SECOND SECTION

CASE OF VOLOSHIN AND OTHERS v. RUSSIA

(Applications nos. 52019/19 and 52 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 Voloshin 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 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 wellestablished case-law (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, concerning inadequate conditions of post-conviction detention and the lack of an effective remedy in that respect; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012, related to “speediness” of review of lawfulness of pre-trial detention; and Tomov and Others, cited above, §§ 92-156, 9 April 2019, concerning the lack of an effective remedy in respect of the complaint about inadequate conditions of transports of detainees).

13.  In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some of the applicants under Article 13 of the Convention in respect of their placement in a metal cage in the courtroom, and also does not consider it necessary to examine a separate complaint about placement in a metal cage raised under Article 3 of the Convention in application no. 54688/19 (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 caselaw (see, in particular, Biryuchenko and Others v. Russia [Committee], no. 1253/04 and 2 others, § 96, 11 December 2014), the Court considers that the finding of a violation in application no. 57067/19 will constitute in itself sufficient just satisfaction (see Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022). It further finds reasonable to award the sums indicated in the appended table to the remaining applicants.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with the applicants’ complaints 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 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 placement in a metal cage in a courtroom, as well as an additional complaint raised under Article 3 of the Convention in application no. 54688/19;
  7. Holds that the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant in application no. 57067/19;
  8. Holds

(a)  that the respondent State is to pay the remaining 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 caselaw

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

52019/19

21/09/2019

Mikhail Yuryevich VOLOSHIN

1974

 

 

train

02/04/2019 to

03/04/2019

 

 

 

 

train

17/04/2019 to

18/04/2019

0.6 m²

 

 

 

 

 

 

0.6 m²

 

 

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

 

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

 

1,000

  1.    

52354/19

16/09/2019

Mikhail Dmitriyevich CHERNYSHKOV

1989

 

 

van, transit cell, numerous occasions of transport between the detention facilities and the courthouse

29/10/2018 to

26/03/2019

 

train, transit cell, van

14/06/2019 to

25/06/2019

 

lack of fresh air, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, transfer in a single occupancy cell

 

 

 

 

 

 

overcrowding, bunk beds, insufficient number of sleeping places, passive smoking

 

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

 

Art. 5 (4) - excessive length of judicial review of detention - The appeal was lodged on 25/02/2019 against the detention order of 20/02/2019 by the Promyshlennyy District Court of Samara, the appeal hearing was on 19/03/2019

(23 days) before the Samara Regional Court;

 

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage during the trial proceedings leading to the conviction by the Promyshlennyy District Court of Samara on 26/03/2019 and Leninskiy District Court of Cheboksary between 02/08/2019 and 02/10/2019.

8,500

  1.    

52739/19

23/09/2019

Stanislav Vladimirovich VOROBYEV

1980

 

 

train

13/06/2019 to

17/06/2019

 

 

train

05/08/2019 to

07/08/2019

0.4 m²

 

 

 

 

0.4 m²

 

 

lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, inadequate temperature, insufficient number of sleeping places, no or restricted access to potable water

 

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

 

1,000

  1.    

53010/19

02/10/2019

Yevgeniy Maksimovich POTAPOV

1996

 

 

train, van

26/06/2019 to

18/07/2019

0.2-1.8 m²

 

 

insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 9 inmates were transferred by van in a compartment measuring 3 sq. m, 7 inmates per compartment in a train

 

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

1,000

  1.    

53151/19

22/01/2020

Viktor Ivanovich BUSHUYEV

1971

 

 

train, transit cell

26/07/2019 to

05/08/2019

 

overcrowding, no or restricted access to warm water, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, lack of fresh air, poor quality of food

 

1,000

  1.    

53412/19

18/09/2019

Aleksandr Vladimirovich SAMARIN

1986

 

 

van, train

07/03/2019 to

12/04/2019

 

lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water, no or restricted access to toilet, insufficient number of sleeping places, 7 inmates per compartment in a van measuring 3 sq. m, 9 inmates per compartment in a train

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

1,000

  1.    

53756/19

02/04/2020

Denis Igorevich PAVLOV

1980

 

 

van

03/10/2019 to

04/03/2020

 

overcrowding, 12 to 13 inmates per compartment measuring 3.75 sq. m

 

1,000

  1.    

