SECOND SECTION

CASE OF VANYUTA AND OTHERS v. RUSSIA

(Applications nos. 45337/19 and 54 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

18 April 2024

 

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


In the case of Vanyuta and Others v. Russia,

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

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 28 March 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, §§ 6873, 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. 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 caselaw 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 the appended table). These complaints are not manifestly illfounded 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 wellestablished case-law (see 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, §§ 143-56, concerning the lack of an effective remedy in respect of inadequate conditions of transport; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, and Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect).

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 about the lack of effective domestic remedies to complain about the placement in a metal cage in the courtroom (compare Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).

  1. Remaining complaints

14.  Mr Vakhnin (application no. 4305/20) also raised complaints under Articles 3 and 13 of the Convention concerning the conditions of his postconviction detention.

15.  The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

16.  It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

17.  Regard being had to the documents in its possession and to its caselaw (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 complaints concerning inadequate conditions of transport of detainees and the other complaints under the well-established case-law of the Court admissible, and dismisses the remainder of application no. 4305/20 as inadmissible;
  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 the appended table);
  6. Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of the lack of domestic remedies to complain about the placement in a metal cage in the 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 18 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Lorraine Schembri Orland
 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 wellestablished case-law

Amount awarded for pecuniary and nonpecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

45337/19

03/08/2019

Andrey Yakovlevich VANYUTA

1973

 

 

train, van,

(two trips)

21/05/2019 to

29/06/2019

 

overcrowding, insufficient number of sleeping places, passive smoking, no or restricted access to potable water

 

 

1,000

  1.    

45706/19

05/08/2019

Konstantin Vasilyevich SKRIPOV

1978

 

 

train, transfers between various detention facilities

01/02/2019 to

25/02/2019

0.5-0.7 m²

 

 

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

 

1,000

  1.    

47169/19

19/08/2019

Anatoliy Romanovich LUTFULLIN

1988

 

 

train

09/11/2018 to

17/04/2019

 

 

 

 

van, train

22/08/2020 to

03/05/2021

0.3 m²

 

 

applicant transported on numerous occasions, overcrowding, passive smoking, insufficient number of sleeping places, no or restricted access to toilet, lack of or insufficient electric light, inadequate temperature

 

lack of fresh air, lack of or insufficient natural light, 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

  1.    

56775/19

26/09/2019

Sergey Sergeyevich ZAGRADSKIY

1982

 

 

numerous occasions of transport from the detention centre to a courthouse within the period indicated below, van

24/05/2019 to

02/07/2019

 

lack of or insufficient electric light, inadequate temperature, handcuffing, single occupancy cell

 

Art. 8 (1) - permanent video surveillance of detainees in pretrial or post-conviction detention facilities - in SIZO-1 Yamalo-Nenetsk Region, cell no. 46, 22/04/2019 - 23/12/2019, 31/01/2020 – pending as of 16/09/2022, opposite sex operators;

 

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 in detention facilities

1,000

  1.    

62847/19

23/08/2019

Aleksey Vladimirovich VASHKINEL

1990

Olga Andreyevna Stasyuk

St Petersburg

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

27/06/2017 to

28/02/2019

 

 

 

 

 

 

lack of or insufficient natural light, lack of fresh air, overcrowding, inadequate temperature, lack of or insufficient electric light, lack or insufficient quantity of food, 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.    

63918/19

29/11/2019

Dmitriy Aleksandrovich ZAVYALOV

1976

 

 

van, the transport on numerous occasions between the detention facility and the courthouse

19/04/2018 to

14/11/2019

0.3 m²

 

 

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

 

 

1,000

  1.    

63979/19

30/11/2019

Mirzabeg Usmanovich USAMOV

1990

 

 

van, numerous occasions of transport between the detention facility and the courthouse, detention in convoy cells

01/08/2018 to

06/06/2019

0.3 m²

 

 

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

 

1,000

  1.    

64110/19

23/11/2019

Oleg Nikolayevich PELEPYUK

1965

 

 

train, round trip between the colony and the prison hospital

13/06/2019 to

17/07/2019

 

lack of fresh air, insufficient number of sleeping places, lack of or inadequate hygienic facilities, 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

  1.    

64214/19

03/12/2019

Yevgeniy Sergeyevich ALIYEV

1984

 

 

train

05/09/2019 to

21/10/2019

0.3 m²

 

 

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, lack or insufficient quantity of food, no or restricted access to toilet, lack or inadequate furniture, 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.  

64250/19

02/12/2019

Eduard Andreyevich IVANOV

1984

 

 

van, numerous occasions of transport between the detention facilities and the courthouses

20/11/2017 to

19/09/2019

0.3 m²

 

 

passive smoking, lack of privacy for toilet, lack or insufficient quantity of food, bent position during transfers caused knee pain

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

1,000

  1.  

