KOVALEVSKIY AND OTHERS v. RUSSIA - 47083/19 (Article 3 - Prohibition of torture : Fifth Section Committee) [2024] ECHR 283 (04 April 2024)


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> KOVALEVSKIY AND OTHERS v. RUSSIA - 47083/19 (Article 3 - Prohibition of torture : Fifth Section Committee) [2024] ECHR 283 (04 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/283.html
Cite as: [2024] ECHR 283

[New search] [Contents list] [Help]


 

 

FIFTH SECTION

CASE OF KOVALEVSKIY AND OTHERS v. RUSSIA

(Applications nos. 47083/19 and 55 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

4 April 2024

 

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


In the case of Kovalevskiy and Others v. Russia,

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

 María Elósegui, President,
 Mattias Guyomar,
 Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 14 March 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


3.  The list of applicants and the relevant details of the applications are set out in the appended table.


4.  The applicants complained of the inadequate conditions of 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, §§ 96-101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-59, 10 January 2012).


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 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, 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).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


13.  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, no. 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 these applications 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 4 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina María Elósegui
 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.    

47083/19

19/11/2019

Maksim Yevgenyevich KOVALEVSKIY

1984

 

 

IK-1 Komi Republic (detention in disciplinary cell)

19/08/2019 to

17/11/2019

2 month(s) and 30 day(s)

 

IK-1 Komi Republic (detention in a disciplinary cell)

21/01/2020 to

29/02/2020

1 month(s) and 9 day(s)

 

IK-31 Komi Republic (detention in a disciplinary cell)

01/03/2020 to

01/02/2021

11 month(s) and 1 day(s)

3 m²

 

 

 

 

 

 

3 m²

 

 

 

 

 

 

2.25 m²

no or restricted access to warm water, no or restricted access to toilet

 

 

 

 

lack of fresh air, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water

 

 

see above

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

6,100

  1.    

47571/19

01/10/2019

Saidmumin Dostiyevich KAMOLOV

1976 

 

 

IK-8 Komi Republic

01/10/2016

Pending as of 16/09/2022

5 year(s) and 11 month(s) and 16 day(s)

<2 m²

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, no or restricted access to shower, poor quality of food

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

12,500

  1.    

47755/19

14/11/2019

Sergey Vladimirovich SERKOV

1959

 

 

IK-11 Nizhniy Novgorod Region

18/08/2017

Pending as of 16/09/2022

5 year(s) and 30 day(s)

120 inmate(s)

1.7 m²

5 toilet(s)

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

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

12,500

  1.    

50252/19

09/12/2019

Shaig Shamshir ogly SAMEDOV

1982

 

 

PFRSI IK-2 Sverdlovsk Region

05/10/2018 to

12/06/2019

8 month(s) and 8 day(s)

2.5 m²

no or restricted access to potable water, overcrowding, constant electric light, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, poor quality of food, no or restricted access to warm water, lack of or poor quality of bedding and bed linen

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

4,000

  1.    

54842/19

02/10/2019

Yuriy Ivanovich KHRISANOV

1988

 

 

IK-11 Nizhniy Novgorod Region

01/11/2018

Pending as of 16/09/2022

3 year(s) and 10 month(s) and 16 day(s)

1.6 m²

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

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

12,500

  1.    

54895/19

12/11/2019

Eduard Igorevich KONONENKO

1991

 

 

IK-24 Krasnoyarsk Region

06/09/2018 to

10/07/2019

10 month(s) and 5 day(s)

2.16 m²

overcrowding, no or restricted access to warm water, no or restricted access to running water, lack of fresh air, inadequate temperature, lack of or restricted access to leisure or educational activities, no or restricted access to shower, lack of privacy for toilet, lack of or inadequate hygienic facilities

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

4,800

  1.    

55657/19

10/12/2019

Vyacheslav Bazarovich KHABARKOV

1977

 

 

IK-2 Zabaykalskiy Region

13/01/2018

Pending as of 16/09/2022

4 year(s) and 8 month(s) and 4 day(s)

2.5 m²

lack of or insufficient electric light, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to shower, no or restricted access to running water, no or restricted access to warm water, inadequate temperature, lack of requisite medical assistance, lack of or inadequate hygienic facilities

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

12,500

  1.    

