YANDIYEV AND OTHERS v. RUSSIA - 26259/18 (Article 3 - Prohibition of torture : First Section Committee) [2023] ECHR 837 (26 October 2023)

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You are here: BAILII >> Databases >> European Court of Human Rights >> YANDIYEV AND OTHERS v. RUSSIA - 26259/18 (Article 3 - Prohibition of torture : First Section Committee) [2023] ECHR 837 (26 October 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/837.html Cite as: [2023] ECHR 837

FIRST SECTION

CASE OF YANDIYEV AND OTHERS v. RUSSIA

(Applications nos. 26259/18 and 50 others -

see appended list)

JUDGMENT

STRASBOURG

26 October 2023

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

In the case of Yandiyev 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 5 October 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 dates indicated in the appended table.

2. The Russian Government were given notice of the applications.

THE FACTS

3. A 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 complaints under other Convention provisions.

THE LAW

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.

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).

ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

7. The applicants complained principally of the inadequate conditions of detention during their transport. They relied on Article 3 of the Convention.

8. The Court notes that the applicants were detained in poor conditions during transport. The details of the applicants' detention are indicated in the appended table. The Court refers to the principles established in its case-law regarding cramped and defective conditions during the transit of prisoners (see Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 124-27, 9 April 2019). It reiterates in particular that a strong presumption of a violation arises when detainees are transported in conveyances offering less than 0.5 square metres of space per person, regardless of whether such cramped conditions result from an excessive number of detainees being transported together or from the restrictive design of compartments (ibid., § 125). As regards longer journeys, factors such as a failure to arrange an individual sleeping place for each detainee or to secure an adequate supply of drinking water and food or access to the toilet seriously aggravate the situation of prisoners during transfers and are indicative of a violation of Article 3 (ibid., § 127).

9. In the leading case of Tomov and Others (cited above), the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' conditions of detention during their transport were inadequate.

11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. The applicants whose names are listed in the appended table also complained under Article 13 of the Convention of the lack of an effective remedy for their complaints about poor conditions of detention during transport and under Article 3 about the use of metal cages or other security arrangements in courtrooms. 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 a violation of the Convention in the light of its findings in Tomov and Others (cited above, §§ 143-56), and Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 140-50, 17 July 2018, respectively.

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, 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,

