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You are here: BAILII >> Databases >> European Court of Human Rights >> CHIVKIN AND OTHERS v. RUSSIA - 55248/18 (Article 3 - Prohibition of torture : First Section Committee) [2023] ECHR 967 (30 November 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/967.html Cite as: [2023] ECHR 967 |
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FIRST SECTION
CASE OF CHIVKIN AND OTHERS v. RUSSIA
(Applications nos. 55248/18 and 50 others -
see appended list)
JUDGMENT
STRASBOURG
30 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Chivkin and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 9 November 2023,
Delivers the following judgment, which was adopted on that date:
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
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
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 case-law regarding cramped and defective conditions in the detention and 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 cases.
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 cases 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.
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 findings in Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), concerning placement of applicants in a metal cage in courtrooms; Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, relating to inadequate conditions of detention after conviction and lack of effective remedies in this respect; and Tomov and Others, cited above, §§ 143-156, as regards the lack of effective remedies in respect of conditions of transport.
13. In view of the above findings under Article 3 of the Convention, the Court considers that there is no need to deal separately with the complaints under Article 13 of the Convention relating to the lack of an effective remedy as regards placement in a cage at a court hearing (for similar approach see Valyuzhenich v. Russia, no. 10597/13, § 27, 26 March 2019).
14. Regard being had to the documents in its possession and to its case-law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos. 17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(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 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention during transport)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Means of transport Start and end date | Sq. m per inmate | Specific grievances | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
25/06/2019 | Andrey Vasilyevich CHIVKIN 1992 |
| train, van 19/08/2019 to 20/09/2019 | 0.8- 1.5 m2 | inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, 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 | |
21/11/2018 | Rustem Valeriyanovich KHAMZIN 1977 |
| transit cell, van 31/05/2017 to 30/07/2018 | 0.2 m²
| no ventilation, lack of sitting places, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, passive smoking, lack of privacy for toilet, lack of fresh air, inadequate temperature, absence of safety belts and other safety equipment in a van, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to warm water, 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 during transport | 1,000 | |
15/11/2018 | Aleksandr Sergeyevich ZHDANOV 1997 |
| transit cell, van, numerous occasions of transport between the detention facility and the courthouse in the period 13/06/2018 to 03/10/2018 | 0.2 m²
| overcrowding, passive smoking, mouldy or dirty cell, glass cell in van
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage in the Pechora Town Court in a number of hearings between 13/06/2018 and 03/10/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
09/11/2018 | Sergey Nikolayevich KOSAREV 1985 |
| train, transit cell, van 26/01/2018 to 22/05/2018 |
| insufficient number of sleeping places, lack of safety equipment inside the vans, overcrowding (in Stolypin wagon there were 40 inmates where it could accommodate only 30), lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet, lack or insufficient quantity of food
|
| 1,000 | |
06/11/2018 | Anton Yevgenyevich NIKITIN 1983 |
| train 11/07/2018 to 12/07/2018 |
| overcrowding (transported with 12 inmates in a special wagon), insufficient number of sleeping places, lack of or inadequate hygienic facilities, inadequate temperature, passive smoking, no or restricted access to toilet
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
14/11/2018 | Andrey Aleksandrovich VAZHANOV 1979 |
| train, van 21/09/2018 to 23/09/2018
train 28/10/2021 to 07/02/2022 | 0.3 m²
| overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to toilet, lack of fresh air, passive smoking, inadequate temperature
lack of privacy for toilet, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, lack of or poor quality of bedding and bed linen, inadequate temperature, overcrowding, the applicant awaited the departure of the train for 6 hours, having been confined to a train compartment, the transfer lasted 16 hours | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
09/11/2018 | Yakov Viktorovich MACHULSKIY 1983 |
| van, train 02/07/2018 to 03/07/2018
train, transit cell, van 07/08/2018 to 08/08/2018 | 0.5 m²
0.3 m²
| lack of fresh air, no or restricted access to toilet, poor quality of food
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
12/11/2018 | Aleksandr Viktorovich AVERIN 1975 |