60974/19

07/11/2019

Ramazan Vali-ogly GAKHRAMANOV

1971

 

 

IK-8 Komi Republic

02/04/2015

Pending as of 16/09/2022

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

130 inmate(s)

<2 m²

4 toilet(s)

lack of or insufficient electric light, no or restricted access to warm water, overcrowding, no or restricted access to shower, poor quality of food

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

12,500

  1.    

61321/19

13/11/2019

Aleksandr Gennadyevich KOROLEV

1978

 

 

IK-16 Murmansk Region

24/11/2013 to

09/12/2019

6 year(s) and 16 day(s)

2 m²

lack of fresh air, mouldy or dirty cell, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet, infestation of cell with insects/rodents, poor quality of food

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

5,300

  1.  

62024/19

11/11/2019

Eduard Valeryevich SCHERBINA

1972

 

 

IK-5 Kirov Region

13/11/2018 to

10/09/2019

9 month(s) and 29 day(s)

2.27 m²

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

 

4,400

  1.  

62405/19

12/11/2019

Roman Vitovich PIKUNAS

1983

 

 

IK-16 Murmansk Region

04/06/2009

Pending as of 16/09/2022

13 year(s) and 3 month(s) and 13 day(s)

<2 m²

lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of potable water, sharing cells with inmates infected with contagious disease, poor quality of food, moldy or dirty cell

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

12,500

  1.  

62689/19

18/11/2019

Mikhail Vladimirovich DOLGOPOLOV

1989

 

 

IK-1 Komi Republic

03/09/2015

Pending as of 16/09/2022

7 year(s) and 14 day(s)

120 inmate(s)

1.6 m²

6 toilet(s)

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

 

12,500

  1.  

62694/19

18/11/2019

Dmitriy Vasilyevich LEKANOV

1976

 

 

IK-23 Murmansk Region

17/11/2015 to

05/08/2019

3 year(s) and 8 month(s) and 20 day(s)

2 m²

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

5,000

  1.  

62766/19

04/11/2019

Yuriy Pavlovich YARTSEV

1986

 

 

IK-8 Bashkortostan Republic

28/06/2016

Pending as of 6/09/2022

6 year(s) and 2 month(s) and 20 day(s)

132 inmate(s)

1.7-1.9 m²

11 toilet(s)

overcrowding, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell, no or restricted access to shower, insufficient number of toilets and wash basins

 

12,500

  1.  

63110/19

18/11/2019

Andrey Mikhaylovich TERENTYEV

1983

 

 

IK-2 Zabaykalskiy Region

24/03/2014

Pending as of 16/09/2022

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

2.5 m²

overcrowding, lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to warm water, bunk beds, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities

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

12,500

  1.  

63293/19

14/11/2019

Valeriy Mikhaylovich RODKIN

1965

 

 

IK-11 Nizhniy Novgorod Region

17/07/2017

Pending as of 16/09/2022

5 year(s) and 2 month(s)

˂2 m²

overcrowding, bunk beds, lack or inadequate furniture, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, lack of or inadequate hygienic facilities, 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.  

63510/19

23/11/2019

Andrey Aleksandrovich SMOLNIKOV

1983

Vinogradov Aleksandr Vladimirovich

Kostroma

IK-29 Arkhangelsk Region

19/04/2017

Pending as of 16/09/2022

5 year(s) and 4 month(s) and 29 day(s)

130 inmate(s)

<2 m²

6 toilet(s)

overcrowding, moldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, 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

12,500

  1.  

63617/19

28/11/2019

Olga Sergeyevna GRIBOYEDOVA

1992

Vinogradov Aleksandr Vladimirovich

Kostroma

IK-8 Kostroma Region

29/12/2016 to

30/05/2018

1 year(s) and 5 month(s) and 2 day(s)

 

 

 

IK-3 Kostroma Region

30/05/2018 to

Pending as of 16/09/2022

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

2 m²

 

 

 

 

 

 

 

2 m²

lack of fresh air, infestation of cell with insects/rodents, overcrowding, poor quality of food, moldy or dirty cell, no or restricted access to warm water, no or restricted access to shower

 

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

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

12,500

  1.  