Decides to join the applications;
Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
Declares the applications admissible;
Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention during transport;
Holds that there has been a violation of Article 3 of the Convention and Article 13 of the Convention, taken in conjunction with Article 3, in respect of the applicants who raised other complaints under the well-established case-law of the Court (see the appended table);
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 26 October 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]
26259/18 03/05/2018	Islam Bekkhanovich YANDIYEV 1989		train 17/12/2017 to 26/01/2018	< 3 m²	overcrowding, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to warm water		1,000
35992/18 13/05/2018	Denis Fedorovich DEGTYAREV 1982		van, transit cell, train 12/04/2018 to 12/04/2018	0.2 m²	overcrowding		1,000
38241/18 27/07/2018	Vladimir Yuryevich PLOTNIKOV 1984		van, train 11/04/2018 to 12/04/2018	0.3 m²	overcrowding, inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, passive smoking, poor quality of food, poor quality of potable water, lack of safety equipment inside the van	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
38310/18 30/07/2018	Aleksandr Alekseyevich SKRYABIN 1988		train (Syktyvkar - Vorkuta) 12/03/2018 to 14/03/2018 van (IZ-11/1 Verkhniy Chov - Syktyvkar rail station) 12/03/2018 to 12/03/2018 van (Vorkuta rail station - IZ-11/3) 14/03/2018 to 14/03/2018 train (Vorkuta - Ukhta) 01/04/2018 to 02/04/2018 train (Ukhta - Syktyvkar) 12/04/2018 to 12/04/2018	0.38 m² 0.34 m² 0.34 m² 0.38 m² 0.38 m²	overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air overcrowding overcrowding overcrowding, insufficient number of sleeping places, no or restricted access to toilet overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air		1,000
39438/18 03/08/2018	Sergey Robertovich SAFRONOV 1966	Aleksandr Vladimirovich Vinogradov Kostroma	train 18/02/2018 to 21/02/2018	0.6 m²	overcrowding, no or restricted access to toilet, insufficient number of sleeping places		1,000
39975/18 06/08/2018	Vadim Viktorovich KOTOV 1977	Olga Viktorovna Golub Suzemka	train (Minusinsk - Achinsk) 26/04/2018 to 27/04/2018 train (Omsk - Chelyabinsk) 30/04/2018 to 30/04/2018 transit cell (IZ-74/3 Chelyabinsk) 01/05/2018 to 05/05/2018 transit cell (SIZO-1 Samara) 07/05/2018 to 10/05/2018	0.4 m² 0.4 m²	overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, inadequate temperature overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature insufficient number of sleeping places, inadequate temperature insufficient number of sleeping places, inadequate temperature	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
40128/18 07/08/2018	Ivan Igorevich VISKOV 1991		train (12 round-trips Pechora-Vorkuta) 06/04/2018 to 14/07/2018 train (Vorkuta - Ukhta) 09/05/2019 to 11/05/2019		overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of or poor quality of bedding and bed linen insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
41756/18 25/07/2018	Viktor Maksimovich ZAKHAROV 1997		train 09/01/2018 to 05/02/2018	0.8- 1.5 m²	lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or insufficient quantity of food, no or restricted access to toilet, lack of or insufficient electric light, lack of fresh air, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, constant electric light	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
43567/18 29/08/2018	Rinat Rafkatovich KINYABAYEV 1986		van 22/06/2018 to 23/07/2018	1.5 m²	overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, 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
43793/18 16/08/2018	Ilya Sergeyevich MAKAROV 1983		train, van 23/04/2018 to 18/05/2018 train 15/07/2020 to 17/07/2020 train 22/08/2020 to 24/08/2020	0.2 m² 0.47 m²	insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
44361/18 31/08/2018	Elshad Tanyrgulu Ogly GASANOV 1969		train 26/03/2018 to 18/04/2018	0.3 m²	insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, passive smoking, 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
44805/18 03/09/2018	Aleksandr Aleksandrovich MASTEROV 1985		train, van 07/08/2018 to 09/08/2018	0.3 m²	overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of seating space, lack of safety measures, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
46409/18 07/09/2018	Sergey Viktorovich SMIRNOV 1981		train, van 15/04/2018 to 16/04/2018	0.3 m²	insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack or insufficient quantity of food, lack of ventilation	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