53762/19

08/05/2020

Yevgeniy Yuryevich SHEMYAKIN

1977

 

 

van,

03/06/2017 to

27/02/2020

0.2 m²

 

 

overcrowding, lack of fresh air, inadequate temperature, transfers in a single occupancy cell, numerous occasions of transport between the detention facilities and the courthouses

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 - The applicant was kept in a metal cage during the hearings in the Moscow District Court of St Petersburg since 13/03/2019 and in the Third Cassation Court of General Jurisdiction until 01/04/2021

 

 

8,500

  1.    

53797/19

07/12/2019

Nikolay Sergeyevich BELYAYEV

1989

 

 

train

19/09/2019 to

20/09/2019

 

lack of fresh air, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet, overcrowding, 9 inmates per train compartment

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

1,000

  1.  

53856/19

01/10/2019

Yevgeniy Viktorovich CHIZHIKOV

1985

 

 

train

19/04/2019 to

21/05/2019

0.2 m²

 

 

overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of privacy for 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 and in respect of inadequate conditions of detention;

 

Art. 3 - inadequate conditions of detention after conviction - conditions of detention in settlement colony no. 14 Irkutsk Region; from 16/12/2019 to 13/02/2020. 2.3 sq. m. of personal space; 14 inmates per brigade; no or restricted access to running water, no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, lack of toiletries

1,800

  1.  

53883/19

30/09/2019

Vyacheslav Vasilyevich KUDINOV

1972

 

 

train

23/06/2019 to

25/06/2019

 

no or restricted access to potable water, overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, insufficient number of sleeping places

 

 

 

 

1,000

  1.  

54005/19

20/09/2019

Vladimir Sergeyevich BOGDANOV

1980

 

 

train

23/03/2019 to

07/04/2019

0.1 m²

 

 

insufficient number of sleeping places, overcrowding, lack of or poor quality of bedding and bed linen, passive smoking, no ventilation, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack or insufficient quantity of food, poor quality of food, lack of or insufficient physical exercise in 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

  1.  

54013/19

23/09/2019

Aleksandr Sergeyevich VASILYEV

1985

 

 

train

25/04/2019 to

26/04/2019

0.5 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, 10 inmates per train compartment, 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.  

54108/19

16/09/2019

Yaroslav Vasilyevich VOLKOV

1977

 

 

train

17/04/2019 to

02/05/2019

 

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

 

1,000

  1.  

54175/19

25/09/2019

Artem Aleksandrovich NELAYEV

1992

 

 

train

29/07/2019 to

23/08/2019

 

lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, 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.  

54279/19

30/09/2019

Dmitriy Yuryevich STEPIN

1979

Andrey Yevgenyevich Golubenko

Nea Skiony

van

26/09/2015 - pending criminal proceedings against the applicant

<0.4 m²

overcrowding, lack of fresh air, no or restricted access to toilet, numerous transfers pending trial

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

1,000

  1.  

54378/19

03/10/2019

Sergey Viktorovich BELOUSOV

1990

 

 

train

21/04/2019 to

30/04/2019

 

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

 

1,000

  1.  

54426/19

23/09/2019

Vladimir Aleksandrovich GORLATYKH

1983

 

 

train

05/07/2019 to

07/07/2019

 

lack of fresh air, lack of privacy for toilet, overcrowding, no or restricted access to toilet, poor quality of food, passive smoking, 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.  

54431/19

19/09/2019

Kirill Olegovich ILCHUKOV

1990

 

 

train

15/07/2019 to

17/07/2019

0.2 m²

 

 

lack of fresh air, lack or insufficient quantity of food, lack of privacy for toilet, overcrowding, 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.  

54528/19

30/09/2019

Denis Mikhaylovich FILIPPOV

1989

 

 

van, train, round trip from the detention facility to the prison hospital in Ukhta

18/04/2019 to

27/04/2019

0.4 m²

 

 

lack of ventilation, transfer in a bent position, lack of or insufficient natural light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, lack of fresh air, transfer by van in a single occupancy cell

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

1,000

  1.  

