RUBANOV AND OTHERS v. RUSSIA - 38099/18 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 693 (14 September 2023)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> RUBANOV AND OTHERS v. RUSSIA - 38099/18 (Article 3 - Prohibition of torture : Third Section Committee) [2023] ECHR 693 (14 September 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/693.html
Cite as: [2023] ECHR 693

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THIRD SECTION

CASE OF RUBANOV AND OTHERS v. RUSSIA

(Applications nos. 38099/18 and 39 others -

see appended list)

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

14 September 2023

 

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


In the case of Rubanov and Others v. Russia,

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

 Peeter Roosma, President,
 Ioannis Ktistakis,
 Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 July 2023,

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 their detention. 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 their detention. They relied on Article 3 of the Convention.


8.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case-law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, 20 October 2016 ; Kudła v. Poland [GC], no. 30210/96, §§ 90-94, ECHR 2000-XI, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36-40, 7 April 2005).


9.  In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, 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 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 ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well-established case-law (see Sergey Babushkin, cited above, §§ 38-45, concerning the lack of an effective remedy for the complaint about conditions of post-conviction detention).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


13.  Article 41 of the Convention provides:

"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."


14.  Regard being had to the documents in its possession and to its case-law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014, and Mozharov and Others v. Russia, nos. 16401/12 and 9 others, 21 March 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 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 after conviction;
  5. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see the appended table);
  6. 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 14 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Peeter Roosma
 Acting Deputy Registrar President


APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention after conviction)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Facility

Start and end date

Duration

Inmates per brigade

Sq. m per inmate

Number of toilets per brigade

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.    

38099/18

30/07/2018

Yevgeniy Aleksandrovich RUBANOV

1976

 

 

IK-11 Nizhniy Novgorod Region

30/11/2015

pending as of 16/09/2022

6 year(s) and 9 month(s) and 18 day(s)

90 inmate(s)

1.9 m²

8 toilet(s)

overcrowding, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, insufficient number of toilets and wash basins, infestation of cell with insects/rodents, mouldy or dirty cell

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

12,500

  1.    

38168/18

01/08/2018

Mikhail Vladimirovich PUGACHEV

1982

Kulakov Yevgeniy Valeryevich

Arkhangelsk

IK-1 Arkhangelsk Region

09/07/2016

24/08/2020

4 year(s) and 1 month(s) and 16 day(s)

80 inmate(s)

2 m²

4 toilet(s)

lack of or inadequate hygienic facilities, overcrowding, no or restricted access to shower, lack of toiletries, no or restricted access to warm water

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

11,300

  1.    

38227/18

24/07/2018

Sergey Viktorovich CHEKMAREV

1989

 

 

IK-11 Nizhniy Novgorod Region

25/04/2016

pending as of 16/09/2022

6 year(s) and 4 month(s) and 23 day(s)

1.5 m²

lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of food, mouldy or dirty cell, lack of outfit, lack of or poor quality of bedding and bed linen, lack of fresh air

 

12,500

  1.    

38602/18

30/07/2018

Sergey Alekseyevich LOGINOV

1985

 

 

IK-11 Nizhniy Novgorod Region

13/03/2006

pending as of 16/09/2022

16 year(s) and 6 month(s) and 4 day(s)

120 inmate(s)

1.2-1.5 m²

lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food

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

12,500

  1.    

38614/18

10/07/2018

Anatoliy Anatolyevich YELISEYEV

1982

 

 

IK-37 Perm Region

02/03/2018

pending as of 16/09/2022

4 year(s) and 6 month(s) and 15 day(s)

170 inmate(s)

2.1 m²

5 toilet(s)

insufficient number of sleeping places, inadequate temperature, no or restricted access to warm water, overcrowding

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

12,500

  1.    

38742/18

16/07/2018

Aleksey Sergeyevich SMIRNOV

1987

 

 

IK-11 Nizhniy Novgorod Region

10/08/2015

pending as of 16/09/2022

7 year(s) and 1 month(s) and 7 day(s)

1.6 m²

lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to toilet, no or restricted access to warm water, overcrowding

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

12,500

  1.    