48013/18 25/09/2018	Artem Valeryevich LEPICHIN 1995		train 11/05/2018 to 11/05/2018 train 03/06/2018 to 03/06/2018	0.3 m² 0.3 m²	overcrowding overcrowding		1,000
50185/18 09/10/2018	Aleksey Nikolayevich KRUGLOV 1978		van 22/06/2017 to 13/08/2018	0.45 m²	inadequate temperature, lack of fresh air		1,000
50755/18 11/10/2018	Islam Mutagirovich DAVUDOV 1969		train 03/07/2018 to 04/07/2018		insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, overcrowding	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
51960/18 15/10/2018	Sergey Aleksandrovich BARANOV 1976	Aleksandr Vladimirovich Vinogradov Kostroma	train 18/04/2018 to 19/04/2018	0.3 m²	insufficient number of sleeping places, lack of or poor quality of bedding and bed linen		1,000
52517/18 23/10/2018	Nikolay Aleksandrovich SMYSLOV 1980		transit cell, van 24/04/2018 to 03/07/2018	0.3 m²	inadequate temperature, lack of security measures	Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant was placed in a metal cage from 26/01/2018 to 03/07/2018 on 6 occasions during pre-trial and trial before the Vologodskiy District Court of the Vologda Region	8,500
53345/18 24/10/2018	Pavel Vasilyevich KOSTYLEV 1985	Anna Anatolyevna Tugolukova Syktyvkar	train (Syktyvkar - Vorkuta) 05/08/2018 to 07/08/2018 train (Vorkuta - Syktyvkar) 05/09/2018 to 07/09/2018	0.4 m² 0.4 m²	insufficient number of sleeping places 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
53516/18 15/10/2018	Dmitriy Vadimovich OBZHERIN 1982		train, multiple journeys 21/04/2018 to 13/09/2018		lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, 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
55026/18 14/11/2018	Farid Ramazanovich MUSTAFAYEV 1987		van, transit cell 06/02/2015 to 30/07/2018 van, train 28/10/2020 to 11/11/2020 van, transit cell, train 20/07/2021 to 10/11/2021	0.3- 0.8 m² 0.4 m² 0.3 m²	lack of fresh air, inadequate temperature, overcrowding, lack of or insufficient natural light lack of fresh air, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, passive smoking inadequate temperature, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, overcrowding, poor quality of food, lack of or insufficient quantity of food, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
59343/18 26/11/2018	Rostislav Pavlovich KRUPETSKIKH 1968	Irina Vladimirovna Miller Kansk	train 11/06/2018 to 19/06/2018		insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding		1,000
1339/19 29/11/2018	Andrey Sergeyevich SUSLOV 1991		train, transit cell 06/07/2018 to 12/11/2018		lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet, overcrowding, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
1832/19 25/12/2018	Vasiliy Fedorovich KARPOV 1955		van 26/11/2018 to 24/12/2018	0.3 m²	lack of fresh air, single occupancy cell, transportation in "stakan", lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet		1,000
2965/19 17/06/2019	Dmitriy Aleksandrovich KARAVAYCHIK 1983		van, transit cell 13/04/2018 to 03/06/2019	< 1 m²	overcrowding, lack or insufficient quantity 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 during transport	1,000
7889/19 09/01/2019	Azamat Zaurbiyevich TKHABISIMOV 1978		train, van 14/01/2019 to 04/02/2019	0.3 m²	insufficient number of sleeping places, passive smoking, poor quality of food, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air, inadequate temperature		1,000
12294/19 28/03/2019	Viktor Nikolayevich BILOKONYUK 1983	Roman Nikolayevich Petrov Cheboksary	train, transit cell, van 18/12/2018 to 24/01/2019	0.2 m²	insufficient number of sleeping places, overcrowding, no or restricted access to toilet		1,000
15240/19 23/02/2019	Denis Alekseyevich IVLEV 1989		Transport from IK-25 Chelyabinsk Region to IK-11 Nizhniy Novgorod Region, transit cell, train, van 19/12/2018 to 28/12/2018	< 0.5 m²	lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet		1,000
20423/19 04/04/2019	Sergey Alekseyevich GRIGORYEV 1971		train (Arkhangelsk region) 23/03/2019 to 24/03/2019		no or restricted access to 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
23325/19 25/03/2019	Aleksandr Borisovich TITOV 1986		train / transit cell / van (IK-16 - IK-29 Arkhangelsk Region) 24/02/2019 to 25/02/2019	0.2- 0.5 m²	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 insufficient physical exercise in fresh air, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, overcrowding, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
24085/19 12/04/2019	Ivan Aleksandrovich IVASHEV 1986		transfer from SIZO-4 St Petersburg to SIZO-2 Vologda Region, train 23/11/2018 to 24/11/2018 transfer from SIZO-2 Vologda Region to SIZO-2 Komi Republic, train 05/12/2018 to 06/12/2018		insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