| train, van 03/10/2018 to 05/10/2018 train, van 03/02/2019 to 04/02/2019 |
| lack of fresh air, insufficient number of sleeping places, overcrowding (transported in a compartment for 5 inmates together with 12 inmates) |
| 1,000 | |
07/11/2018 | Stepan Igorevich SHLYAKHTINTSEV 1992 |
| van, transit cell 31/05/2018 to 31/05/2018 | 0.3 m²
| overcrowding, lack of fresh air, passive smoking, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to running water
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms in the Leninsky District Court of Krasnoyarsk, on 31/05/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
19/11/2018 | Ural Gayfullovich YAKUPOV 1991 |
| van, transit cell 30/05/2017 to 30/07/2018 | 0.2-0.7 m²
| lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
19/11/2018 | Ilgiz Failovich GIMALETDINOV 1988 |
| van, convoy cells (SIZO-1 Ufa - Ordzhonikidzevskiy District Court of Ufa) - multiple trips 01/06/2017 to 30/07/2018 | 0.3 - 1 m²
| overcrowding, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, 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 | |
13/11/2018 | Ibragim Magomedovich ASLAMKHANOV 1974 |
| transit cell, van, train 29/03/2018 to 25/07/2018 |
| insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, overcrowding, passive smoking, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
21/11/2018 | Yuriy Vyacheslavovich TSYPLAKOV 1991 |
| train 03/07/2018 to 04/07/2018
transit cell 04/07/2018 to 04/07/2018
van 07/08/2018 to 07/08/2018 | 0.35 m²
1.3 m²
0.2 m²
| overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, absence of warm food, lack of warm potable water, absence of cold potable water, no or restricted access to toilet, lack of privacy for toilet, lack of or poor quality of bedding and bed linen
overcrowding, passive smoking, no or restricted access to toilet, lack of privacy for toilet, lack of fresh air, lack of or insufficient natural light, no access to potable water, no or restricted access to warm water
overcrowding, lack of fresh air, inadequate temperature, lack of or insufficient electric light | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
20/11/2018 | Maksim Vladimirovich SAMOYLOV 1988 |
| train, transit cell, van 30/09/2018 to 08/10/2018 |
| insufficient number of sleeping places, lack of fresh air, overcrowding, poor quality of food, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
04/11/2018 | Sergey Nikolayevich DMITRIYEV 1976 |
| van, train 07/05/2018 to 15/05/2018 |
| overcrowding, lack of or poor quality of bedding and bed linen, transported with more than 16 inmates in a special wagon
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
24/11/2018 | Danil Fedorovich IBRAGIMOV 1990 |
| van, numerous occasions of transport between detention facilities 10/10/2017 to 10/10/2018 | 0.25 m²
| overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - in the Naberezhnye Chelny Town Court from 10/10/2017 to 07/08/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
21/11/2018 | Dmitriy Yuryevich BOGATOV 1977 | Anton Petrovich Sychugov Volgograd | transit cell, van, numerous occasions of transport between the detention facility and the courthouse 09/02/2017 to 20/08/2018 | < 0.5 m2 | overcrowding, inadequate temperature, lack of security measures
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - from 09/02/2017 to 20/08/2018 on many occasions during the proceedings in the Traktorozavodskiy District Court of Volgograd | 8,500 | |
12/11/2018 | Andrey Anatolyevich BILETSKIY 1959 |
| train 14/09/2018 to 14/09/2018 | 0.5 m²
| overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, lack of fresh air, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
19/11/2018 | Ilnur Abelkasimovich AKHMETSHIN 1978 |
| transit cell, van, numerous instances of transport between the detention facility and the courthouse 04/07/2018 to 10/10/2018 |
| inadequate temperature, lack of fresh air, no or restricted access to toilet, transported in "stakan", small compartment
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
20/11/2018 | Igor Vyacheslavovich IVANOV 1981 |
| van, train from IK-1 to FKLPU B-18 (Komi Republic) 09/11/2018 to 10/11/2018 | 0.25 m²
| overcrowding, no or restricted access to toilet, insufficient number of sleeping places
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
19/11/2018 | Oleg Andronikovich MODVAL 1986 | Andrey Anatolyevich Malinin Pechora | van, train, two journeys 21/10/2018 to 25/10/2018 | 0.3 m²
| lack of fresh air, inadequate temperature, 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 | |
10/11/2018 | Sergey Nikolayevich KULIKOV 1987 |
| van, transit cell 14/01/2019 to 04/02/2019 | 1.7-1.8 m²
| lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, constant electric light, lack of ventilation, lack of fresh air, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, insufficient number of sleeping places, passive smoking, inadequate temperature |
| 1,000 | |
14/01/2019 | Andrey Yuryevich CHERNETSOV 1982 |
| van, transit cell 02/06/2018 to 22/10/2018 |
| lack of fresh air, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, 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 | |
26/11/2018 | Andrey Sergeyevich SPIRIDONOV 1987 |
| "stakan", van 30/09/2017 to 15/10/2018
train 08/12/2018 to 09/12/2018
"stakan", van 09/12/2018 to 09/12/2018 | 1 m²