38827/18

02/08/2018

Dmitriy Sergeyevich MATSKO

1986

 

 

IK-5 Orenburg Region and IK-11 Nizhniy Novgorod Region

29/03/2016

pending as of 16/09/2022

6 year(s) and 5 month(s) and 19 day(s)

1.8 m²

overcrowding, inadequate temperature, no or restricted access to warm water, no or restricted access to running water

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

12,500

  1.    

38852/18

03/08/2018

Konstantin Leonidovich MOISEYEV

1983

 

 

IK-5 Kirov Region

08/11/2016 to

27/04/2018

1 year(s) and 5 month(s) and 20 day(s)

100 inmate(s)

2.9 m²

7 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, no or restricted access to shower, inadequate clothing allowance, low pressure in the water supply system, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, inadequate state of the exercise yard

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

5,000

  1.    

38965/18

07/08/2018

Andrey Viktorovich RYAZANOV

1988

 

 

IK-11 Nizhniy Novgorod Region

10/08/2015

pending as of 16/09/2022

7 year(s) and 1 month(s) and 7 day(s)

145 inmate(s)

1.5 m²

6 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, low pressure in the warm water supply system, mouldy or dirty cell, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air

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

12,500

  1.  

39137/18

03/08/2018

Ruslan Lenarovich SAMITOV

1986

 

 

IK-11 Nizhniy Novgorod Region

22/08/2011

pending as of 16/09/2022

11 year(s) and 26 day(s)

1.1-1.7 m²

lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to shower, infestation of cell with insects/rodents, inadequate clothing

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

12,500

  1.  

39268/18

30/07/2018

Yuriy Viktorovich FILIN

1973

 

 

IK-11 Nizhniy Novgorod Region

01/06/2010

pending as of 16/09/2022

12 year(s) and 3 month(s) and 16 day(s)

1.6 m²

lack of or restricted access to leisure or educational activities, mouldy or dirty cell, lack of fresh air, lack of ventilation, inadequate temperature, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, overcrowding in the courtyard, restricted access to food, sharing cells with inmates infected with contagious disease

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

12,500

  1.  

39285/18

08/08/2018

Yuriy Aleksandrovich OGOLTSOV

1979

 

 

IK-11 Nizhniy Novgorod Region

09/11/2011

pending as of 16/09/2022

10 year(s) and 10 month(s) and 8 day(s)

1.8 m²

passive smoking, overcrowding of the courtyard, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, no or restricted access to toilet, no or restricted access to running water, sharing cells with inmates infected with contagious disease, overcrowding in the kitchen, no or restricted access to warm water, lack of or insufficient electric light, inadequate temperature, lack of fresh air, insufficient number of sleeping places, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of or inadequate hygienic facilities

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

12,500

  1.  

39523/18

24/09/2018

Viktor Ivanovich VASYUKOV

1976

 

 

IK-11 Nizhniy Novgorod Region

27/02/2017

pending as of 16/09/2022

5 year(s) and 6 month(s) and 21 day(s)

1.3 m²

no or restricted access to running water, no or restricted access to toilet, lack of or restricted access to leisure or educational activities, inadequate temperature, lack of fresh air, poor quality of food, infestation of cell with insects/rodents, passive smoking

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

12,500

  1.  

39618/18

02/08/2018

Suleyman Sultanovich GERASIYEV

1980

 

 

IK-5 Kirov Region

14/06/2016 to

01/01/2019

2 year(s) and 6 month(s) and 19 day(s)

2.4 m²

overcrowding, no or restricted access to shower, poor quality of food, poor quality of washing clothes and bed linen

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

6,300

  1.  