24909/19 22/04/2019	Sergey Aleksandrovich LISTRATOV 1986		transit cell, van 17/12/2018 to 21/12/2018	0.3 m²	overcrowding, inadequate temperature, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of privacy for toilet, passive smoking	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
27800/19 14/05/2019	Rostislav Vasilyevich VASILYEV 1987		train, transit cell, van 22/11/2018 to 26/12/2018		overcrowding, no or restricted access to potable water, no or restricted access to toilet	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
30087/19 25/05/2019	Nikolay Nikolayevich UVAROV 1985		train, van 17/02/2019 to 26/02/2019	0.5 m²	no or restricted access to toilet		1,000
30786/19 15/05/2019	Oleg Aleksandrovich RITMAN 1988	Yelena Vladislavovna Chernyak St Petersburg	van, transit cell 10/01/2019 to 23/05/2019				1,000
33300/19 10/06/2019	Vitaliy Nikolayevich ALFEROV 1976		van, train 18/12/2018 to 24/01/2019		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
33301/19 10/06/2019	Leonid Viktorovich USENKO 1989		train, transit cell, van 29/12/2018 to 26/01/2019		overcrowding, mouldy or dirty cell, 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
34242/19 10/06/2019	Aleksandr Nikolayevich KETOV 1986		train, van 17/04/2019 to 18/04/2019		passive smoking, overcrowding, 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
34311/19 12/06/2019	Roman Mikhaylovich SUNSHEV 1969		train, transit cell, van 01/02/2019 to 18/02/2019	0.3 m²	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
34432/19 03/06/2019	Gennadiy Valentinovich ZAICHKA 1977		van, train, transit cell 14/12/2018 to 17/01/2019		overcrowding, lack of fresh air, no or restricted access to toilet, passive smoking, 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
35890/19 10/06/2019	Yevgeniy Aleksandrovich TSYKUNOV 1978		train (IK-8 Bashkortostan Republic - IK-4 Stavropol Region) 17/12/2018 to 03/01/2019		insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, no or restricted access to potable water	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
37059/19 25/06/2019	Sergey Anatolyevich ABRAMOV 1981		train, van 08/11/2018 to 26/12/2018	0.3 m²	no or restricted access to potable water, no or restricted access to toilet, passive smoking, 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 during transport	1,000
38283/19 21/06/2019	Azamat Takhirovich TOLGUROV 1991		train, van 20/11/2018 to 21/01/2019		insufficient number of sitting places, lack or inadequate furniture, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water, lack of or inadequate hygienic facilities, no or restricted access to running water, passive smoking, inadequate temperature		1,000
38344/19 08/07/2019	Anton Vladimirovich SHEVCHENKO 1986		train, van, transit cells 09/04/2019 to 08/05/2019		no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient electric light, overcrowding, 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
39123/19 01/07/2019	Denis Aleksandrovich DENISENKO 1983		train, van, transit cell 28/01/2019 to 18/02/2019		overcrowding, passive smoking, mouldy or dirty cell, lack of privacy for toilet, lack of fresh air	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
39288/19 12/07/2019	Kirill Andreyevich STAROVOYTOV 1992		train 12/01/2019 to 13/01/2019	0.75 m²	overcrowding, passive smoking, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 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
42583/19 25/07/2019	Andrey Aleksandrovich KHOROKHORDIN 1981		train 24/12/2018 to 12/02/2019		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
44377/19 13/08/2019	Radik Ayratovich AVZALETDINOV 1987		train, transit cell, van 13/03/2019 to 01/04/2019		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
52740/19 27/09/2019	Pavel Mikhaylovich VARLAMOV 1973		train 21/05/2019 to 22/05/2019	0.25 m²	no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
36785/20 25/07/2020	Aleksandr Yuryevich MAKASHIN 1997	Dmitriy Nikolayevich Shkelev Bor	van, train 28/03/2020 to 29/03/2020	< 0.5 m²	insufficient number of sleeping places, overcrowding, no or restricted access to toilet	Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport	1,000
42072/20 20/10/2020	Arsen Bagratovich BABAYAN 1990		a single-prisoner cubicle ("stakan") 13/03/2020 to 13/03/2020	0.25 m²	lack of fresh air, the applicant claims having went through an operation which aggravated his conditions of transport, duration of more than 2 hours	Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of a glass cabin to hold the applicant during criminal trial, 13/03/2020, in the Tsentralnyy District Court of Chelyabinsk (overcrowding, 7 persons)	8,500