0.8 m²
0.5 m²
| applicant transported on numerous occasions, severe lack of personal space, restricted access to toilet
no or restricted access to toilet, no or restricted access to running water, bunk beds, lack of or poor quality of bedding and bed linen, inadequate temperature
lack of personal space | Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of a metal cage during hearings before the Arzamas Town Court of the Nizhniy Novgorod Region and at the appeal hearing conducted via video conference (appeal judgment of the Nizhniy Novgorod Regional Court of 22/08/2019),
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
13/11/2018 | Aleksandr Vladimirovich AVDEYEV 1984 |
| van, train 19/07/2018 to 20/07/2018 | 0.3 m²
| lack of fresh air, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
21/01/2019 | Nikita Vladimirovich ZHIRIN 1993 |
| van 14/09/2017 to 03/12/2018 | 0.4 m² | passive smoking, placement in a solitary compartment
| Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the premises of the Zheleznodorozhnyy District Court of Krasnoyarsk from 23/08/2018 to 03/12/2018,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 8,500 | |
19/11/2018 | Vladimir Vladimirovich LOTKOV 1977 |
| train, transit cell, van 03/10/2018 to 05/10/2018 | 0.5 m²
| insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
26/11/2018 | Mikhail Igorevich LOGINOV 1970 |
| van, transit cell, numerous occasions of transport from the detention facility to take part in investigative actions or court hearings from 09/09/2014 to 19/10/2018 | 0.2 m²
| lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, overcrowding, passive smoking, no or restricted access to toilet, no or restricted access to potable water |
| 1,000 | |
03/12/2018 | Pavel Aleksandrovich TIMOSHEVSKIY 1972 |
| train, transit cell, van 09/06/2018 to 22/07/2018 | 0.5 m²
| inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, poor quality of potable water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
03/12/2018 | Vasilisa Vitalyevna LOBANOVA 1988 |
| train 23/04/2018 to 29/10/2018 | 0.3 m²
| lack of fresh air, insufficient number of sleeping places, overcrowding |
| 1,000 | |
29/11/2018 | Maksim Yevgenyevich ZYUBA 1980 |
| train, van, transit cell 25/09/2018 to 26/09/2018 | 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 | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
29/11/2018 | Dmitro Aleksandrovich STRAKHOLIS 1973 |
| train, transit cell, 10/06/2018 to 01/10/2018 | 0.3 m²
| lack of fresh air, no or restricted access to toilet, no or restricted access to potable water |
| 1,000 | |
23/11/2018 | Nikolay Vladimirovich MOZGLYAKOV 1984 |
| train 16/09/2018 to 20/09/2018
train 24/01/2020 to 29/01/2020 | 0.63 m2 | overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water, lack of or poor quality of bedding and bed linen
applicant transported on numerous occasions, 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 | |
29/11/2018 | Aleksandr Nikolayevich CHUMASH 1960 |
| train, transit cell, van 10/01/2019 to 12/02/2019 |
| overcrowding, constant electric light, lack of or insufficient electric light, lack of or insufficient natural light, 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 | |
21/11/2018 | Vitaliy Yuryevich MIKHAYLOVSKIY 1987 | Yevgeniy Sergeyevich Yezhov Velikiy Novgorod | train, transit cell 23/05/2018 to 26/05/2018 | 1.8 m² (cell)
| overcrowding, lack of fresh air, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, 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 during transport | 1,000 | |
11/12/2018 | Bashir Alaudinovich PLIYEV 1966 |
| train, van 17/06/2018 to 27/06/2018
train, van 27/08/2018 to 29/09/2018
train, van 31/10/2018 to 01/11/2018 | 0.26 m2
0.26 m2
0.21 m2
| insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to toilet, overcrowding, passive smoking
overcrowding, lack of fresh air, lack of seat belts in van, lack of privacy for toilet, no or restricted access to toilet, insufficient number of sleeping places, passive smoking
overcrowding, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or insufficient quantity of food | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
18/12/2018 | Ivan Romanovich KOLDARAY 1988 |
| van 01/10/2018 to 01/10/2018
train 01/10/2018 to 02/10/2018 | 0.27 m²
0.35 m²
| overcrowding
overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to warm 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 | |
28/11/2018 | Yevgeniy GRIGORYEV 1984 |
| van 04/07/2018 to 04/07/2018
train, van 28/08/2018 to 31/08/2018
van, train 15/09/2018 to 16/09/2018
train, van 28/09/2018 to 28/09/2018 | 0.2 m²
0.2 m²
0.2 m²
0.2 m²
| overcrowding, lack of fresh air, lack of or insufficient natural light, inadequate temperature, lack of handrails in a van
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to running water, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of handrails in a van, passive smoking, no or restricted access to toilet
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to running water, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of handrails in a van, passive smoking, no or restricted access to toilet