63867/19

18/11/2019

Vladimir Vladimirovich VOLKOV

1988

Gasenko Vadim Aleksandrovich

St Petersburg

IK-6 Chuvashia Republic (punitive confinement)

30/05/2019 to

Pending as of 16/09/2022

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

2 m²

overcrowding, no or restricted access to warm water, no or restricted access to potable water, inadequate temperature, lack of or insufficient natural light, lack of privacy for toilet, passive smoking, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food

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

12,100

  1.  

64109/19

29/11/2019

Fedor Georgiyevich UTIN

1968

 

 

IK-1 Komi Republic

07/07/2019 to

Pending as of 16/09/2022

3 year(s) and 2 month(s) and 10 day(s)

2 m²

lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, overcrowding

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

11,900

  1.  

64197/19

28/11/2019

Sergey Vladimirovich TSVETKOV

 

Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

19/04/2018 to

23/08/2019

1 year(s) and 4 month(s) and 5 day(s)

2 m²

overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to running water, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack or insufficient quantity of food, poor quality of food, sharing cells with inmates infected with contagious disease

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

5,000

  1.  

64400/19

24/11/2019

Aleksey Vasilyevich MITITELU

1985

Vinogradov Aleksandr Vladimirovich

Kostroma

IK-1 Kostroma Region

01/12/2017 to

08/10/2019

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

2 m²

overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to running water, lack of or inadequate hygienic facilities, sharing cells with inmates infected with contagious disease

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

5,000

  1.  

64453/19

25/11/2019

Denis Yuryevich GRIGORYEV

1982

 

 

IK-17 Vologda Region;

IK-12 Vologda Region;

IK-3 Ryazan Region

01/04/2003 to

Pending as of 16/09/2022

19 year(s) and 5 month(s) and 16 day(s)

100 inmate(s)

<2 m²

8 toilet(s)

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

64496/19

04/12/2019

Nikita Sergeyevich KAZAKOV

1993

Saratovskaya Nataliya Petrovna

Cheboksary

IK-6 Chuvashia Republic

17/10/2015 to

Pending as of 16/09/2022

6 year(s) and 11 month(s)

1.6 m²

overcrowding, passive smoking, bunk beds, lack of privacy for toilet, poor quality of food

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

12,500

  1.  

65192/19

05/12/2019

Yevgeniy Valeryevich YASTREBOV

1989

 

 

IK-29 Kirov Region

25/12/2013 to

Pending as of 16/09/2022

8 year(s) and 8 month(s) and 23 day(s)

210 inmate(s)

1.5-2.3 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, no or restricted access to warm water, no or restricted access to potable water, poor quality of food, lack or insufficient quantity of food, lack of privacy for toilet

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

12,500

  1.  

65286/19

06/12/2019

Mikhail Pavlovich PUKHOV

1958

Born Aleksandr Viktorovich

Kineshma

IK-2 Ivanovo Region

29/09/2017 to

06/06/2019

1 year(s) and 8 month(s) and 9 day(s)

2 m²

no or restricted access to toilet, no or restricted access to running water, no or restricted access to potable water, no or restricted access to warm water, infestation of cell with insects/rodents

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

5,000

  1.  

530/20

06/12/2019

Maksim Anatolyevich LYSINKIN

1987

 

 

IK-11 Nizhniy Novgorod Region

17/07/2017 to

Pending as of 16/09/2022

5 year(s) and 2 month(s)

1.8 m²

lack of or insufficient electric light, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of fresh air, lack of requisite medical assistance, sharing cells with inmates infected with contagious disease, poor quality of food, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet

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

12,500

  1.  

704/20

09/12/2019

Valeriy Ilyich ARKHIPOV

1963

 

 

IK-11 Nizhniy Novgorod Region

29/10/2018 to

Pending as of 16/09/2022

3 year(s) and 10 month(s) and 19 day(s)

˂2 m²

overcrowding, bunk beds, lack or inadequate furniture, lack of fresh air, no or restricted access to toilet, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of requisite medical assistance, poor quality of food

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

12,500

  1.  

1071/20

25/11/2019

Oymakhmad Safolovich AZIMOV

1972

 

 

IK-11 Nizhniy Novgorod Region

01/05/2017 to

Pending as of 16/09/2022

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

1.5 m²

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

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

12,500

  1.  

