CEDHCASELAW;DECISIONS;ADMISSIBILITYCOM;ENG27
CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 14 mai 2020
- ECLI
- ECLI:CE:ECHR:2020:0514DEC004912515
- Date
- 14 mai 2020
- Publication
- 14 mai 2020
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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source officielleInadmissible
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The applicants were represented by Mr A. Vinogradov, a lawyer practising in Kostroma. The applicants complained under Article 3 of the Convention about the inadequate conditions of their detention (see the appended table for details). They also argued under Article 13 of the Convention that they did not have an effective remedy to complain about the poor conditions of their detention. In some of the applications, the applicants raised other issues under various provisions of the Convention. THE LAW Joinder of the applications Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision. Complaints under Article 3 of the Convention (inadequate conditions of detention) and under Article 13 of the Convention (lack of an effective remedy for the conditions of detention) In the present applications, the applicants complained of conditions of their detention in violation of the national requirements during periods which had already come to an end (for details see the appended table). They also argued that they did not have an effective domestic remedy to complain about those conditions at the national level. Articles 3 and 13 read: Article 3 Prohibition of torture “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Article 13 Right to an effective remedy . “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” In its recent decision of Shmelev and Others v. Russia ((dec.), no.   41743/17 and 16 others, 17 March 2020), the Court has examined similar applications lodged by Russian applicants and declared them inadmissible for non-exhaustion of domestic remedies. In particular, the Court took into account that on 27   January 2020 the new Compensation Act entered into force in Russia. It noted that the Act provides that any detainee who alleges that his or her conditions of detention are in breach of national legislation or international agreements of the Russian Federation can apply to a court. The novelty of the Act is that the (former) detainee can claim, at the same time, a finding of a violation of inadequate detention conditions and financial compensation for such breach. The Court further held as follows: “122.     The Court reiterates that, where the detention is over, a compensatory remedy can suffice to provide the applicants with fair redress for the alleged breach of Article 3 (see case-law cited above in paragraph 87). Accordingly, it is sufficient to examine whether the applicants concerned can be required to exhaust the compensatory remedy. 123.     As mentioned above, the Court may examine the effectiveness of a newly introduced domestic remedy even if it was not available at the time of lodging of applications, where such remedy is introduced at a later stage in response to the Court’s finding of a systemic problem (see paragraph   106 above and the case-law cited therein). 124.     The Court has concluded that the Compensation Act presents, in principle, an adequate and effective avenue for compensatory redress in cases raising issues of improper conditions of pre-trial detention. It has found that it is directly accessible to the persons concerned, is furnished with the requisite procedural guarantees associated with judicial adversarial proceedings, that there are no reasons to expect that such claims would not be processed within a reasonable time, or that the compensation would not be paid promptly. It also concluded that the system offers reasonable prospects of success to the applicants in terms of the compensation awards. 125.     The Compensation Act is equipped with transitional provisions, so that any person whose complaint about inadequate conditions of detention was pending with this Court at the time of the Act’s entry into force can apply within 180 days after that date (see paragraph 63 above). The same would apply to those whose complaints would be declared inadmissible by this Court in view of the Act coming into force. 