq. m. of personal space, taking account that the inmates had baggage, the real space was less than 0.6, train: 6 inmates in special wagon

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

1,000

  1.  

14418/21

09/06/2021

Yevgeniy Sergeyevich TERESHCHENKO

1983

 

 

van

22/07/2020

pending on the date when the application was lodged

 

overcrowding (the applicant had difficulty to move, had to seat on other prisoners' knees), lack of fresh air, inadequate temperature, applicant transported on numerous occasions

 

 

1,000

  1.  

14828/21

31/01/2021

Valeriy Vladimirovich KUROCHKIN

1976

 

 

van

14/10/2020 to

23/10/2020

 

applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack or insufficient quantity of food

 

1,000

  1.  

15129/21

11/06/2021

Maksim Vladimirovich POLUGRUDOV

1977

 

 

train

06/01/2021 to

26/02/2021

0.34 m²

 

 

overcrowding, applicant transported on numerous occasions, insufficient number of sleeping places, no or restricted access to toilet, 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

 

 

 

1,000

  1.  

15594/21

27/02/2021

Leonid Sergeyevich CHUCHALIN

1996

 

 

van (stakan-type compartment)

22/01/2019 to

09/04/2021

 

train, van (stakan-type compartment)

28/09/2020 to

05/10/2020

 

 

train, van (stakan-type compartment)

07/06/2021 to

08/06/2021

0.4 m²

 

 

 

 

0.4 m²

 

 

 

 

 

0.4 m²

 

 

overcrowding, applicant transported on numerous occasions, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of seat belts and handrails

 

 

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

 

overcrowding, lack of seat belts and handrails, no ventilation, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack or insufficient quantity of food, insufficient number of sleeping places, lack of or insufficient electric light, passive smoking, lack of fresh air

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

1,000

  1.  

15608/21

19/02/2021

Artem Nikolayevich OKULIK

1981

 

 

train, van

19/01/2021 to

21/01/2021

0.33 m²

 

 

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, 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

  1.  

15913/21

01/03/2021

Anton Vyacheslavovich ZHUKOV

1980

 

 

train

16/12/2020 to

11/01/2021

< 0.5 m²

 

 

overcrowding, lack of fresh air, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to potable water, 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

  1.  

16609/21

04/03/2021

Vladimir Anatolyevich GALKIN

1980

 

 

van, transit cell

28/07/2020 to

11/02/2021

0.29 m²

 

 

overcrowding, applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or insufficient electric light, mouldy or dirty cell

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage in the Justice of the Peace of the Gornyy Judicial District of Vorkuta of the Komi Republic from 27/07/2020 till 08/02/2021,

 

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

8,500

  1.  

16774/21

02/03/2021

Aleksandr Ivanovich SAFRONOV

1966

 

 

train, van

06/09/2020 to

07/09/2020

 

van

03/12/2020 to

03/12/2020

0.27 m²

 

 

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

 

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

 

1,000

  1.  

17186/21

24/02/2021

Kirill Nikolayevich KHATANZEYSKIY

1990

 

 

train

21/10/2020 to

23/10/2020

 

Overcrowding (12 inmates in a compartment for 7), lack of or poor quality of bedding and bed linen, lack or inadequate furniture, bunk beds, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of or insufficient electric light

 

1,000

  1.  

18699/21

08/03/2021

Viktor Igorevich BASARANOVICH

1989

 

 

van

22/02/2019 to

15/12/2020

0.5 m²

 

 

overcrowding, applicant transported on numerous occasions, lack of space, no or restricted access to toilet

 

1,000

  1.  

18715/21

14/03/2021

Aleksey Semenovich VAVILOV

1996

 

 

van, train

19/12/2020 to

20/12/2020

0.5 m²

 

 

overcrowding, passive smoking, lack of fresh air, inadequate temperature, poor quality of 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

  1.  

19549/21

30/06/2021

Aleksey Viktorovich ALEKSEYEV

1979

 

 

van, train

06/01/2021 to

06/01/2021

0.2 m2

overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, poor quality of food, 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

  1.  

19874/21

12/03/2021

Aleksandr Yuryevich KUDRYASHOV

1995

 

 

train

19/01/2020 to

30/01/2021

0.2-0.5 m²

 

 

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

  1.  

19983/21

25/01/2020

Vladimir Vladimirovich BRONZ

1990

 

 

van, train, transit cell

13/09/2019 to

03/10/2019

0.36, 0.5 m²

 

 

overcrowding, lack of sleeping place, mouldy or dirty cell

 

Art. 3 - inadequate conditions of detention after conviction - IK-29 Kirov region, from 07/07/2018 - pending on the date when the application was lodged, 1.89 sq. m. of personal space, 180 inmates in total; no or restricted access to warm water, lack of or restricted access to leisure or educational activities, outdoor lavatory, no or restricted access to shower, poor quality of food,

 

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

16,300

  1.  

20798/21

29/03/2021

Ivan Aleksandrovich YELFIMOV

2001

 

 

van, train

18/10/2020 to

21/11/2020

0.75, 0.27, 0.5, 0.45 m²

no or restricted access to toilet, no or restricted access to potable water, lack or insufficient quantity of food, lack or inadequate furniture, lack of privacy for toilet, overcrowding, lack of fresh air, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, poor quality of food, bunk beds, passive smoking, applicant transported on numerous occasions, lack of or inadequate hygienic facilities

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

1,000

  1.  