39736/18

05/08/2018

Ziyemukhammad Abdukarimovich NIYAZOV

1993

 

 

IK-11 Nizhniy Novgorod Region

31/03/2017

pending as of 16/09/2022

5 year(s) and 5 month(s) and 17 day(s)

1.6 m²

overcrowding, cell surface insufficient to move freely between furniture items, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, bad odour in cell, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, infestation of cell with insects/rodents, scarce surface of walking ward, lack of or insufficient natural light, poor quality of food, inadequate conditions for eating food

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

12,500

  1.  

39742/18

02/08/2018

Sergey Aleksandrovich VALUYEV

1978

 

 

IK-11 Nizhniy Novgorod Region

28/05/2013

pending as of 16/09/2022

9 year(s) and 3 month(s) and 20 day(s)

122 inmate(s)

1.6 m²

8 toilet(s)

overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of or restricted access to leisure or educational activities, lack of privacy for toilet, poor quality of food, lack or insufficient quantity of food, poor sanitary conditions in canteen, no or restricted access to shower, lack of fresh air

 

12,500

  1.  

39931/18

13/08/2018

Yevgeniy Innokentyevich BARTENYEV

1959

Karaseva Tatyana Vladimirovna

Nizhniy Novgorod

IK-11 Nizhniy Novgorod Region

18/09/2017

pending as of 16/09/2022

4 year(s) and 11 month(s) and 30 day(s)

160 inmate(s)

1.2-1.8 m²

5 toilet(s)

lack of fresh air, inadequate temperature, lack of or insufficient electric light, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to shower, inadequate clothing

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

12,500

  1.  

39973/18

13/08/2018

Roman Vasilyevich GIREV

1985

 

Sergey Alekseyevich TSELKOVSKIY

1975

 

 

 

IK-11 Nizhniy Novgorod Region, 2 applicants:

 

Applicant Girev: 13/11/2007-17/04/2018;

10 year(s) and 5 month(s) and 5 day(s)

 

Applicant Tselkovskiy: 28/05/2012 -pending as of 16/09/2022

2 m²

infestation of cell with insects/rodents, constant electric light, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, overcrowding, poor quality of food, no or restricted access to toilet, no or restricted access to shower

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

5,000 to the first applicant, Mr Girev;

12,500 to the second applicant, Mr Tselkovskiy

  1.  

40020/18

09/08/2018

Ildar Amiryyanovich MAVLUTDINOV

1964

 

 

IK-11 Nizhniy Novgorod Region

24/04/2017

pending as of 16/09/2022

5 year(s) and 4 month(s) and 24 day(s)

160 inmate(s)

1.2-1.8 m²

5 toilet(s)

lack of fresh air, inadequate temperature, lack of or insufficient electric light, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to shower, inadequate clothing

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

12,500

  1.  

40021/18

09/08/2018

Aleksandr Stanislavovich NIKOLAYEV

1973

 

 

IK-11 Nizhniy Novgorod Region

21/11/2016

pending as of 16/09/2022

5 year(s) and 9 month(s) and 27 day(s)

160 inmate(s)

1.2-1.8 m²

5 toilet(s)

lack of fresh air, inadequate temperature, lack of or insufficient electric light, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, passive smoking, no or restricted access to shower, inadequate clothing

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

12,500

  1.  

40073/18

06/08/2018

Maksim Olegovich GRANKIN

1983

 

 

IK-11 Nizhniy Novgorod Region

21/05/2012

pending as of 16/09/2022

10 year(s) and 3 month(s) and 27 day(s)

100 inmate(s)

2 m²

no or restricted access to warm water, lack or inadequate furniture, overcrowding, poor quality of food, inadequate prison clothing

 

12,500

  1.  

40189/18

01/08/2018

Anatoliy Sergeyevich SHULAKOV

1985

 

 

IK-25 Chelyabinsk Region

11/07/2017

pending as of 16/09/2022

5 year(s) and 2 month(s) and 6 day(s)

2 m²

lack of fresh air, overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, no or restricted access to potable water, sharing cells with inmates infected with contagious disease, no or restricted access to toilet, lack of toiletries

 

12,500

  1.  