overcrowding, lack of fresh air, inadequate temperature, no or restricted access to running water, lack of or insufficient electric light, lack of handrails in a van, passive smoking, no or restricted access to toilet | Art. 3 - inadequate conditions of detention after conviction - in IK-1 Komi Republic from 29/09/2018 to 02/09/2019; inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack of privacy for toilet, mouldy or dirty cell, no or restricted access to warm water, overcrowding, poor quality of food; personal space: 85 sq. m. for 40 inmates: 2.1 sq. m per person in compliance with national standard,
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention and in respect of inadequate conditions of detention during transport
| 6,000 | |
06/12/2018 | Semen Valeryevich KONDRATYUK 1987 |
| train 03/08/2018 to 05/08/2018
train 23/08/2018 to 25/08/2018 | 0.3 m²
0.2 m²
| overcrowding, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water overcrowding, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to running water | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
07/12/2018 | Ivan Aleksandrovich DEYNICHENKO 1970 |
| van 22/08/2018 to 22/08/2018
train 22/08/2018 to 23/08/2018
| 0.4 m²
0.5 m²
| overcrowding
overcrowding, lack or insufficient quantity of food, no or restricted access to potable water, poor quality of potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
02/04/2019 | Oleg Mikhaylovich SHABURKIN 1990 |
| van transfer from IK-7 Krasnoyarsk Region to IK-23 Krasnoyarsk Region on 13/11/2018 | 0.16 m2 | lack of fresh air, overcrowding, no or restricted access to toilet, no or restricted access to potable water
| Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
12/02/2019 | Anton Andreyevich NELAYEV 1987 |
| van, train 09/12/2018 to 10/12/2018
van 27/12/2018 to 27/12/2018
train 27/12/2018 to 27/12/2018 | 0.3 m²
0.25 m²
0.43 m²
| lack of seat belts in van, inadequate temperature, lack of or insufficient electric light, insufficient number of sleeping places, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet
overcrowding, lack of or insufficient electric light, inadequate temperature, no handrails, no safety belts
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
13/12/2018 | Dmitriy Sergeyevich KALOSHIN 1983 |
| van, train, transit cells 11/06/2018 to 07/08/2018 | 0.33 m²
| overcrowding, no or restricted access to toilet, no or restricted access to potable water, poor quality of 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 | |
19/09/2018 | Roman Vyacheslavovich MEDVEDEV 1985 |
| van, train 17/08/2018 to 19/08/2018 | 0.36 m²
| overcrowding, lack or insufficient quantity of food, poor quality of food, 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 | |
12/12/2018 | Vasiliy Valeryevich LAVROV 1989 |
| train, transit cell, van 19/12/2018 to 28/12/2018 | 0.38 m²
| overcrowding, lack of fresh air, passive smoking, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, inadequate temperature, lack or insufficient quantity of food
|
| 1,000 | |
07/12/2018 | Yevgeniy Igorevich REDKO 1985 |
| train 23/08/2018 to 25/08/2018 |
| overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or insufficient electric light, no or restricted access to toilet, passive smoking | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
16/02/2019 | Oleg Mikhaylovich ISAKOV 1984 |
| van, train 04/09/2018 to 06/09/2018 | 0.36 m²
| overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air, lack or insufficient quantity of food, insufficient number of sleeping places
| Art. 3 - inadequate conditions of detention after conviction - IK-1 Komi Republic, since 23/09/2018 and pending as of 16/09/2022, less than 1 sq. m of personal space, bunk beds, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient electric light, no or insufficient disinfection of barbering and haircutting tools, lack of or poor quality of bedding and bed linen, poor quality of food, lack of toiletries,
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 after conviction | 13,500 | |
10/12/2018 | Dmitriy Nikolayevich BELKA 1970 |
| train 15/09/2018 to 15/09/2018
train 01/11/2019 to 01/11/2019
train, van 22/11/2019 to 22/11/2019 | 0.24 m²
0.29 m2
0.27 m2 | overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to toilet
overcrowding, lack of fresh air, insufficient number of sleeping places, no or restricted
access to toilet, overcrowding overcrowding, lack of fresh air, insufficient number of sleeping places, 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 | |
25/03/2019 | Konstantin Grigoryevich ZUBOV 1989 |
| transit cell, van 26/07/2018 to 11/10/2018 | 0.1-0.6 m²
| lack of fresh air, no or restricted access to running water, no or restricted access to potable water, no or restricted access to toilet, lack or insufficient quantity of food, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature |
| 1,000 | |
19/04/2019 | Vitaliy Vitalyevich REMESHEVSKIY 1983 |
| van, train 03/12/2018 to 25/12/2018 | 0.57 m2 | overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, poor quality of food, lack or inadequate furniture, inadequate temperature | Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport | 1,000 | |
21/11/2018 | Ayaz Mekhti ogly DZHAFAROV 1992 |
| van, train 05/08/2018 to 05/08/2018
van, train 21/08/2018 to 21/08/2018 | 0.2-0.3 m²
0.2-0.3 m² | no or restricted access to toilet, no or restricted access to potable water, overcrowding, lack of fresh air
see above |
| 1,000 |
[1] Plus any tax that may be chargeable to the applicants.