1354/20

03/12/2019

Maksim Andreyevich FIYESHKO

1974

Saratovskaya Nataliya Petrovna

Cheboksary

IK-6 Chuvashia Republic

26/01/2012 to

Pending as of 16/09/2022

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

2 m²

lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, no or restricted access to warm water, overcrowding, no or restricted access to shower, lack of privacy for toilet, poor quality of food

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

12,500

  1.  

1590/20

19/12/2019

Kirill Andreyevich BAULIN

1994

Golets Yevgeniya Sergeyevna

Moscow

IK-3 Smolensk Region

19/10/2017 to

07/10/2019

1 year(s) and 11 month(s) and 19 day(s)

2.1 m²

inadequate temperature, lack of fresh air, bunk beds, lack of or insufficient electric light, cracked windows, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of privacy for toilet

 

5,000

  1.  

1684/20

16/12/2019

Yevgeniy Ivanovich SURIKOV

1969

Ibragimov Rushan Zubairovich

Astrakhan

IK-2 Astrakhan Region

21/03/2014 to

Pending as of 16/09/2022

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

2 m²

no or restricted access to toilet, no or restricted access to running water, lack of appropriate clothes, small courtyard for walking, poor quality of food, poor quality of potable water, no or restricted access to potable water, no or restricted access to shower, lack or inadequate furniture

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

10,000

  1.  

2183/20

19/12/2019

Mikhail Romanovich GERULA

1994

Alekseyeva Natalya Vasilyevna

Krasnoyarsk

IK-3 Smolensk Region

19/12/2018 to

07/10/2019

9 month(s) and 19 day(s)

76 inmate(s)

2.1 m²

4 toilet(s)

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

 

4,400

  1.  

2379/20

18/12/2019

Vladimir Vasilyevich PAVLITSKIY

1982

 

 

IK-25 Komi Republic

27/08/2012 to

Pending as of 16/09/2022

10 year(s) and 21 day(s)

60 inmate(s)

<2 m²

overcrowding, lack of or insufficient electric light, inadequate temperature

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

12,500

  1.  

2457/20

27/12/2019

Renat Borisovich KHUSAINOV

1977

 

 

IK-25 Chelyabinsk Region

11/10/2017 to

Pending as of 16/09/2022

4 year(s) and 11 month(s) and 6 day(s)

˂2 m²

overcrowding, bunk beds, lack of fresh air, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient electric light, passive smoking, poor quality of potable water, lack or insufficient quantity of food

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

12,500

  1.  

2516/20

20/12/2019

Safarali Sheraliyevich NAZAROV

1989

 

 

IK-9 Orenburg Region

05/08/2017 to

Pending as of 16/09/2022

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

0.9 m²

overcrowding, inadequate temperature, lack of fresh air, passive smoking, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, no or restricted access to potable water, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, shower once a week, lack of or restricted access to leisure or educational activities, 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.  

2563/20

10/12/2019

Igor Aleksandrovich PANYUKOV

1977

 

 

IK-1 Komi Republic

24/01/2019 to

16/06/2020

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

250 inmate(s)

2 m²

4 toilet(s)

lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, 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

6,400

  1.  

2594/20

09/12/2019

Valeriy Borisovich USTINOV

1970

 

 

IK-1 Komi Region

01/09/2017 to

07/06/2021

3 year(s) and 9 month(s) and 7 day(s)

2 m²

overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, inadequate temperature, lack of or insufficient electric light, infestation of cell with insects/rodents, poor quality of food, sharing cells with inmates infected with contagious disease

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

9,500

  1.  

2619/20

25/12/2019

Andrey Sergeyevich VIKHROV

1993

 

 

IK-24 Irkutsk Region

21/08/2018 to

12/07/2019

10 month(s) and 22 day(s)

160 inmate(s)

2.2 m²

20 toilet(s)

lack of fresh air, lack of or insufficient electric light, inadequate temperature, infestation of cell with insects/rodents, overcrowding, mouldy or dirty cell, lack of privacy for toilet

 

4,800

  1.  