40192/18

06/08/2018

Yevgeniy Igorevich TUPILKIN

1960

 

 

IK-11 Nizhniy Novgorod Region

21/08/2017

pending as of 16/09/2022

5 year(s) and 27 day(s)

1.5 m²

inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to toilet, overcrowding, sharing cells with inmates infected with contagious disease, poor quality of food

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

12,500

  1.  

40194/18

01/08/2018

Igor Igorevich GOLOVLEV

1990

 

 

IK-11 Nizhniy Novgorod

01/12/2013

pending as of 16/09/2022

8 year(s) and 9 month(s) and 16 day(s)

1.3-1.6 m²

infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to toilet, overcrowding

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

12,500

  1.  

40402/18

26/07/2018

Aydys Vladimirovich DAVAA

1987

 

 

IK-23 Krasnoyarsk Region

10/08/2016

pending as of 16/09/2022

6 year(s) and 1 month(s) and 7 day(s)

2 m²

inadequate temperature, lack of or insufficient natural light, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to shower, no or restricted access to warm water, lack or insufficient quantity of food

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

12,500

  1.  

40416/18

08/08/2018

Sergey Aleksandrovich GERASKIN

1976

 

 

IK-11 Nizhniy Novgorod Region

22/05/2007

pending as of 16/09/2022

15 year(s) and 3 month(s) and 26 day(s)

1.2 m²

overcrowding, no or restricted access to warm water, poor quality of food, lack or insufficient quantity of food, insufficient provision of seasoned clothes, no or restricted access to running water, no or restricted access to toilet

 

12,500

  1.  

40432/18

30/07/2018

Kazbek Gennadyevich KOYBAYEV

1992

 

 

IK-11 Nizhniy Novgorod

01/10/2017

pending as of 16/09/2022

4 year(s) and

11 month(s) and

16 day(s)

130 inmate(s)

1.5 m²

8 toilet(s)

no or restricted access to shower, lack of or insufficient physical exercise in fresh air, no or restricted access to running water

 

12,500

  1.  

40465/18

13/02/2019

Andrey Nikolayevich KUZNETSOV

1977

 

 

IK-34 Krasnoyarsk Region

21/11/2008 to

13/09/2018

9 year(s) and

9 month(s) and

24 day(s)

140 inmate(s)

2 m²

8 toilet(s)

overcrowding

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

5,000

  1.  

40547/18

28/09/2018

Aleksandr Petrovich RUKOSUYEV

1980

 

 

IK-5 Krasnoyarsk Region

25/05/2015

pending as of 16/09/2022

7 year(s) and

3 month(s) and

23 day(s)

120 inmate(s)

3.2 m²

3 toilet(s)

overcrowding, inadequate clothing allowance, pollution from the nearby aluminium foundry, insufficient number of toilets and wash basins, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, insufficient space of the exercise yard

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

12,500

  1.  

40605/18

31/07/2018

Valeriy Sergeyevich KOMAROV

1975

 

 

IK1 Arkhangelsk Region

30/06/2012

pending as of 16/09/2022

10 year(s) and

2 month(s) and

18 day(s)

88 inmate(s)

2 m²

overcrowding, no or restricted access to potable water, mouldy or dirty cell, poor quality of food

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

12,500

  1.  

40704/18

31/07/2018

Yevgeniy Yuryevich KUDRYAVTSEV

1989

 

 

IK-2 Tyumen Region

23/03/2009 to

09/06/2018

9 year(s) and 2 month(s) and 18 day(s)

100 inmate(s)

2 m²

14 toilet(s)

overcrowding, no or restricted access to toilet, lack of fresh air, inadequate temperature, poor quality of food, mouldy or dirty cell, sharing cells with inmates infected with contagious disease

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

5,000

  1.  

40950/18

05/08/2018

Eduard Olegovich MURZANOV

1982

 

 

IK-1 Komi Republic

01/03/2018

pending as of 16/09/2022

4 year(s) and 6 month(s) and 16 day(s)

2 m²

lack of or inadequate hygienic facilities, overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to running water, poor quality of food

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

12,500

  1.  