126.     The Court accepts that the domestic courts have not yet been able to establish any practice under the Compensation Act. However, the Court has already found that doubts about the prospects of a remedy, which appears to offer a reasonable possibility of redress, are not a sufficient reason to eschew it (see Shtolts and Others , cited above, § 111). 127.     Accordingly, even though the domestic remedy was not available to the applicants at the time when they applied to the Court, the situation justifies a departure from the general rule on exhaustion and requires the applicants in question to seek compensation under the Compensation Act. 128.     The Court accepts that the outcome of the applicants’ claims under the new provisions cannot at present be ascertained. However, as the Court has already noted on similar occasions, it would remain open for the applicants to lodge fresh complaints should their claims to the domestic courts prove unsuccessful, for one reason or another. The Court’s ultimate supervisory jurisdiction remains in respect of any complaints lodged by the applicants who, in conformity with the principle of subsidiarity, have exhausted available avenues of redress (see Domján , §   37; and Shtolts and Others , §§   112-113, both decisions cited above). The Court will remain free to assess the compliance of application of the domestic practice with the pilot judgment and the Convention standards in general, summary of the relevant case-law in paragraph 82 above). 129.     Finally, the Court does not lose sight of a number of positive developments related to the situation with pre-trial detention in Russia that will be analysed below.” Having thus considered that there exists an effective remedy in Russia for cases where applicants complain about a breach of Article 3 in respect of past pre-trial detention, and having dismissed the applications by such applicants for non-exhaustion, the Court declared that it will apply that approach to all similar applications (see Shmelev and Others , (dec.)., cited above, § 130). The Court also found that applicants who complained about their detention in overcrowded conditions of post-conviction facilities in violation of the national statutory norm of two square metres per person, and where their detention in such conditions was already over, found themselves in a situation similar to that of persons whose past pre-trial detention had been in breach of the applicable national standards. The Court stressed that for them, as well as for other persons in similar situation, the new Compensatory Act presents, in principle, an adequate and effective avenue of obtaining compensatory redress, and offers reasonable prospects of success (see Shmelev and Others , (dec.)., cited above, § 154). It thus also rejected for non-exhaustion of domestic remedies applications where applicants complained about post-conviction detention in violation of the national statutory standard and decided that actual or potential applicants finding themselves in a similar situation – i.e. where the complaint concerns past correctional detention in conditions in breach of the applicable domestic standards – are also expected to first make use of the compensatory remedy introduced in January 2020 ( Shmelev and Others , (dec.)., cited above, §§ 155-156). Turning to the circumstances of the present cases and 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 of these complaints. It thus considers that in so far as the applicants have lodged prima facie well-founded complaints about breach of their rights by improper conditions of their detention, as described in the appended table, the Compensation Act affords them an opportunity to obtain compensatory redress. Accordingly, the applicants should exhaust this remedy before their complaints can be examined by the Court. It follows that their complaints, as listed in the appended table, under Articles 3 and 13 should be declared inadmissible pursuant to Article 35 §§ 1 and 4 of the Convention. Remaining complaints In some applications the applicants also raised other complaints under various articles of the