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

Other complaints under well-established case-law

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

(in euros)[1]

26259/18

03/05/2018

Islam Bekkhanovich YANDIYEV

1989

train

17/12/2017 to

26/01/2018

< 3 m²

overcrowding, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to warm water

1,000

35992/18

13/05/2018

Denis Fedorovich DEGTYAREV

1982

van, transit cell, train

12/04/2018 to

12/04/2018

0.2 m²

overcrowding

1,000

38241/18

27/07/2018

Vladimir Yuryevich PLOTNIKOV

1984

van, train

11/04/2018 to

12/04/2018

0.3 m²

overcrowding, inadequate temperature, lack of fresh air, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, passive smoking, poor quality of food, poor quality of potable water, lack of safety equipment inside the van

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

1,000

38310/18

30/07/2018

Aleksandr Alekseyevich SKRYABIN

1988

train (Syktyvkar - Vorkuta)

12/03/2018 to

14/03/2018

van (IZ-11/1 Verkhniy Chov - Syktyvkar rail station)

12/03/2018 to

12/03/2018

van (Vorkuta rail station -

IZ-11/3)

14/03/2018 to

14/03/2018

train (Vorkuta - Ukhta)

01/04/2018 to

02/04/2018

train (Ukhta - Syktyvkar)

12/04/2018 to

12/04/2018

0.38 m²

0.34 m²

0.38 m²

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

overcrowding

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

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

1,000

39438/18

03/08/2018

Sergey Robertovich SAFRONOV

1966

Aleksandr Vladimirovich Vinogradov

Kostroma

train

18/02/2018 to

21/02/2018

0.6 m²

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

1,000

39975/18

06/08/2018

Vadim Viktorovich KOTOV

1977

Olga Viktorovna Golub

Suzemka

train (Minusinsk - Achinsk)

26/04/2018 to

27/04/2018

train (Omsk - Chelyabinsk)

30/04/2018 to

30/04/2018

transit cell (IZ-74/3 Chelyabinsk)

01/05/2018 to

05/05/2018

transit cell (SIZO-1 Samara)

07/05/2018 to

10/05/2018

0.4 m²

overcrowding, insufficient number of sleeping places, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, inadequate temperature

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

insufficient number of sleeping places, inadequate temperature

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

1,000

40128/18

07/08/2018

Ivan Igorevich VISKOV

1991

train (12 round-trips Pechora-Vorkuta)

06/04/2018 to

14/07/2018

train (Vorkuta - Ukhta)

09/05/2019 to

11/05/2019

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

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

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

1,000

41756/18

25/07/2018

Viktor Maksimovich ZAKHAROV

1997

train

09/01/2018 to

05/02/2018

0.8-

1.5 m²

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

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

1,000

43567/18

29/08/2018

Rinat Rafkatovich KINYABAYEV

1986

van

22/06/2018 to

23/07/2018

1.5 m²

overcrowding, lack of privacy for toilet, lack of or insufficient electric light, lack of or insufficient natural light, 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

43793/18

16/08/2018

Ilya Sergeyevich MAKAROV

1983

train, van

23/04/2018 to

18/05/2018

train

15/07/2020 to

17/07/2020

train

22/08/2020 to

24/08/2020

0.2 m²

0.47 m²

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

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

1,000

44361/18

31/08/2018

Elshad Tanyrgulu Ogly GASANOV

1969

train

26/03/2018 to

18/04/2018

0.3 m²

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

44805/18

03/09/2018

Aleksandr Aleksandrovich MASTEROV

1985

train, van

07/08/2018 to

09/08/2018

0.3 m²

overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of seating space, lack of safety measures, passive smoking

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

1,000

46409/18

07/09/2018

Sergey Viktorovich SMIRNOV

1981

train, van

15/04/2018 to

16/04/2018

0.3 m²

insufficient number of sleeping places, no or restricted access to toilet, passive smoking, lack or insufficient quantity of food, lack of ventilation

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

1,000

48013/18

25/09/2018

Artem Valeryevich LEPICHIN

1995

train

11/05/2018 to

11/05/2018

train

03/06/2018 to

03/06/2018

0.3 m²

overcrowding

1,000

50185/18

09/10/2018

Aleksey Nikolayevich KRUGLOV

1978

van

22/06/2017 to

13/08/2018

0.45 m²

inadequate temperature, lack of fresh air

1,000

50755/18

11/10/2018

Islam Mutagirovich DAVUDOV

1969

train

03/07/2018 to

04/07/2018

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

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

1,000

51960/18

15/10/2018

Sergey Aleksandrovich BARANOV

1976

Aleksandr Vladimirovich Vinogradov

Kostroma

train

18/04/2018 to

19/04/2018

0.3 m²

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

1,000

52517/18

23/10/2018

Nikolay Aleksandrovich SMYSLOV

1980

transit cell, van

24/04/2018 to

03/07/2018

0.3 m²

inadequate temperature, lack of security measures

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - the applicant was placed in a metal cage from 26/01/2018 to 03/07/2018 on 6 occasions during pre-trial and trial before the Vologodskiy District Court of the Vologda Region