54529/19

07/10/2019

Yuriy Georgiyevich IGNATYEV

1971

 

 

van

08/04/2019 to

18/04/2019

0.25 m²

 

 

lack of windows, lack of fresh air, overcrowding, inadequate temperature, lack of belts and handles, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to warm water, 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 and in respect of inadequate conditions of detention;

 

Art. 3 - inadequate conditions of detention after conviction - in IK15 Nizhniy Novgorod Region, pending as of 16/09/2022, since 18/04/2019, 1.51.7 sq. m of personal space, overcrowding, bunk beds, lack or inadequate furniture, inadequate temperature, poor quality of running water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air

13,400

  1.  

54539/19

30/09/2019

Sergey Vitalyevich LYASHCHENKO

1984

 

 

train, van

01/09/2019 to

03/09/2019

<0.4 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.  

54580/19

26/09/2019

Vadim Vladimirovich GLUSHCHENKO

1975

 

 

train

15/05/2019 to

17/05/2019

 

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

54606/19

19/09/2019

Aleksey Sergeyevich CHUVYUROV

1989

 

 

van

17/08/2019 to

17/08/2019

 

train

17/08/2019 to

19/08/2019

 

 

train, van

02/09/2019 to

03/09/2019

 

 

0.3 m²

 

 

overcrowding, lack of fresh air

 

 

 

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

 

overcrowding, insufficient number of sleeping places, 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.  

54688/19

30/08/2019

Aleksey Andreyevich ANUFRIYEV

1981

Marina Aleksandrovna Belinskaya

St Petersburg

van

01/08/2014 to

07/03/2019

0.3 m²

 

 

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, not enough seats, transfers lasted 1.5 to 3 hours, multiple transfers between the remand prison and the courthouse

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

 

1,000

  1.  

54700/19

27/09/2019

Pavel Alekseyevich KODANEV

1990

 

 

train

04/08/2019 to

05/08/2019

 

insufficient number of sleeping places

 

 

1,000

  1.  

54799/19

30/09/2019

Mikhail Andreyevich KUSTREYEV

1992

 

 

van, train

06/08/2019 to

07/08/2019

 

 

 

train, van

10/11/2019 to

11/11/2019

0.4 m²

 

 

 

 

 

0.4 m²

 

 

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

 

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

54805/19

11/10/2019

Aleksandr Anatolyevich KUZNETSOV

1986

 

 

van

01/11/2018 to

08/11/2019

0.2 m²

 

 

lack of fresh air, passive smoking, inadequate temperature; multiple transfers

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

1,000

  1.  

54865/19

30/09/2019

Sergey Vladimirovich KHUDYAYEV

1973

 

 

train

23/06/2019 to

07/08/2019

0.35 m²

 

 

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

1,000

  1.  

54907/19

09/10/2019

Sergey Aleksandrovich PLATONOV

1956

Maksim Aleksandrovich Markin

St Petersburg

van, train

17/04/2019 to

30/04/2019

0.4 m²

 

 

overcrowding, no or restricted access to toilet, excessive use of chain handcuffs and service dogs, transport in a single occupancy cell

 

1,000

  1.  

54923/19

12/10/2019

Denis Sergeyevich SUDAKOV

1977

Maksim Aleksandrovich Markin

St Petersburg

train

09/04/2019 to

18/04/2019

 

overcrowding, passive smoking, mouldy or dirty cell, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water

 

1,000

  1.  

54981/19

21/10/2019

Dmitriy Mikhaylovich CHIRKOV

1979

 

 

van, train

13/07/2019 to

14/07/2019

 

 

 

train, van

28/07/2020 to

06/08/2020

0.4 m²

 

 

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

 

inadequate temperature, 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, no or restricted access to potable water, 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

  1.  

54989/19

03/10/2019

Albert Adlanovich SABITOV

1982

 

 

train, numerous occasions of transport in the indicated period

23/03/2019 to

19/08/2019

 

0.34 m²

 

 

poor quality of food, 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, passive smoking, lack of or insufficient electric light, overcrowding, inadequate temperature

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

1,000

  1.  

55146/19

23/09/2019

Vladimir Olegovich BERDYUGIN

1989

 

 

train, numerous occasions of transport

09/05/2019 to

04/09/2019

 

lack of or poor quality of bedding and bed linen, lack or inadequate furniture, not provided with warm food, passive smoking, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, 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

  1.  

55308/19

11/10/2019

Leonid Vladislavovich PRYADKO

1991

Irina Vladimirovna Miller

Kansk

train, van

14/04/2019 to

29/04/2019

0.1-0.2 

 

 

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

 

1,000

  1.  