Convention. The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention. For these reasons, the Court, unanimously, Decides to join the applications; Declares the applications inadmissible. Done in English and notified in writing on 4 June 2020. { Liv Tigerstedt   Alena Poláčková Acting Deputy Registrar   President APPENDIX List of applications raising complaints under Article   3 of the Convention (inadequate conditions of detention) No. Application no. Date of introduction Applicant’s name Date of birth   Facility Start and end date Duration Inmates per brigade Sq. m per inmate Number of toilets per brigade Specific grievances     49125/15 15/09/2015 Galina Mikhaylovna OSHCHEPKOVA 17/02/1949 IK-3 Kostroma Region 01/09/2008 to 26/03/2015 6 year(s) and 6 month(s) and 26 day(s) 150 inmate(s) 1.6 m² Lack of toiletries, no or restricted access to shower, lack of privacy for toilet, conditions of detention similar to an applicant (application no. 21267/16) where the Court has already found a violation in respect of the same detention facility and the same period of detention.     9934/18 02/02/2018 Denis Alekseyevich VOROBYEV 06/08/1978 IK-4 Vologda Region 18/05/2014 to 17/01/2018 3 year(s) and 8 month(s) 120 inmate(s) 1.4 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to warm water, no or restricted access to running water, poor quality of food.     17657/18 23/03/2018 Denis Arturovich YEGOROV 23/01/1983 IK-4 Vologda Region 28/05/2015 to 30/11/2017 2 year(s) and 6 month(s) and 3 day(s) 120 inmate(s) 1.4 m² Overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease.     20499/18 13/04/2018 Andrey Aleksandrovich SHCHUROV 23/06/1982 IK-2 Kostroma Region 06/04/2015 to 05/04/2018 3 year(s) 120 inmate(s) 0.8 m² 5 toilet(s) Overcrowding, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.     27169/18 22/05/2018 Vladislav Albertovich OSETROV 27/10/1971 IK-1 Kostroma Region 18/08/2014 to 16/02/2018 3 year(s) and 5 month(s) and 30 day(s)   100 inmate(s) 0.9 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.     30038/18 14/06/2018 Ivan Vladimirovich ISAKOV 11/02/1985 IK-1 Kostroma region 04/02/2014 to 03/02/2018 4 year(s) 100 inmate(s) 1 m² 5 toilet(s) Poor quality of food, overcrowding, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, infestation of cell with insects/rodents, lack of fresh air.     30426/18 14/06/2018 Andrey Aleksandrovich TRUSOV 28/03/1980 IK-1 Tver Region 10/06/2010 to 06/06/2018 7 year(s) and 11 month(s) and 28 day(s) 108 inmate(s) less than 2 m² 5 toilet(s) Overcrowding, passive smoking, insufficient space and inadequate state of the exercise yard, no or restricted access to running water, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food.     33703/18 06/07/2018 Aleksey Mikhaylovich STUPIN 01/06/1982 IK-4 Kostroma Region 30/06/2015 to 29/06/2018 3 year(s) 1.1 m² Overcrowding, mouldy or dirty cell, high humidity in dormitory, old and cracked buildings, infestation of cell with insects/rodents, scarce space for walking in fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, poor quality of potable water, sharing cells with inmates infected with contagious disease, poor quality of food.     34456/18 09/07/2018 Nikolay Nikolayevich ALEKSANDROV 12/06/1986 IK-4 Kostroma Region 24/11/2016 to 22/06/2018 1 year(s) and 6 month(s) and 30 day(s) 120 inmate(s) 1.1 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, scarce surface for walking in fresh air, lack of or insufficient electric light, lack of fresh air, no or restricted access to shower, poor quality of potable water, sharing cells with inmates infected with contagious disease, poor quality of food, lack or insufficient quantity of food.   35917/18 14/07/2018 Aleksandr Yevgenyevich BELOV 29/10/1981 IK-7 Kostroma Region 07/06/2012 to 06/06/2018 6 year(s) 100 inmate(s) 1.2-1.4 m² 3 toilet(s) Infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to shower, no or restricted access to running water, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient electric light.   36194/18 14/07/2018 Eduard Yevgenyevich KUPCHA 19/12/1998 IK-2 Kostroma Region 21/02/2017 to 19/06/2018 1 year(s) and 3 month(s) and 30 day(s) 0.9 m² Lack of fresh air, high humidity, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.   