64262/19

04/12/2019

Pavel Olegovich MARUSHCHAK

1982

Ernest Aleksandrovich Mezak

Saint-Barthélemy d’Anjou

van

19/09/2015 to

10/06/2019

 <0.5 m²

 

 

applicant transported on numerous occasions, lack of proper stairs to board the van, lack of handles, lack of fresh air, passive smoking, inadequate temperature, 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

  1.  

64508/19

25/11/2019

Vladimir Nikolayevich DZENZURA

1967

 

 

van, train

09/07/2019 to

30/08/2019

0.3 m²

 

 

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

 

1,000

  1.  

64650/19

03/12/2019

Dmitriy Vladimirovich MORIN

1976

 

 

van, train

04/07/2019 to

26/07/2019

0.3-0.4 m²

 

 

overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, passive smoking, lack of safety belts, 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.  

64745/19

01/12/2019

Timur Aleksandrovich DEVYATOV

1970

 

 

train

13/09/2019 to

14/09/2019

 

lack of privacy for toilet, overcrowding, insufficient number of sleeping places, lack of fresh air, poor quality of potable water

 

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 – detention in LIU-32 Krasnoyarsk Region, from 14/09/2019 to 09/01/2020;

 2.5 sq. m of personal space, overcrowding, restricted access to warm and tap water and to toilet, extremely poor sanitary conditions

2,800

  1.  

64753/19

03/12/2019

Dmitriy Sergeyevich ROCHEV

1994

 

 

van, train

15/08/2019 to

16/08/2019

0.4 m²

 

 

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

1,000

  1.  

64935/19

03/12/2019

Viktor Dmitriyevich PONOMARENKO

1979

 

 

train, van

27/05/2009 to

10/11/2019

0.1 m²

 

 

lack of fresh air, lack of or insufficient electric light, inadequate temperature, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, no or restricted access to toilet, single occupancy cells

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

1,000

  1.  

65189/19

03/12/2019

Vladimir Nikolayevich BOGUSH

1990

 

 

train

02/06/2019 to

05/09/2019

 

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

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

1,000

  1.  

8/20

02/12/2019

Almaz Rivgatovich MINNIBAYEV

1988

Rezeda Abzalgarayevna Minnibayeva

Kazan

train, transit cell, van

15/08/2019 to

09/09/2019

 

overcrowding, passive smoking, poor quality of food, 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

  1.  

448/20

03/12/2019

Vladimir Nikolayevich GURIN

1983

Sergey Viktorovich Konnov

Krasnodar

van, train

17/05/2019 to

11/07/2019

0.2 m²

 

 

transfers in a bent position, overcrowding, insufficient number of sleeping places, 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

1,000

  1.  

637/20

03/12/2019

Aliy Ilyasovich SALPAGAROV

1984

 

 

train, transit cell, van

15/10/2019 to

07/11/2019

 

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

1,000

  1.  

877/20

02/12/2019

Aleksandr Aleksandrovich NIKOLAYENKO

1987

 

 

van, train

13/10/2019 to

13/10/2019

 

<0.5 m²

 

 

 

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, 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.  

1348/20

19/11/2019

Aleksandr Yuryevich KISLITSKIY

1981

Nikita Aleksandrovich Kirin

Lipetsk

 

van

02/10/2019 to

03/08/2020

0.3 m²

 

 

overcrowding, inadequate temperature, lack of fresh air, lack or insufficient quantity of food

 

 

1,000

  1.  

1545/20

10/12/2019

Mikhail Yuryevich KHRUZIN

1969

Ernest Aleksandrovich Mezak

Saint-Barthélemy d’Anjou

van, numerous occasions of transport between the detention facility and the courthouse or to take part in investigative actions

20/09/2015 to

10/06/2019

0.3 m²

 

 

lack of fresh air, passive smoking, lack of food and 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.  

1621/20

16/12/2019

Ilya Alekseyevich DRIKOZ

1990

 

 

train, van

05/07/2019 to

23/08/2019

0.2 m²

 

 

lack of fresh air, 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, lack of privacy for toilet, 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.  

2471/20

17/12/2019

Yegor Vladimirovich FILIPENKO

1990

 

 

van, train

17/08/2019 to

19/08/2019

0.5 m²

 

 

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

1,000

  1.  

2497/20

25/12/2019

Danil Lyabibovich GABDULKHAKOV

1982

 

 

train, transit cells in remand prisons

22/07/2019 to

30/08/2019

 

lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, passive smoking, lack of privacy for toilet, no or restricted access to warm water, poor quality of food, lack of toiletries, lack of or insufficient physical exercise in fresh air

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - in IZ-1 Kirov Region, medical facility no. 72 of FSIN;

 

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

1,000

  1.  

