YUMININ AND OTHERS v. RUSSIA - 57747/10 (Article 3 - Prohibition of torture : Fourth Section Committee) [2023] ECHR 720 (28 September 2023)


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European Court of Human Rights


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URL: http://www.bailii.org/eu/cases/ECHR/2023/720.html
Cite as: [2023] ECHR 720

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FOURTH SECTION

CASE OF YUMININ AND OTHERS v. RUSSIA

(Applications nos. 57747/10 and 35 others - see appended list)

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

28 September 2023

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


In the case of Yuminin and Others v. Russia,

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

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

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 September 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; Idalov v. Russia [GC], no. 5826/03, §§ 103-08 and 154-58, 22 May 2012; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, concerning inadequate conditions of transport and the lack of an effective remedy in that respect; 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).

  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 the 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 28 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Branko Lubarda

 Acting Deputy Registrar President

 


APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention 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.    

57747/10

16/08/2010

Aleksandr Aleksandrovich YUMININ

1982

 

 

OIU-25 IK-24 Irkutsk Region (Krasnoyarsk Regional FSIN Department)

01/10/2011 to

25/04/2016

4 year(s) and 6 month(s) and 25 day(s)

2.3 m²

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

 

12,500

  1.    

81632/17

13/11/2017

Vladimir Ilyich KUKLIN

1962

 

 

IK-11 Nizhniy Novgorod Region

05/08/2013

pending as of 16/09/2022

9 year(s) and 1 month(s) and 12 day(s)

1.5 m²

bunk beds, overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents

 

12,500

  1.    

83248/17

20/10/2017

Aleksandr Mikhaylovich NATYAZHKIN

1982

 

 

IK-29 Kirov Region

09/04/2016

pending as of 16/09/2022

6 year(s) and 5 month(s) and 8 day(s)

180 inmate(s)

<2 m²

overcrowding, lack of or inadequate hygienic facilities, inadequate temperature, poor quality of potable water, no or restricted access to running water, inadequate working conditions

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

12,500

  1.    

83765/17

06/12/2017

Aleksandr Yuryevich PARAMZIN

1975

Butrimenko Marianna Dmitriyevna

Volgograd

IK-9 Volgograd

18/10/2010

pending as of 16/09/2022

11 year(s) and 10 month(s) and 30 day(s)

120 inmate(s)

1.2 m²

inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding, passive smoking

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

12,500

  1.    

84323/17

20/07/2018

Vitaliy Anatolyevich IGNATYEV

1974

 

 

IK-11 Nizhniy Novgorod Region

01/09/2013

pending as of 16/09/2022

9 year(s) and 16 day(s)

1.3-1.7 m²

5 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, lack of fresh air, inadequate clothing allowance, no or restricted access to shower

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

12,500

  1.    

5384/18

13/08/2018

Sergey Vladimirovich ISAKOV

1980

 

 

OIK-5 IK-29 Kirov Region

20/06/2017 to

20/06/2018

1 year(s) and 1 day(s)

2.5 m²

overcrowding, lack of privacy for toilet, infestation of cell with insects/rodents, inadequate temperature, mouldy or dirty cell, sharing cells with inmates infected with contagious disease

 

5,000

  1.    

7709/18

20/01/2018

Sergey Olegovich SHUSHAKOV

1982

 

 

IK-11 Nizhniy Novgorod Region

01/12/2014 to

17/05/2019

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

2.2 m²

lack of fresh air, infestation of cell with insects/rodents, passive smoking, poor quality of food

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

9,000

  1.    

8955/18

02/07/2018

Sergey Sergeyevich PANKRATOV

1983

 

 

IK-11 Nizhniy Novgorod Region

28/05/2018

pending as of 16/09/2022

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

110 inmate(s)

1.7 m²

7 toilet(s)

overcrowding, lack of cell surface to move freely between furniture items, lack of fresh air, impediments to continuous night sleep, no or restricted access to running water, no or restricted access to toilet, no or restricted access to warm water, infestation of cell with insects/rodents, scarce surface of walking ward, 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.    

12770/18

01/03/2018

Andrey Leonidovich SOKOLOV

1983

Vinogradov Aleksandr Vladimirovich

Kostroma

IK-12 Vologda Region

25/12/2008 to

24/10/2017

8 year(s) and 10 month(s)

2 m²

infestation of cell with insects/rodents, mouldy or dirty cell, overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient electric light

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

5,000

  1.  