36195/18 14/07/2018 Aleksandr Vladimirovich KRYLOV 07/08/1985 IK-1 Kostroma Region 20/07/2017 to 19/03/2018 8 month(s) 100 inmate(s) 0.9 m² Lack of fresh air, high humidity, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, poor quality of food.     36711/18 24/07/2018 Maksim Nikolayevich MASHMIN 02/08/1986 IK-1 Kostroma Region 06/12/2012 to 23/03/2018 5 year(s) and 3 month(s) and 18 day(s) 0.6 m² Inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, mouldy or dirty cell, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, poor quality of food, overcrowding in the courtyard.   36717/18 24/07/2018 Andrey Mikhaylovich VYLKU 11/10/1974 IK-1 Kostroma Region 13/07/2017 to 19/06/2018 11 month(s) and 7 day(s) 0.6 m² Mouldy or dirty cell, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, overcrowding in the courtyard, lack of or insufficient electric light, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   36723/18 24/07/2018 Aleksey Vladimirovich ORLOV 25/05/1972 IK-1 Kostroma Region 09/12/2014 to 17/07/2018 3 year(s) and 7 month(s) and 9 day(s) 0.6 m² Mouldy or dirty cell, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, overcrowding in the courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   37034/18 24/07/2018 Sergey Sergeyevich IVANOV 06/03/1985 IK-1 Kostroma Region 06/07/2015 to 04/07/2018 2 year(s) and 11 month(s) and 29 day(s) 0.6 m² Overcrowding, lack of fresh air, infestation of cell with insects/rodents, poor quality of food.   37122/18 25/07/2018 Aleksandr Aleksandrovich STOLBOV 10/09/1984 IK-4 Kostroma Region 22/06/2017 to 21/07/2018 1 year(s) and 1 month(s) 120 inmate(s) less than 2 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, inadequate state and insufficient space of the exercise yard, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food.   38216/18 01/08/2018 Andrey Olegovich KUZNETSOV 15/04/1986 IK-1 Kostroma Region 11/10/2016 to 10/04/2018 1 year(s) and 6 month(s)   IZ-1 Kostroma 22/05/2018 to 10/10/2018 4 month(s) and 19 day(s)       IK-1 Kostroma Region 25/10/2018 to 19/07/2019 8 month(s) and 25 day(s) 100 inmate(s) 0.6-0.9 m²     150 inmate(s) 0.9 m²       100 inmate(s)   0.6-0.9 m² Mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food;   Lack of cell surface to move freely between furniture items, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, scarce surface of walking ward, lack or insufficient quantity of food, poor quality of food, no or restricted access to shower;   Overcrowding, poor quality of food, no or restricted access to shower, lack of fresh air, lack of or insufficient electric light, lack of or inadequate hygienic facilities.   38221/18 01/08/2018 Aleksey Sergeyevich DUNAYEV 28/03/1982 IK-1 Kostroma Region 29/03/2016 to 24/07/2018 2 year(s) and 3 month(s) and 26 day(s) 100 inmate(s) 0.6-0.9 m² Mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or inadequate hygienic facilities.   38223/18 01/08/2018 Mikhail Aleksandrovich SHATROV 16/03/1979 IK-1 Kostroma Region 01/05/2016 to 31/07/2018 2 year(s) and 3 month(s) 100 inmate(s) 0.6-0.9 m² Lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient electric light.   38256/18 24/07/2018 Oksana Nikolayevna BOBROVA 21/12/1978 IK-3 Kostroma Region 29/01/2010 to 30/01/2018 8 year(s) and 2 day(s) 1.9 m² Infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, no or restricted access to shower.   38473/18 03/08/2018 Andrey Anatolyevich DOBROV 15/04/1987 IK-1 Kostroma Region 15/09/2016 to 14/06/2018 1 year(s) and 9 month(s) 0.6 m² Mouldy or dirty cell, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, overcrowding in the courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   39149/18 03/08/2018 Ruslan Radzhiyevich LAGUNOV 20/08/1980 IK-1 Kostroma Region 31/03/2017 to 10/07/2018 1 year(s) and 3 month(s) and 11 day(s)   IK-1 Kostroma Region 12/02/2019 to 31/05/2019 3 month(s) and 20 day(s) 0.6 m²         0.7 m² Overcrowding, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food;     Overcrowding, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.   