2890/20

20/12/2019

(3 applicants)

Askhab Aslanovich IBRAGIMOV

1993

 

 

 

Shamil Zilbukharovich SULEYMANOV

1996

 

Matvey Aleksandrovich IVANOV

1994

 

 

IK-4 Novgorod Region (for all three applicants)

 

05/05/2016 to

24/10/2019

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

(first applicant)

 

From 05/05/2016 to

11/10/2019

3 years, 5 months, 7

days

(second applicant)

 

18/01/2018 to

24/10/2019

1 year, 9 months, 5 days (third applicant)

150 inmate(s)

1.7-2.3 m²

6 toilet(s)

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

 

5,000,

to each of the applicants

  1.  

2969/20

12/12/2019

Filipp Nikolayevich KORZHUK

1993

 

 

IK-1 Komi Republic

25/04/2016 to

Pending as of 16/09/2022

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

1.3 m²

infestation of cell with insects/rodents, lack of or insufficient electric light, no or restricted access to running water, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of or restricted access to leisure or educational activities, poor quality of food, no or restricted access to shower, sharing cells with inmates infected with contagious disease, lack or insufficient quantity of food, insufficient number of sleeping places

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

12,500

  1.  

3105/20

19/12/2019

Aleksandr Mikhaylovich SAVOSTYANOV

1990

 

 

IK-5 Ryazan Region

26/09/2014 to

Pending as of 16/09/2022

7 year(s) and 11 month(s) and 22 day(s)

2.2 m²

overcrowding, lack of or insufficient electric light, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, moldy or dirty cell, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of toiletries, poor quality of food

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

12,500

  1.  

3115/20

19/12/2019

Dmitriy Vasilyevich LUSTOV

1991

Golets Yevgeniya Sergeyevna

Moscow

IK-3 Smolensk Region

07/04/2018 to

07/10/2019

1 year(s) and 6 month(s) and 1 day(s)

2 m²

overcrowding, inadequate temperature, lack of fresh air, bunk beds, lack of or insufficient electric light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to toilet

 

5,000

  1.  

3334/20

15/11/2019

Aleksandr Aleksandrovich NIKIFOROV

1984

 

 

IK-1 Komi Republic

23/08/2014 to

Pending as of 16/09/2022

8 year(s) and 25 day(s)

1.4 m²

infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of privacy for toilet, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, poor quality of food, lack of or poor quality of bedding and bed linen, lack of requisite medical assistance

Art. 3 - inadequate conditions of detention during transport - The applicant was transported on 13/12/2019 in a van (<0.6 sq. m. of personal space) and by train (<0.5 sq. m. of personal space). The trip took 12 hours. He complained of overcrowding, inadequate temperature, lack of fresh air, lack or inadequate furniture, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light; 10 inmates per compartment having 6 bunk beds;

 

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

13,500

  1.  

3710/20

27/12/2019

Denis Aleksandrovich FEDOROV

1977

Saratovskaya Nataliya Petrovna

Cheboksary

IK-6 Chuvashia Republic

06/07/2018 to

Pending as of 16/09/2022

4 year(s) and 2 month(s) and 11 day(s)

2 m²

lack of fresh air, moldy or dirty cell, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack or inadequate furniture, overcrowding, passive smoking, infestation of cell with insects/rodents, bunk beds, lack of privacy for toilet, poor quality of food

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

12,500

  1.  

3714/20

27/12/2019

Yevgeniy Yuryevich MAKAROV

1980

Saratovskaya Nataliya Petrovna

Cheboksary

IK-6 Chuvashia Republic

17/08/2016 to

Pending as of 16/09/2022

6 year(s) and 1 month(s)

< 2 m²

bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, 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 of toiletries, mouldy or dirty cell, overcrowding, poor quality of food, lack of fresh air, shower once a week

 

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

8,900

  1.  

3903/20

06/01/2020

Georgiy Sergeyevich FEDIN

1984

Polonskiy Aleksandr Viktorovich

Volgograd

IK-25 Volgograd Region

08/03/2013 to

01/10/2016

3 year(s) and 6 month(s) and 24 day(s)

 

 

 

LIU-15 Volgograd

01/10/2016 to

31/10/2016

1 month(s)

 

 

 

 

IK-25 Volgograd Region

31/10/2016 to

Pending as of 16/09/2022

5 year(s) and 10 month(s) and 17 day(s)

1.0-1.2 m²

 

 

 

 

 

 

 

1.0-1.2 m²

 

 

 

 

 

 

 

1.0-1.2 m²

inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, moldy or dirty cell, passive smoking, overcrowding, no or restricted access to warm water

 

inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, moldy or dirty cell, passive smoking, overcrowding, no or restricted access to warm water

 

inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, moldy or dirty cell, passive smoking, overcrowding, 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.  