2859/20

30/11/2019

Sergey Grigoryevich POROSHKIN

1986

 

 

train

20/02/2019 to

06/07/2019

0.3 m²

 

 

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

 

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 - placement in a metal cage during the hearings at the Sysolskiy District Court of the Komi Republic on 11/05/2021

8,500

  1.  

2891/20

10/12/2019

Igor Vladimirovich KOVZEL

1969

Ernest Aleksandrovich Mezak

Saint-Barthélemy d’Anjou

van, numerous occasions of transport from the detention facility to the courthouse or to take part in investigative actions

20/09/2015 to

18/09/2019

 

0.3-0.5 m²

 

 

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

 

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

1,000

  1.  

2954/20

20/12/2019

Aleksandr Aleksandrovich BUROV

1991

 

 

train

16/01/2021 to

18/01/2021

0.4 m²

 

 

overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage at the Vorkuta Town Court of the Komi Republic from 20/09/2018 to 04/07/2019 and from 02/08/2019 to 27/11/2019;

 

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

8,500

  1.  

3052/20

10/12/2019

Andrey Yuryevich POGORELTSEV

1991

 

 

train, van

30/05/2019 to

31/08/2019

 

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

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - he was in a metal cage during the hearing of the Usinsk Town Court of the Komi Republic on 20/06/2019,

 

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

8,500

  1.  

3122/20

25/12/2019

Artem Borisovich ILYIN

1979

 

 

van, train

21/08/2019 to

22/08/2019

van, train

30/09/2019 to

01/10/2019

 

 

 

 

 

 

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

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

1,000

  1.  

3378/20

26/12/2019

Mikhail Mikhaylovich ORLENKO

1982

 

 

van, train

01/11/2019 to

02/11/2019

0.45 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

1,000

  1.  

3698/20

20/12/2019

Pavel Gennadyevich ZAKARDONETS

1974

 

 

van, transit cell

10/10/2019 to

14/10/2019

0.2/1 m²

 

 

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

  1.  

3752/20

24/12/2019

Maksim Sergeyevich PIKIN

1978

 

 

train, van

29/08/2019 to

31/08/2019

0.2 m²

 

 

lack of fresh air, overcrowding, lack of or inadequate hygienic facilities, no or restricted access to toilet, poor quality of 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

1,000

  1.  

3848/20

24/12/2019

Petr Aleksandrovich UVAROV

1982

 

 

train

27/09/2019 to

28/09/2019

 

van, train

09/11/2019 to

19/12/2019

 

 

 

 

 

train

07/12/2019 to

07/12/2019

0.4 m²

 

 

 

0.4 m²

 

 

 

 

 

 

 

0.4 m²

 

 

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

 

lack of ventilation, lack of or insufficient electric light, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet

 

see above

 

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

1,000

  1.  

4086/20

08/10/2019

Vladislav Aleksandrovich CHEKUSHIN

1982

Marina Aleksandrovna Belinskaya

St Petersburg

 

van

24/10/2014 to

11/04/2019

 

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

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

1,000

  1.  

4305/20

02/12/2019

Mikhail Vladimirovich VAKHNIN

1988

 

 

transport from

SIZO-1 Vorkuta to IK-1 Komi Republic, van,

 

train

29/10/2019 to

31/10/2019

 

 

 

numerous occasions, train, van

23/02/2021 to

02/04/2021

 

van, train

29/07/2021 to

01/08/2021

 

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

 

 

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

 

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

 

 

overcrowding, passive smoking,

10 inmates shared the train compartment

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

1,000

  1.  

4373/20

18/12/2019

Aleksandr Vladimirovich CHERNOV

1990

 

 

van, train

14/08/2019 to

06/10/2019

0.4 m²

 

 

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

 

1,000

  1.  

4692/20

31/12/2019

Aleksandr Viktorovich KUZNETSOV

1977

Svetlana Dmitriyevna Garsia

St Petersburg

van, transit cell

18/12/2018 to

10/07/2019

0.2 m²

 

 

overcrowding, passive smoking, lack or insufficient quantity of food, lack of fresh air, inadequate temperature, lack of or insufficient natural light, lack of privacy for 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;

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the Primorskiy District Court of St Petersburg from 18/12/2018 to 10/07/2019,

St Petersburg City Court, 15/08/2019

8,500

  1.  

4700/20

04/01/2020

Maksim Sergeyevich GALIN

1984

 

 

train, van

29/08/2019 to

31/08/2019

0.3 m²

 

 

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

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

1,000

  1.  

4714/20

14/01/2020

Yuriy Gennadyevich SHUMEYKO

1984

Vladimir Nikolayevich Kozodayev

Petrozavodsk

train, van

13/08/2019 to

16/10/2019

 

overcrowding, poor quality of potable water, no or restricted access to toilet

 

 

1,000

  1.  