40430/18 09/08/2018 Mikhail Nikolayevich KOMAROV 23/03/1971 IK-7 Kostroma Region 10/01/2017 to 08/05/2018 1 year(s) and 3 month(s) and 29 day(s) 1.3 m² Overcrowding, no or restricted access to toilet, lack of privacy for toilet, infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, sharing cells with inmates infected with contagious diseases.   40563/18 04/08/2018 Aleksandr Igorevich MAMKICHEV 10/10/1968 IK-1 Kostroma Region 05/08/2015 to 03/08/2018 2 year(s) and 11 month(s) and 30 day(s) 100 inmate(s) 0.8 m² Mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, sharing cells with inmates infected with contagious disease.   40766/18 13/08/2018 Valentina Mikhaylovna BLAMBIRUS 24/05/1962 IK-3 Kostroma Region 23/05/2002 to 22/05/2018 16 year(s) 100 inmate(s) 2 m² Overcrowding, poor quality of food, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of toiletries.   42011/18 13/08/2018 Valeriy Yevgenyevich KULAGIN 17/02/1994 IK-4 Kostroma Region 17/08/2013 to 16/02/2018 4 year(s) and 6 month(s) 1 m² Mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food.   42497/18 29/08/2018 Gennadiy Sergeyevich CHERNYSHOV 14/04/1980 IK-1 Kostroma Region 16/08/2012 to 15/08/2018 6 year(s) 100 inmate(s) 0.6-0.9 m² 5 toilet(s) Overcrowding, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, insufficient number of toilets and wash basins, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient space of the exercise yard, lack of or insufficient electric light, poor quality of food, no or restricted access to running water.   42529/18 27/08/2018 Khavazh Vagidovich TEPSAYEV 08/03/1972 Ik-1 Kostroma Region 15/09/2009 to 14/06/2018 8 year(s) and 9 month(s) 1.2 m² Overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, poor quality of food.   42567/18 28/08/2018 Mikhail Alekseyevich FEDOROV 10/04/1993 IK-7 Kostroma Region 12/12/2014 to 10/08/2018 3 year(s) and 7 month(s) and 30 day(s) 1 m² Constant electric light, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack or insufficient quantity of food, mouldy or dirty cell, overcrowding, no or restricted access to shower, no or restricted access to toilet, poor quality of food.   42967/18 29/08/2018 Roman Nikolayevich DEMENTYEV 14/01/1988 IK-1 Kostroma Region 20/04/2017 to 17/08/2018 1 year(s) and 3 month(s) and 29 day(s) 100 inmate(s) 0.8 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease, overcrowding.   43108/18 29/08/2018 Dmitriy Vladimirovich SOLOVYEV 25/05/1980 IK-1 Kostroma Region 16/10/2015 to 21/08/2018 2 year(s) and 10 month(s) and 6 day(s) 100 inmate(s) 0.7 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   43225/18 27/08/2018 Aleksey Avenirovich TIMOSHIN 14/08/1980 IK-1 Kostroma Region 25/08/2016 to 24/08/2018 2 year(s) 110 inmate(s) 0.9 m² 5 toilet(s) Overcrowding, no or restricted access to toilet, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   43569/18 30/08/2018 Ivan Sergeyevich VYTYAGOV 06/01/1991 IK-2 Kostroma Region 11/03/2013 to 21/08/2018 5 year(s) and 5 month(s) and 11 day(s) 0.9 m² Inadequate temperature, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to running water, no or restricted access to toilet, small courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   44046/18 03/09/2018 Andrey Igorevich KROTOV 14/12/1981 IK-1 Kostroma Region 20/04/2016 to 03/07/2018 2 year(s) and 2 month(s) and 14 day(s) 100 inmate(s) 0.75 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, overcrowding, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   44299/18 03/09/2018 Aleksandr Viktorovich STUPNIK 14/04/1972 IK-1 Kostroma Region 01/09/2014 to 31/08/2018 4 year(s) 100 inmate(s) 0.75 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   44642/18 30/08/2018 Yuriy Igorevich CHAGIN 05/01/1985 IK-1 Kostroma Region 23/10/2017 to 26/05/2018 7 month(s) and 4 day(s) 100 inmate(s) 1.2 m² 5 toilet(s) Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of or insufficient electric light, lack of fresh air, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.   44644/18 03/09/2018 Oleg Maratovich DMITRIYEV 09/10/1957 IK-1 Kostroma Region 03/09/2010 to 31/08/2018 7 year(s) and 11 month(s) and 29 day(s) 100 inmate(s) 1.1 m² Overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of requisite medical assistance, mouldy or dirty cell, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, poor quality of food, sharing cells with inmates infected with contagious disease.   