8,500

53345/18

24/10/2018

Pavel Vasilyevich KOSTYLEV

1985

Anna Anatolyevna Tugolukova

Syktyvkar

train (Syktyvkar - Vorkuta)

05/08/2018 to

07/08/2018

train (Vorkuta - Syktyvkar)

05/09/2018 to

07/09/2018

0.4 m²

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

53516/18

15/10/2018

Dmitriy Vadimovich OBZHERIN

1982

train, multiple journeys

21/04/2018 to

13/09/2018

lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, 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

55026/18

14/11/2018

Farid Ramazanovich MUSTAFAYEV

1987

van, transit cell

06/02/2015 to

30/07/2018

van, train

28/10/2020 to

11/11/2020

van, transit cell, train

20/07/2021 to

10/11/2021

0.3-

0.8 m²

0.4 m²

0.3 m²

lack of fresh air, inadequate temperature, overcrowding, lack of or insufficient natural light

lack of fresh air, lack or insufficient quantity of food, no or restricted access to warm water, no or restricted access to toilet, passive smoking

inadequate temperature, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, overcrowding, poor quality of food, lack of or insufficient quantity of food, passive smoking

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

1,000

59343/18

26/11/2018

Rostislav Pavlovich KRUPETSKIKH

1968

Irina Vladimirovna Miller

Kansk

train

11/06/2018 to

19/06/2018

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

1,000

1339/19

29/11/2018

Andrey Sergeyevich SUSLOV

1991

train, transit cell

06/07/2018 to

12/11/2018

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

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

1,000

1832/19

25/12/2018

Vasiliy Fedorovich KARPOV

1955

van

26/11/2018 to

24/12/2018

0.3 m²

lack of fresh air, single occupancy cell, transportation in "stakan", lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet

1,000

2965/19

17/06/2019

Dmitriy Aleksandrovich KARAVAYCHIK

1983

van, transit cell

13/04/2018 to

03/06/2019

< 1 m²

overcrowding, lack or insufficient quantity 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 during transport

1,000

7889/19

09/01/2019

Azamat Zaurbiyevich TKHABISIMOV

1978

train, van

14/01/2019 to

04/02/2019

0.3 m²

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

1,000

12294/19

28/03/2019

Viktor Nikolayevich BILOKONYUK

1983

Roman Nikolayevich Petrov

Cheboksary

train, transit cell, van

18/12/2018 to

24/01/2019

0.2 m²

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

1,000

15240/19

23/02/2019

Denis Alekseyevich IVLEV

1989

Transport from IK-25 Chelyabinsk Region to IK-11 Nizhniy Novgorod Region, transit cell, train, van

19/12/2018 to

28/12/2018

< 0.5 m²

lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet

1,000

20423/19

04/04/2019

Sergey Alekseyevich GRIGORYEV

1971

train (Arkhangelsk region)

23/03/2019 to

24/03/2019

no or restricted access to 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

23325/19

25/03/2019

Aleksandr Borisovich TITOV

1986

train / transit cell / van (IK-16 - IK-29 Arkhangelsk Region)

24/02/2019 to

25/02/2019

0.2-

0.5 m²

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 insufficient physical exercise in fresh air, lack of privacy for toilet, lack or insufficient quantity of food, no or restricted access to toilet, overcrowding, passive smoking

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

1,000

24085/19

12/04/2019

Ivan Aleksandrovich IVASHEV

1986

transfer from SIZO-4 St Petersburg to SIZO-2 Vologda Region, train

23/11/2018 to

24/11/2018

transfer from SIZO-2 Vologda Region to SIZO-2 Komi Republic, train

05/12/2018 to

06/12/2018

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

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

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

1,000

24909/19

22/04/2019

Sergey Aleksandrovich LISTRATOV

1986

transit cell, van

17/12/2018 to

21/12/2018

0.3 m²

overcrowding, inadequate temperature, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of privacy for toilet, passive smoking