21019/21

07/04/2021

Vladimir Igorevich BABIY

1987

 

 

van

05/06/2020 to

16/10/2020

<0.5 m²

 

 

overcrowding, no or restricted access to toilet, inadequate temperature, applicant transported on numerous occasions

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

 

 

 

 

1,000

  1.  

21171/21

28/06/2021

Ilya Sergeyevich IGNATYEV

1987

 

 

van, train, transit cell

02/09/2020 to

04/06/2021

0.2 m²

 

 

overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to toilet, mouldy or dirty cell, lack of privacy for toilet, lack of or insufficient natural light, lack of or inadequate hygienic facilities, inadequate temperature, lack or insufficient quantity of food

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage during the court hearing in the Arkhangelsk Regional Court on 06/04/2021,

 

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

8,500

  1.  

21219/21

30/04/2021

Dmitriy Valeryevich POPOV

1978

 

 

train

18/03/2021 to

23/03/2021

0.2 m²

 

 

overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, 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.  

21307/21

29/03/2021

Ilya Olegovich ISAYKIN

1988

 

 

van

14/10/2020 to

14/10/2020

 

 

van

10/02/2021 to

10/02/2021

0.8 m²

 

 

 

 

0.36 m²

 

 

overcrowding, no security belts in the van, lack of fresh air, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to toilet, no or restricted access to potable water

 

overcrowding, inadequate temperature, lack or insufficient quantity of food, no security belts, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, 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.  

22594/21

06/04/2021

Yevgeniy Anatolyevich OKULOV

2000

 

 

van, train

18/10/2020 to

20/10/2020

 

van, train

09/11/2020 to

11/11/2020

0.5 m²

 

 

 

0.5 m²

 

 

overcrowding, passive smoking, lack of or poor quality of bedding and bed linen, no or restricted access to toilet

 

 

overcrowding, passive smoking, inadequate temperature, 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

  1.  

23103/21

31/03/2021

Pavel Vasilyevich KALUGIN

1983

 

 

train

18/10/2020 to

19/10/2020

 

van

18/10/2020 to

30/10/2020

0.3 m²

 

 

 

0.2 m²

 

 

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

 

overcrowding, applicant transported on numerous occasions, no security belts, no or restricted access to toilet, no or restricted access to potable water

 

1,000

  1.  

23643/21

19/04/2021

Aleksey Aleksandrovich BULATS

1981

 

 

van, transit cell

14/01/2020

pending on the date when the application was lodged

0.21-0.42 m2

overcrowding, applicant transported on numerous occasions, lack or inadequate furniture, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to toilet, lack of toiletries, lack of or inadequate hygienic facilities

 

Art. 3 - use of metal cages and/or other security arrangements in the courtrooms in the Sovetsky District Court of Kazan between 14/01/2020 and 16/09/2022,

 

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

 

 

 

8,500

  1.  

24255/21

30/03/2021

Arsen Vladimirovich TSORAYEV

1979

 

 

van, train

14/01/2021 to

31/01/2021

<0,5 m²

 

 

overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to running water, lack of privacy for toilet, lack or inadequate furniture

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

1,000

  1.  

24445/21

16/06/2021

Dmitriy Mikhaylovich YEREMIN

1981

 

 

van, transit cell

05/11/2019

to most recently in June 2021

0.12 m2

overcrowding (transit cell: 15 sq. m, seats for 8 inmates; more than 12 inmates, van: for 20 inmates carries 30 inmates), applicant transported on numerous occasions, insufficient number of sleeping places, lack or insufficient quantity of food, passive smoking, lack of fresh air, sharing cells with inmates infected with contagious disease, no or restricted access to toilet

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage during the hearings of his case by the Oktyabrskiy and Vasileostrovskiy District Courts of St Petersburg in the period from 05/11/2019 till 25/01/2021,

 

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

8,500

  1.  

25311/21

02/08/2021

Yanosh Vladimirovich ANENBERG

1978

 

 

train

01/12/2019 to

22/02/2021

 

overcrowding (compartment for 7 inmates carried 9-14 inmates), insufficient number of sleeping places, lack of or insufficient natural light, applicant transported on numerous occasions, 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

  1.  

25475/21

19/04/2021

Dmitriy Aleksandrovich SILAKOV

1984

 

 

train

22/02/2021 to

23/02/2021

 

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

 

1,000

  1.  

25507/21

23/04/2021

Ivan Sergeyevich SEKRETAREV

1982

 

 

train

19/12/2020 to

01/02/2021

0.3, 0.8 m²

 

 

overcrowding, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, 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

  1.  

25662/21

15/04/2021

Rinat Khamziyevich YUSUPOV

1987

 

 

transit cell, van

05/02/2021 to

05/02/2021

0.5 m²

 

 

overcrowding, lack of fresh air, applicant transported on numerous occasions, inadequate temperature

 

1,000

  1.  

26805/21

05/05/2021

Ivan Sergeyevich GRUZDEV

1993

 

 

van

05/03/2021 to

05/03/2021

0.5 m²

 

 

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

  1.  

27312/21

28/04/2021

Ivan Sergeyevich PARFENTYEV

1986

 

 

van, train

07/02/2021 to

08/02/2021

0.6, 0.5 m²

 

 

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

 

 


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


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