45490/18 07/09/2018 Aleksandr Gennadyevich SOLOVEY 22/05/1975 IK-1 Kostroma Region 01/12/2014 to 28/08/2018 3 year(s) and 8 month(s) and 28 day(s) 0.9 m² Mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, overcrowding of the courtyard, lack of or insufficient electric light, inadequate temperature, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   45623/18 07/09/2018 Andrey Aleksandrovich TIKHONOV 18/06/1996 IK-4 Kostroma Region 07/12/2015 to 06/07/2018 2 year(s) and 7 month(s) 120 inmate(s) less than 2 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space and inadequate state of the exercise yard, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food, lack or insufficient quantity of food.   45625/18 06/09/2018 Mikhail Nikolayevich GAVRILOV 17/01/1985 IK-4 Kostroma Region 15/10/2014 to 27/08/2018 3 year(s) and 10 month(s) and 13 day(s) 120 inmate(s) less than 2 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, insufficient space and inadequate state of the exercise yard, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food, lack or insufficient quantity of food.   46293/18 07/09/2018 Aleksandr Sergeyevich SOKOLOV 23/03/1984 IK-1 Kostroma Region 24/02/2018 to 29/08/2018 6 month(s) and 6 day(s) 100 inmate(s) 0.75 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient electric light, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.   46345/18 19/09/2018 Oleg Anatolyevich ZHURAVLEV 06/01/1984 IK-1 Kostroma Region 18/03/2015 to 14/09/2018 3 year(s) and 5 month(s) and 28 day(s) 100 inmate(s) 1 m² 5 toilet(s) Lack of fresh air, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, sharing cells with inmates infected with contagious disease.   46379/18 19/09/2018 Andrey Anatolyevich GROMOV 13/12/1980 IK-1 Kostroma Region 16/04/2018 to 14/09/2018 4 month(s) and 30 day(s) 100 inmate(s) 1 m² 5 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient electric light.   46446/18 19/09/2018 Aleksandr Pavlovich POPINOV 17/04/1979 IK-1 Kostroma Region 14/09/2016 to 13/09/2018 2 year(s) 100 inmate(s) 0.75 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, poor quality of food, sharing cells with inmates infected with contagious disease.   46551/18 15/09/2018 Leonid Petrovich VOROSHNIN 03/11/1981 IK-1 Kostroma Region 13/05/2016 to 11/09/2018 2 year(s) and 3 month(s) and 30 day(s) 110 inmate(s) 1 m² 5 toilet(s) Infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of food, lack of or insufficient electric light.   46586/18 24/09/2018 Yevgeniy Yevgenyevich DOBRIN 23/03/1984 IK-1 Tver Region 14/07/2010 to 13/08/2018 8 year(s) and 1 month(s) 0.8 m² No or restricted access to running water, no or restricted access to toilet, passive smoking, overcrowding and stench in the courtyard, infestation of cell with insects/rodents, poor quality of food.   47044/18 05/09/2018 Vladimir Vyacheslavovich SIROTIN 10/01/1989 IK-1 Kostroma Region 12/08/2016 to 10/08/2018 1 year(s) and 11 month(s) and 30 day(s) 1.2 m² Overcrowding, no or restricted access to toilet, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to shower, poor quality of food.   47101/18 10/09/2018 Roman Olegovich IVANOV 23/02/1992 IK-7 Kostroma Region 08/09/2014 to 19/07/2018 3 year(s) and 10 month(s) and 12 day(s) 1 m² Overcrowding, cracking walls, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, scarce surface of the walking ward, lack of or insufficient electric light, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   47163/18 08/09/2018 Nikolay Germanovich RYBAKOV 11/04/1978 LIU-8 Arkhangelsk Region 24/05/2015 to 21/03/2018 2 year(s) and 9 month(s) and 26 day(s) 2 m² Lack of privacy for toilet, poor quality of food, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air.   47405/18 26/09/2018 Yuriy Viktorovich REBROV 21/02/1962 IK-1 Kostroma Region 18/05/2018 to 24/09/2018 4 month(s) and 7 day(s) 0.9 m² Mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, lack of fresh air, overcrowding in the courtyard, lack of or insufficient electric light, inadequate temperature, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.   