13959/18

27/09/2018

Mikhail Mikhaylovich CHEMYAKIN

1988

 

 

IK-25 Chelyabinsk Region

27/09/2017

pending as of 16/09/2022

4 year(s) and 11 month(s) and 21 day(s)

135 inmate(s)

2.2 m²

8 toilet(s)

overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of fresh air, poor quality of potable water, lack of toiletries, accommodation with inmates under stricter regime

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

12,500

  1.  

17127/18

21/03/2018

Vladimir Vladimirovich PUGACHEV

1960

 

 

IK-2 Astrakhan Region

14/10/2010 to

28/12/2017

7 year(s) and 2 month(s) and 15 day(s)

180 inmate(s)

2.3 m²

5 toilet(s)

overcrowding, sharing cells with inmates infected with contagious disease, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient natural light, lack of fresh air, inadequate temperature, passive smoking, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to potable water

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

5,000

  1.  

17914/18

15/08/2018

Ruslan Sergeyevich YAKOVLEV

1975

 

 

IK-29 Kirov Region

03/10/2012 to

pending as of 16/09/2022

9 year(s) and 11 month(s) and 14 day(s)

2.5 m²

overcrowding, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, lack of privacy for toilet, bunk beds, poor quality of potable 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.  

22447/18

25/06/2018

Vadim Nikolayevich TSIBAREV

1973

 

 

IK-29 Kirov Region

12/02/2014

pending as of 16/09/2022

8 year(s) and 7 month(s) and 5 day(s)

240 inmate(s)

1.6 m²

overcrowding, lack of or insufficient natural light, no or restricted access to warm water, poor quality of potable water, poor quality of food, no or restricted access to shower, lack of requisite medical assistance

 

12,500

  1.  

22631/18

10/12/2018

Vyacheslav Nikolayevich IVSHUKOV

1971

 

 

IK-49 Komi Republic

14/12/2011

pending as of 16/09/2022

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

100 inmate(s)

1.5 m²

overcrowding, poor quality of potable water, 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 and in respect of permanent video surveillance in detention facility;

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators in IK-49 Komi Republic since 20/05/2019, pending as of 16/09/2022.

12,500

  1.  

23562/18

13/04/2018

Magomed Abdulbasirovich GADZHIYEV

1990

 

 

IK-5 Kirov Region

21/11/2017 to

18/10/2018

10 month(s) and 28 day(s)

100 inmate(s)

2.5 m²

lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food

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

4,800

  1.  

24208/18

07/05/2018

Sergey Yevgenyevich SIDOROV

1968

 

 

IK-11 Nizhniy Novgorod Region

20/05/2013

pending as of 16/09/2022

9 year(s) and 3 month(s) and 28 day(s)

1.3 m²

lack of ventilation, inadequate temperature, lack of or insufficient natural light, lack of requisite medical assistance, no or restricted access to running water, lack of privacy for toilet, lack of fresh air, no or restricted access to toilet, poor quality of food, no or restricted access to shower, passive smoking

 

12,500

  1.  

26603/18

29/10/2018

Yevgeniy Sergeyevich KULIK

1982

 

 

IK-29 Kirov Region

13/10/2017 to

24/06/2021

3 year(s) and 8 month(s) and 12 day(s)

3 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, high humidity level inside the cell, lack of or insufficient natural light, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, poor quality of potable water, infestation of cell with insects/rodents, inadequate temperature, lack of or restricted access to leisure or educational activities, lack of privacy for toilet

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

 

Art. 3 - inadequate conditions of detention during transport - transport in van and train on numerous occasions between 24/10/2018-15/11/2018 and 14/03/2019-04/04/2019: overcrowding, restricted access to toilet, running water, potable water, inadequate temperature, lack of fresh air, lack of privacy for toilet

13,500

  1.  

26828/18

29/06/2018

Konstantin Yevgenyevich BUBNOV

1983

 

 

IK-5 Krasnoyarsk Region

18/03/2016 to

26/09/2019

3 year(s) and 6 month(s) and 9 day(s)

115 inmate(s)

3 m²

4 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack or inadequate furniture, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of fresh air, lack of any laundry equipment

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

8,800

  1.  

26842/18

04/05/2018

Oleg Sergeyevich KOVRIGIN

1977

 

 

IK-5 Krasnoyarsk Region

19/05/2017 to

18/01/2019

1 year(s) and 8 month(s)

115 inmate(s)

<3 m²

lack of or inadequate hygienic facilities, poor quality of food, lack of or restricted access to leisure or educational activities, lack of fresh air, lack of privacy for toilet

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

 

Art. 3 - inadequate conditions of detention during transport - numerous occasions of transport by an overcrowded van from the correctional colony to the place of work starting on 11/05/2018; pending as of 16/09/2022

8,100

  1.  