3948/20

09/12/2019

Aleksandr Aleksandrovich KLYUCHKO

1988

 

 

IK-25 Komi Republic

15/01/2016 to

Pending as of 16/09/2022

6 year(s) and 8 month(s) and 2 day(s)

100 inmate(s)

 

6 toilet(s)

moldy or dirty cell, lack of fresh air, passive smoking, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food, lack of or inadequate hygienic facilities, overcrowding, passive smoking, lack of fresh air, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light

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 by van and train (roundtrip to a hospital) between 03/06/2019 and 19/06/2019; lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of seat belts, 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, passive smoking, inadequate temperature

13,500

  1.  

3965/20

24/12/2019

Anatoliy Aleksandrovich KUZNETSOV

1982

Zaynullin Vladimir Faukatovich

Tyubuk

IK-25 Chelyabinsk Region

13/06/2017 to

Pending as of 16/09/2022

5 year(s) and 3 month(s) and 4 day(s)

1.3 m²

lack of or restricted access to leisure or educational activities, no or restricted access to warm water, no or restricted access to running water, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient electric light, poor quality of food, lack of requisite medical assistance

 

 

 

 

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

8,800

  1.  

4089/20

08/01/2020

Pavel Valeryevich TIKHONOV

1979

 

 

IK-49 Komi Republic

04/06/2016 to

25/10/2021

5 year(s) and 4 month(s) and 22 day(s)

2.2 m²

infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, moldy or dirty cell, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water, poor quality of food, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water

 

10,500

  1.  

4266/20

20/12/2019

Aleksey Vladimirovich ARKHIPOVSKIY

1985

 

 

IK-5 Kirov Region

13/11/2018 to

28/08/2019

9 month(s) and 16 day(s)

101 inmate(s)

2 m²

4 toilet(s)

overcrowding, lack of or inadequate hygienic facilities, poor quality of food

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

4,400

  1.  

4849/20

15/12/2019

Petr Vladimirovich AFONIN

1982

 

 

IK-25 Komi Republic

01/11/2016 to

30/12/2020

4 year(s) and 1 month(s) and 30 day(s)

2 m²

lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, moldy or dirty cell, sharing cells with inmates infected with contagious disease, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, inadequate temperature, poor quality of food, infestation of cell with insects/rodents

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

8,300

  1.  

5145/20

12/12/2019

Oleg Olegovich SITNOV

1984

 

 

IK-6 Chuvashia Republic

27/09/2018 to

Pending as of 16/09/2022

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

100 inmate(s)

1.2-2 m²

2 toilet(s)

lack of fresh air, inadequate temperature, no or restricted access to warm water, no or restricted access to potable water, poor quality of food, constant electric light

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

6,000

  1.  

5851/20

31/12/2019

Artem Yuryevich MARKOV

1987

Petrov Roman Nikolayevich

Cheboksary

IK-15 Nizhniy Novgorod Region

10/04/2018 to

Pending as of 16/09/2022

4 year(s) and 5 month(s) and 7 day(s)

1.5 m²

lack or inadequate furniture, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, moldy or dirty cell, lack of or restricted access to leisure or educational activities, inadequate temperature, lack of or insufficient electric light, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, poor quality of food, lack of requisite medical assistance, lack of or poor quality of bedding and bed linen

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

12,500

  1.  

6236/20

03/01/2020

Vladimir Ivanovich TRAHKNOV

1959

Golets Yevgeniya Sergeyevna

Moscow

IK-3 Smolensk Region

07/04/2018 to

07/10/2019

1 year(s) and 6 month(s) and 1 day(s)

2 m²

inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient electric light, moldy or dirty cell, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water

 

5,000

  1.  

6684/20

15/01/2020

Sergey Sergeyevich MIKKOYEV

1986

Tishinskaya Yekaterina Yevgenyevna

St Petersburg

IK-8 Komi Republic

02/11/2017 to

24/07/2019

1 year(s) and 8 month(s) and 23 day(s)

2.3-3.25 m²

lack of fresh air, overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, no or restricted access to shower

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

5,000

 

 


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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2024/283.html