4901/20

09/01/2020

Aleksandr Aleksandrovich IUS

1962

 

 

train

21/07/2019 to

27/07/2019

0.4 m²

 

 

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

  1.  

4929/20

20/12/2019

Stanislav Aleksandrovich ZVOLSKIY

1993

 

 

train, van

21/10/2019 to

22/10/2019

 

train, van

30/10/2019 to

31/10/2019

0.6 m²

 

 

 

0.6 m²

 

 

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

 

 

insufficient number of sleeping places, overcrowding, 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 permanent video surveillance in detention facilities;

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance in disciplinary cells in IK-25, where he was placed several times (05/05/2021 - for 10 days, 28/05/2021 - for 5 days, 10/06/2021 – for 2 days)

1,000

  1.  

4961/20

30/12/2019

Sergey Aleksandrovich BENESHCHUK

1988

 

 

train

19/07/2019 to

28/07/2019

0.3 m²

 

 

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

 

1,000

  1.  

5076/20

28/12/2019

Anatoliy Leonidovich RADCHENKO

1975

Nikolay Nikolayevich Ukraintsev

Novosibirsk

van, numerous occasions of transport between the detention facility and the courthouse from

31/08/2017 to

04/08/2019

0.5 m²

 

 

overcrowding, 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

  1.  

5219/20

23/12/2019

Aleksandr Nikolayevich TANKEVICH

1988

 

 

train

15/06/2019 to

23/06/2019

0.3 m²

 

 

overcrowding, insufficient number of sleeping places, lack of fresh air, passive smoking, lack of or insufficient electric light, no or restricted access to potable water, 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.  

5244/20

16/12/2019

Gennadiy Vitalyevich TYAPKIN

1975

 

 

train

03/10/2019 to

04/10/2019

 

train

25/10/2019 to

25/10/2019

 

train

13/03/2020 to

23/03/2020

0.4 m²

 

 

 

0.4 m²

 

 

 

0.3 m²

 

 

overcrowding, insufficient number of sleeping places

 

 

overcrowding

 

 

 

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, 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

1,000

  1.  

5484/20

13/01/2020

Nikolay Vladimirovich KRASNOSLOBODTSEV

1978

 

 

van, round trip

25/09/2019 to

28/10/2019

 

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

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

1,000

  1.  

5645/20

15/01/2020

Andrey Yuryevich SIROTKIN

1975

Anton Nikolayevich Karpets

Kotlas

van, numerous occasions of transport, from

15/05/2018 to

31/12/2021

0.25 m²

 

 

overcrowding, lack of or insufficient electric light, lack of fresh air, handcuffing during transport, lack of safety belts, single occupancy cell

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 - confinement in a metal cage (24 times) and in a glass cabin (2 times) since 24/07/2018 till 25/12/2019 in the Koryazhma Town Court of the Arkhangelsk Region and confinement in a metal cage on 01/09/2021 in SIZO-1 in the Komi Region (by video link) in the proceedings before the Second Appellate Court of General Jurisdiction

8,500

  1.  

6201/20

13/01/2020

Valeriy Viktorovich KHITROV

1971

 

 

train

06/12/2019 to

29/12/2019

 

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

  1.  

6237/20

02/12/2019

Murodali Makhmadaliyevich TABAROV

1969

 

 

train, van

21/08/2019 to

22/08/2019

 

transit cell, train, van

25/09/2019 to

25/09/2019

 

overcrowding, lack of fresh air, 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

1,000

  1.  

6253/20

13/01/2020

Konstantin Yuryevich BOTKIN

1984

 

 

train

27/08/2019 to

28/08/2019

 

train

13/09/2019 to

13/09/2019

0.4 m²

 

 

 

0.4 m²

 

 

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

 

 

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

 

1,000

  1.  

6415/20

15/01/2020

Roman Makhmudovich NASIBOV

1986

 

 

train, van

22/08/2019 to

27/09/2019

 

overcrowding, no or restricted access to toilet, no or restricted access to potable water, poor quality of food

 

1,000

  1.  

6516/20

17/01/2020

Marat Rafikovich SHAFIYEV

1988

Olga Viktorovna Golub

Suzemka

train, transit cell, van

19/07/2019 to

06/08/2019

 

no or restricted access to shower, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm water, 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.  

8553/20

10/01/2020

Stanislav Igorevich NIKOLAYEV

1986

Natalya Vasilyevna Alekseyeva

Krasnoyarsk

van, transit cell

20/02/2018 to

06/08/2019

 

lack of fresh air, inadequate temperature, overcrowding, mouldy or dirty cell

 

1,000

 

 


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