47617/18 24/08/2018 Denis Vasilyevich CHERVYAKOV 11/08/1989 IK-1 Kostroma Region 06/08/2014 to 27/07/2018 3 year(s) and 11 month(s) and 22 day(s) 100 inmate(s) 0.9 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, sharing cells with inmates infected with contagious disease.   47851/18 24/09/2018 Aleksey Yefimovich VLASOV 24/01/1975 IK-1 Kostroma Region 07/01/2013 to 06/09/2018 5 year(s) and 8 month(s) 0.6-0.9 m² Mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.   47926/18 24/09/2018 Ivan Nikolayevich MITROKHIN 03/12/1982 IK-1 Kostroma Region 21/04/2017 to 10/07/2018 1 year(s) and 2 month(s) and 20 day(s) 100 inmate(s) 0.9 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, sharing cells with inmates infected with contagious disease.   48435/18 21/09/2018 Oleg Anatolyevich GORBUNOV 10/12/1979 IK-2 Kostroma Region 12/10/2016 to 07/09/2018 1 year(s) and 10 month(s) and 27 day(s) 0.8 m² Overcrowding, lack of surface to move freely between furniture items, cracked walls, mouldy or dirty cell, high humidity, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, scarce surface of walking wards, lack of or insufficient electric light, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   48623/18 04/10/2018 Dmitriy Vyacheslavovich MAYDLA 03/08/1994 IK-1 Kostroma Region 12/09/2017 to 11/09/2018 1 year(s) 0.9 m² Mouldy or dirty cell, inadequate temperature, lack of fresh air, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, small courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   48945/18 12/09/2018 Pavel Vikentyevich KHORKOV 05/08/1983 IK-17 Vologda Region 19/06/2017 to 16/03/2018 8 month(s) and 26 day(s) 100 inmate(s) 1.6 m² 3 toilet(s) Overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, lack of or insufficient electric light, lack of fresh air, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, lack of privacy for toilet, poor quality of food.   49018/18 04/10/2018 Rustam Stepanovich MOSKALEV 25/11/1981 IK-1 Kostroma Region 10/10/2008 to 14/06/2018 9 year(s) and 8 month(s) and 5 day(s) 0.9 m² Mouldy or dirty cell, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to shower, no or restricted access to running water, no or restricted access to toilet, overcrowding in the courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   49207/18 05/10/2018 Vladimir Aleksandrovich FOKIN 03/08/1988 IK-1 Kostroma Region 24/03/2016 to 22/06/2018 2 year(s) and 2 month(s) and 30 day(s) 100 inmate(s) 1 m² 5 toilet(s) Overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   49666/18 05/10/2018 Sergey Sergeyevich NOVOZHILOV 13/02/1988 IK-1 Kostroma 06/10/2015 to 02/10/2018 2 year(s) and 11 month(s) and 27 day(s) 110 inmate(s) 1 m² 11 toilet(s) Mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food.   49933/18 10/10/2018 Aleksey Pavlovich POLEV 10/03/1970 IK-1 Kostroma Region 08/09/2017 to 17/09/2018 1 year(s) and 10 day(s) 100 inmate(s) 0.75 m² 12 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, sharing cells with inmates infected with contagious disease.   50197/18 04/10/2018 Eduard Vladimirovich SHVAB 22/04/1976 IK-1 Kostroma Region 27/09/2014 to 27/09/2018 4 year(s) and 1 day(s) 100 inmate(s) 0.6-0.9 m² Mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light, poor quality of food.   50204/18 04/10/2018 Mikhail Igorevich KUCHERENKO 25/04/1984 IK-1 Kostroma Region 25/10/2009 to 25/09/2018 8 year(s) and 11 month(s) and 1 day(s) 100 inmate(s) 0.9 m² Infestation of cell with insects/rodents, mouldy or dirty cell, overcrowding, lack of or inadequate hygienic facilities, poor quality of food, sharing cells with inmates infected with contagious disease.   51289/18 15/10/2018 Aleksey Vladimirovich ABAKUMOV 06/06/1985 IK-4 Kostroma Region 17/02/2017 to 16/08/2018 1 year(s) and 6 month(s) 120 inmate(s) 1.1 m² Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient electric light, no or restricted access to warm water, no or restricted access to running water, poor quality of potable water, sharing cells with inmates infected with contagious disease, poor quality of food, lack or insufficient quantity of food.   51304/18 16/10/2018 Valeriy Yevgenyevich PETROV 26/05/1981 IK-1 Kostroma Region 07/02/2017 to 05/10/2018 1 year(s) and 7 month(s) and 29 day(s) 50 inmate(s) 1.2 m² 2 toilet(s) Overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, no or restricted access to shower, no or restricted access to running water, poor quality of food, lack or insufficient quantity of food, lack of fresh air, lack of requisite medical assistance.   