40952/18

05/08/2018

Gennadiy Valeriyevich PANOV

1986

 

 

IK-25 Chelyabinsk Region

11/07/2017

pending as of 16/09/2022

5 year(s) and 2 month(s) and 6 day(s)

2 m²

lack of ventilation, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of food, poor quality of potable water

 

12,500

  1.  

40965/18

15/08/2018

Sergey Vladimirovich LUKYANCHIKOV

1979

 

 

IK-11 Nizhniy Novgorod Region

26/01/2015

pending as of 16/09/2022

7 year(s) and 7 month(s) and 22 day(s)

130 inmate(s)

1.1 m²

6 toilet(s)

overcrowding, no or restricted access to warm water, no or restricted access to running water, no or restricted access to toilet, lack of privacy for toilet, infestation of cell with insects/rodents, inadequate conditions for eating food, no or restricted access to potable water, lack of or restricted access to leisure or educational activities, lack of possibilities to wash and dry clothes, lack of or insufficient natural light, lack of or insufficient electric light, lack or inadequate furniture, lack of walking area space, poor quality of food, no or restricted access to shower, lack of fresh air, insufficient provision of seasoned clothes

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

12,500

  1.  

41108/18

15/07/2018

Aleksandr Sergeyevich RACHKOV

1990

 

 

IK-1 Arkhangelsk Region

11/05/2016

pending as of 16/09/2022

6 year(s) and 4 month(s) and 6 day(s)

87 inmate(s)

1.6 m²

overcrowding, no or restricted access to potable water, no or restricted access to warm water, mouldy or dirty cell

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

12,500

  1.  

41123/18

13/08/2018

Roman Yuryevich SUSLOV

 

 

 

IK-11 Nizhniy Novgorod Region

26/12/2014

pending as of 16/09/2022

7 year(s) and 8 month(s) and 22 day(s)

130 inmate(s)

1.5 m²

6 toilet(s)

lack of or insufficient natural light, overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, lack of toiletries, 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

12,500

  1.  

41179/18

31/07/2018

Yevgeniy Anatolyevich NOVIKOV

1976

 

 

IK-37 Perm Region

01/09/2016 to

03/08/2018

1 year(s) and 11 month(s) and 3 day(s)

 

IK-25 Chelyabinsk Region

03/08/2018 to

29/06/2020

1 year(s) and 10 month(s) and 27 day(s)

2 m²

 

 

 

 

 

2 m²

lack of fresh air, lack of or insufficient electric light, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease, overcrowding

 

 

 

lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light, sharing cells with inmates infected with contagious disease, overcrowding

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

10,800

  1.  

41252/18

02/08/2018

Maksim Nikolayevich SOLOMAKHIN

1978

 

 

IK-11 Nizhniy Novgorod Region

21/07/2008

pending as of 16/09/2022

14 year(s) and 1 month(s) and 27 day(s)

142 inmate(s)

1.5-1.8 m²

8 toilet(s)

overcrowding, lack of fresh air, insufficient number of toilets and wash basins, poor quality of food, insufficient space of the exercise yard

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

12,500

  1.  

41411/18

20/08/2018

Rustam Aysyayevich SHAFEYEV

1987

 

 

IK-11 Nizhniy Novgorod

17/03/2014

pending as of 16/09/2022

8 year(s) and 6 month(s)

140 inmate(s)

2 m²

6 toilet(s)

passive smoking, overcrowding, lack of fresh air, lack of privacy for toilet, poor quality of food, lack of or inadequate hygienic facilities

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

12,500

  1.  

41506/18

09/08/2018

Sergey Sergeyevich IVANOV

1981

Malkova Aliya Damirovna

Rodniki

IK-5 Ivanovo Region

01/02/2010 to

16/03/2018

8 year(s) and 1 month(s) and 16 day(s)

2.25 m²

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

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

5,000

 


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


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URL: http://www.bailii.org/eu/cases/ECHR/2023/693.html