55465/19

18/11/2019

Petr Vladimirovich UZLOV

1978

 

 

train

21/07/2019 to

26/07/2019

 

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

 

1,000

  1.  

55840/19

09/10/2019

Sergey Nikolayevich MOROZOV

1988

Maksim Aleksandrovich Markin

St Petersburg

train

23/03/2019 to

15/04/2019

 

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

 

1,000

  1.  

55873/19

09/10/2019

Adim Murtaibovich MURTAIBOV

1977

 

 

train

22/03/2019 to

11/04/2019

0.3 m²

 

 

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

 

1,000

  1.  

55951/19

08/10/2019

Sergey Romanovich BABARYKO

1998

Irina Vladimirovna Miller

Kansk

train

08/07/2019 to

09/07/2019

0.1 m²

 

 

overcrowding, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, lack of privacy for toilet, 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.  

56060/19

03/10/2019

Aleksey Yuryevich AFANASYEV

1972

 

 

train, van

16/04/2019 to

22/05/2019

 

lack of fresh air, insufficient number of sleeping places, bunk beds, passive smoking, overcrowding, poor quality of food, no or restricted access to toilet, 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.  

56730/19

22/10/2019

Andrey Viktorovich KLADOV

1987

 

 

train, van

05/03/2019 to

07/05/2019

0.3 m²

 

 

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water, passive smoking, lack of ventilation, lack of fresh air, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to shower

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

1,000

  1.  

56793/19

30/09/2019

Sergey Anatolyevich KURDA

1978

 

 

train

23/06/2019 to

25/06/2019

 

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

  1.  

56861/19

11/10/2019

Marat Isayevich MAMEDOV

1992

 

 

train

26/02/2019 to

11/04/2019

0.25 m²

 

 

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

 

1,000

  1.  

56927/19

10/10/2019

Vladislav Eduardovich KOMUSHEV

1993

 

 

train

23/04/2019 to

07/06/2019

0.3 m²

 

 

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

 

1,000

  1.  

56940/19

15/10/2019

Dmitriy Vladimirovich TUGOLUKOV

1987

 

 

train, van

26/04/2019 to

08/05/2019

0.26 m²

 

 

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

57067/19

22/10/2019

Ruslan Saubanovich ZARIPOV

1981

 

 

train van

21/08/2019 to

13/09/2019

0.34 m²

 

 

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

 

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

 

The finding of a violation constitutes in itself sufficient just satisfaction.

  1.  

57217/19

24/10/2019

Mikhail Valeryevich SHMYREV

1962

Mariya Valentinovna Tsygankova

Kaluga

train

19/05/2019 to

27/05/2019

 

no or restricted access to toilet, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, passive smoking, overcrowding

 

1,000

  1.  

57231/19

01/10/2019

Ruslan Aliyevich ALLAKHVERDIYEV

1978

 

 

van

08/07/2019 to

08/07/2019

<0.4 m²

 

 

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

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

1,000

  1.  

57307/19

04/12/2019

Vitaliy Kamilovich GAYSIN

1975

 

 

van, train, round trip to a prison hospital

19/05/2019 to

14/06/2019

 

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.  

57394/19

25/10/2019

Aleksey Sergeyevich SHILOV

1989

 

 

train (St Petersburg - Vologda)

19/06/2019 to

20/06/2019

 

overcrowding, insufficient number of sleeping places

 

 

1,000

  1.  

57594/19

27/09/2019

Vyacheslav Nikolayevich CHUISHCHEV

1988

 

 

train, van

28/04/2019 to

30/04/2019

 

train, van

03/05/2019 to

04/05/2019

 

train, van

15/05/2019 to

16/05/2019

<0.5 m²

 

 

 

<0.5 m²

 

 

 

<0.5 m²

 

 

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

 

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

 

insufficient number of sleeping places, 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.  

57691/19

21/10/2019

Dmitriy Nikolayevich VERIGIN

1984

 

 

van, transit cell, numerous occasions of transport between the detention facility and the courthouse or the premises of the investigative department

12/06/2018 to

02/03/2020

 

lack or insufficient quantity of food, 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.  

58004/19

22/10/2019

Ruslan Tayfurovich SAYFULIN

1988

 

 

van, train

28/07/2019 to

02/08/2019

0.3 m²

 

 

overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, 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] Plus any tax that may be chargeable to the applicants.