51307/18 16/10/2018 Marina Nikolayevna KOVSHIKOVA 21/02/1989 IK-8 Kostroma Region 05/03/2018 to 18/05/2018 2 month(s) and 14 day(s)     IK-3 Kostroma Region 19/05/2018 to 07/08/2018 2 month(s) and 20 day(s) 100 inmate(s) 1.6 m² 3 toilet(s)     100 inmate(s) 1.6 m² Overcrowding, inadequate temperature, infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, 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;   Overcrowding.   51314/18 11/10/2018 Timur Mikhaylovich LIPATOV 06/05/1990 IK-1 Kostroma Region 12/08/2017 to 11/10/2018 1 year(s) and 2 month(s) 100 inmate(s) 0.9 m² 5 toilet(s) Overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, lack of fresh air, poor quality of food, sharing cells with inmates infected with contagious disease.   51318/18 18/10/2018 Oleg Yevgenyevich SEVRYUGIN 08/01/1990 IK-1 Kostroma Region 11/08/2016 to 01/09/2018 2 year(s) and 22 day(s) 110 inmate(s) 0.9 m² 5 toilet(s) Overcrowding, narrow passages in the cell, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, no or restricted access to warm water, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   51319/18 19/10/2018 Anatoliy Vyacheslavovich PUCHKOV 27/11/1985 IK-1 Kostroma Region 25/02/2017 to 24/08/2018 1 year(s) and 6 month(s) 110 inmate(s) 0.9 m² 5 toilet(s) Overcrowding, narrow passages in the cell, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.     51580/18 16/10/2018 Maksim Alekseyevich SOKOLOV 08/10/1980 IK-1 Kostroma Region 02/10/2017 to 01/10/2018 1 year(s) 0.6 m² Dilapidated building, mouldy or dirty cell, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, small courtyard, lack of or insufficient electric light, poor quality of food, sharing cells with inmates infected with contagious disease.   52035/18 23/10/2018 Mikhail Viktorovich SMETANIN 06/03/1991 IK-1 Kostroma Region 11/07/2016 to 04/09/2018 2 year(s) and 1 month(s) and 25 day(s) 1.2 m² Mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, inadequate temperature, no or restricted access to running water, no or restricted access to toilet, no or restricted access to shower, small courtyard, lack of or insufficient electric light, sharing cells with inmates infected with contagious disease, poor quality of food.   52167/18 25/10/2018 Aleksandr Vladimirovich DANILENKO 20/05/1983 IK-8 Yaroslavl Region 12/09/2017 to 27/04/2018 7 month(s) and 16 day(s) 110 inmate(s) 1.1 m² 4 toilet(s) Overcrowding, cracked walls, dormitory surface insufficient to move freely between furniture items, mouldy or dirty cell, high humidity in dormitory, infestation of cell with insects/rodents, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to running water, no or restricted access to shower, scarce surface of walking wards, lack of or insufficient electric light, poor quality of food, lack or insufficient quantity of food, sharing cells with inmates infected with contagious disease.   52427/18 25/10/2018 Vladimir Nikolayevich OPEKUNOV 20/09/1982 IK-1 Kostroma Region 30/09/2008 to 28/09/2018 9 year(s) and 11 month(s) and 30 day(s) 1.3 m² Overcrowding, lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, poor quality of food.   52592/18 24/10/2018 Dmitriy Andreyevich DOKSHIN 14/07/1983 IK-1 Kostroma Region 11/01/2017 to 23/10/2018 1 year(s) and 9 month(s) and 13 day(s) 100 inmate(s) 1 m² 5 toilet(s) Lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light.   52598/18 24/10/2018 Denis Arturovich YEGOROV 23/01/1983 IK-1 Kostroma Region 18/03/2015 to 23/10/2018 3 year(s) and 7 month(s) and 6 day(s) 100 inmate(s) 0.6-0.9 m² Mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient electric light, poor quality of food.   53885/18 01/11/2018 Roman Vladimirovich REDKO 27/09/1986 IK-1 Kostroma Region 29/09/2014 to 28/09/2018 4 year(s) 100 inmate(s) 0.75 m² 12 toilet(s) Infestation of cell wiCitations
Aucune citation répertoriée pour cette décision.
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG
- Formation
- 27
- Date
- 14 mai 2020
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2020:0514DEC004912515
Données disponibles
- Texte intégral