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

1,000

27800/19

14/05/2019

Rostislav Vasilyevich VASILYEV

1987

train, transit cell, van

22/11/2018 to

26/12/2018

overcrowding, no or restricted access to potable water, no or restricted access to toilet

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

1,000

30087/19

25/05/2019

Nikolay Nikolayevich UVAROV

1985

train, van

17/02/2019 to

26/02/2019

0.5 m²

no or restricted access to toilet

1,000

30786/19

15/05/2019

Oleg Aleksandrovich RITMAN

1988

Yelena Vladislavovna Chernyak

St Petersburg

van, transit cell

10/01/2019 to

23/05/2019

1,000

33300/19

10/06/2019

Vitaliy Nikolayevich ALFEROV

1976

van, train

18/12/2018 to

24/01/2019

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

33301/19

10/06/2019

Leonid Viktorovich USENKO

1989

train, transit cell, van

29/12/2018 to

26/01/2019

overcrowding, mouldy or dirty cell, 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

34242/19

10/06/2019

Aleksandr Nikolayevich KETOV

1986

train, van

17/04/2019 to

18/04/2019

passive smoking, overcrowding, 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

34311/19

12/06/2019

Roman Mikhaylovich SUNSHEV

1969

train, transit cell, van

01/02/2019 to

18/02/2019

0.3 m²

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

34432/19

03/06/2019

Gennadiy Valentinovich ZAICHKA

1977

van, train, transit cell

14/12/2018 to

17/01/2019

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

35890/19

10/06/2019

Yevgeniy Aleksandrovich TSYKUNOV

1978

train (IK-8 Bashkortostan Republic - IK-4 Stavropol Region)

17/12/2018 to

03/01/2019

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

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

1,000

37059/19

25/06/2019

Sergey Anatolyevich ABRAMOV

1981

train, van

08/11/2018 to

26/12/2018

0.3 m²

no or restricted access to potable water, no or restricted access to toilet, passive smoking, 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 during transport

1,000

38283/19

21/06/2019

Azamat Takhirovich TOLGUROV

1991

train, van

20/11/2018 to

21/01/2019

insufficient number of sitting places, lack or inadequate furniture, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water, lack of or inadequate hygienic facilities, no or restricted access to running water, passive smoking, inadequate temperature

1,000

38344/19

08/07/2019

Anton Vladimirovich SHEVCHENKO

1986

train, van, transit cells

09/04/2019 to

08/05/2019

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

39123/19

01/07/2019

Denis Aleksandrovich DENISENKO

1983

train, van, transit cell

28/01/2019 to

18/02/2019

overcrowding, passive smoking, mouldy or dirty cell, lack of privacy for toilet, lack of fresh air

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

1,000

39288/19

12/07/2019

Kirill Andreyevich STAROVOYTOV

1992

train

12/01/2019 to

13/01/2019

0.75 m²

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

42583/19

25/07/2019

Andrey Aleksandrovich KHOROKHORDIN

1981

train

24/12/2018 to

12/02/2019

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

44377/19

13/08/2019

Radik Ayratovich AVZALETDINOV

1987

train, transit cell, van

13/03/2019 to

01/04/2019

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

52740/19

27/09/2019

Pavel Mikhaylovich VARLAMOV

1973

train

21/05/2019 to

22/05/2019

0.25 m²

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

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

1,000

36785/20

25/07/2020

Aleksandr Yuryevich MAKASHIN

1997

Dmitriy Nikolayevich Shkelev

Bor

van, train

28/03/2020 to

29/03/2020

< 0.5 m²

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

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

1,000

42072/20

20/10/2020

Arsen Bagratovich BABAYAN

1990

a single-prisoner cubicle ("stakan")

13/03/2020 to

13/03/2020

0.25 m²

lack of fresh air, the applicant claims having went through an operation which aggravated his conditions of transport, duration of more than 2 hours

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - use of a glass cabin to hold the applicant during criminal trial, 13/03/2020, in the Tsentralnyy District Court of Chelyabinsk (overcrowding, 7 persons)

8,500

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