28057/18

30/05/2018

Mikhail Alekseyevich KALININ

1984

 

 

IK-5 Kirov Region

30/05/2017

pending as of 16/09/2022

5 year(s) and 3 month(s) and 18 day(s)

105 inmate(s)

2.4 m²

7 toilet(s)

no or restricted access to shower, poor quality of food, no or restricted access to warm water

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

12,500

  1.  

28109/18

22/05/2018

Sergey Aleksandrovich RUMYANTSEV

1983

 

 

IK-2 Tumen Region

02/10/2014 to

27/03/2018

3 year(s) and 5 month(s) and 26 day(s)

2 m²

lack of or inadequate hygienic facilities, no or restricted access to warm water, poor quality of food, inadequate temperature, lack or inadequate furniture

 

5,000

  1.  

28121/18

31/05/2018

Sergey Valentinovich KOROLEV

1978

 

 

IK-5 Krasnoyarsk Region

15/06/2013 to

24/12/2017

4 year(s) and 6 month(s) and 10 day(s)

 

IK-23 Krasnoyarsk Region (Irkutsk Region)

24/12/2017 to

11/09/2018

8 month(s) and 19 day(s)

 

 

IK-5 Krasnoyarsk Region

11/11/2018

pending as of 16/09/2022

3 year(s) and 10 month(s) and 6 day(s)

2 m²

 

 

 

 

12 inmate(s)

2.8 m²

1 toilet(s)

 

 

 

 

1,7 m²

lack of privacy for toilet, overcrowding, lack of or inadequate hygienic facilities

 

 

 

overcrowding, no or restricted access to toilet, lack of privacy for toilet, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack or insufficient quantity of food

 

 

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to shower, lack or inadequate furniture, overcrowding, lack of or insufficient physical exercise in fresh air, lack of toiletries

Art. 3 - inadequate conditions of detention during transport - from 11/09/2018 to 14/09/2018 (transit cell, van and train): overcrowding, restricted access to toilet, lack of sleeping place;

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators. IK-5 Krasnoyarsk Region, 11/11/2018 - pending as of 16/09/2022;

 

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention; in respect of inadequate conditions during transport and in respect of permanent video surveillance in detention facility.

13,500

  1.  

28200/18

27/06/2018

Oleg Nikolayevich SENCHENKO

1980

 

 

IK-34 Krasnoyarsk Region

21/10/2014 to

04/05/2018

3 year(s) and 6 month(s) and 14 day(s)

 

 

IK-5 Krasnoyarsk Region

07/05/2018

pending as of 16/09/2022

4 year(s) and 4 month(s) and 10 day(s)

138 inmate(s)

2.6 to 3.1 m²

 

 

 

 

100 inmate(s)

2.5 m²

4 toilet(s)

no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to shower, no or restricted access to running water, no winter shoes

 

see above

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

12,500

  1.  

28906/18

01/06/2018

Aleksey Aleksandrovich LUTKOV

1978

 

 

LIU-4 Republic of Udmurtiya

07/11/2017 to

26/08/2019

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

2,5 m²

3 toilet(s)

inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of requisite medical assistance, lack or insufficient quantity of food, poor quality of food

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

7,600

  1.  

29047/18

27/07/2018

Yevgeniy Anatolyevich IVANOV

1974

 

 

IK-5 Krasnoyarsk Region

15/10/2014 to

12/01/2022

7 year(s) and 2 month(s) and 29 day(s)

110 inmate(s)

2.1 m²

4 toilet(s)

mouldy or dirty cell, inadequate temperature, lack of or insufficient electric light, lack of fresh air

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

12,500

  1.  

29272/18

01/06/2018

Pavel Valeryevich KORCHAGIN

1966

 

 

IK-11 Nizhniy Novgorod Region

02/05/2017

pending as of 16/09/2022

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

1.7 m²

overcrowding (cell, courtyard, kitchen), infestation of cell with insects/rodents, restricted access to toilet, lack of fresh air, poor quality of food, inadequate hygienic facilities, inadequate temperature, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air

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

12,500

  1.  

30164/18

11/06/2018

Roman Aleksandrovich GLADYSHEV

1980

 

 

IK-11 Nizhniy Novgorod Region

17/07/2018

pending as of 16/09/2022

4 year(s) and 2 month(s)

1.9 m²

overcrowding, no or restricted access to toilet, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food

 

12,500

  1.  

31174/18

13/06/2018

Valeriy Aleksandrovich SMIRNOV

1970

 

 

IK-1 Syktyvkar

12/10/2017 to

11/06/2018

8 month(s)

40 inmate(s)

2 m²

overcrowding, no or restricted access to potable water, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, passive smoking

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

3,600

  1.  

31470/18

19/06/2018

Yevgeniy Aleksandrovich TYSHKO

1972

 

 

IK-5 Krasnoyarsk Region

20/12/2017 to

16/03/2018

2 month(s) and 25 day(s)

15 inmate(s)

2.9 m²

inadequate temperature, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of privacy for toilet

 

1,800

  1.  

31529/18

09/06/2018

IvanVladimirovich KLIMCHENKO

1987

 

 

IK-11 Nizhniy Novgorod Region

18/12/2017

pending as of 16/09/2022

4 year(s) and 8 month(s) and 30 day(s)

1.5 m²

overcrowding, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents

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

12,500

  1.  

32027/18

30/07/2018

Sergey Fedorovich VALUYSKIY

1994

 

 

IK-1 Komi Republic

25/08/2017

pending as of 16/09/2022

5 year(s) and 23 day(s)

1.6 m²

overcrowding, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, passive smoking, lack of privacy for toilet, no or restricted access to potable water, no or restricted access to shower, lack of toiletries

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

 

Art. 3 - inadequate conditions of detention during transport - 1. van (IK-1 the Komi Republic - Syktyvkar rail station / Ukhta rail station - Prison hospital no. 18 (FKLPU B-18) Republic of Komi,

from 27/07/2018 to 28/07/2018 - insufficient personal space (0.25 sq. m);

2. train (Syktyvkar - Ukhta); from 27/07/2018 to 28/07/2018; overcrowding (0.28 sq. m), insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to toilet, lack of fresh air, inadequate temperature

13,500

  1.  

32041/18

03/07/2018

Viktor Petrovich LUSHIN

1948

 

 

IK-11 Nizhniy Novgorod Region

31/08/2016

pending as of 16/09/2022

6 year(s) and 17 day(s)

121 inmate(s)

1.4 m²

7 toilet(s)

overcrowding, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, inadequate temperature, no or restricted access to toilet, overall surface of the cell did not allow to move freely between furniture items, poor quality of food, anti-sanitary conditions in dormitory

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

12,500

  1.  

32594/18

16/06/2018

Sergey Nikolayevich ALTYNOV

1986

 

 

IK-8 Novosibirsk Region

30/01/2017 to

20/02/2018

1 year(s) and 22 day(s)

 

IK-8 Novosibirsk Region

05/04/2018

pending as of 16/09/2022

4 year(s) and 5 month(s) and 12 day(s)

<3 m²

 

 

 

 

<3 m²

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

 

 

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

 

12,500

  1.  

32936/18

29/06/2018

Ruslan Borisovich PETROCHENKOV

1992

 

 

IK-5 Kirov Region

22/02/2016 to

29/10/2018

2 year(s) and 8 month(s) and 8 day(s)

105 inmate(s)

2.4 m²

overcrowding, no or restricted access to shower, poor quality of food, anti-sanitary conditions

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

6,300

  1.  

32973/18

10/07/2018

Andrey Ivanovich NAZIN

1977

 

 

IK-5 Krasnoyarsk Region

01/10/2010 to

13/11/2019

9 year(s) and 1 month(s) and 13 day(s)

120 inmate(s)

2.5 m²

4 toilet(s)

overcrowding, insufficient number of toilets and wash basins, lack of or inadequate hygienic facilities, lack of privacy for toilet, passive smoking, lack of fresh air, lack of or insufficient electric light, lack or inadequate furniture, insufficient sports equipment in the exercise yard, inadequate temperature, inadequate clothing allowance, no hygiene items provided, no or restricted access to shower, poor quality of food, lack or insufficient quantity of food

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

 

Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - video surveillance by female guards in transit cell no. 3 of IK-5 Krasnoyarsk Region where he was detained on 03/07/2019 and 24/07/2019;

 

Art. 3 - inadequate conditions of detention during transport - van between the detention facilities on 03/07/2019 and 24/07/2019 (overcrowding, 0.2 sq. m of personal space, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety belts)

10,300

  1.  

33138/18

27/06/2018

Ilyas Zhunitovich DZHABRAILOV

1979

 

 

IK-11 Nizhniy Novgorod Region

03/12/2012 to

01/07/2019

6 year(s) and 6 month(s) and 29 day(s)

110 inmate(s)

2 m²

4 toilet(s)

lack or inadequate furniture, no or restricted access to warm water, overcrowding

 

8,300

 

 


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


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