CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 26 octobre 2023
- ECLI
- ECLI:CE:ECHR:2023:1026JUD005167815
- Date
- 26 octobre 2023
- Publication
- 26 octobre 2023
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source officielleViolation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Violation of Article 3 of Protocol No. 1 - Right to free elections-{general}
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RUSSIA (Applications nos. 51678/15 and 51 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 Peterman 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 various dates indicated in the appended table. 2.     The Russian Government (“the   Government”) were given notice of the applications. THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.     The applicants complained of the inadequate conditions of detention during their transport. Some applicants also raised other complaints under the provisions of the Convention. THE LAW 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, which reads as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 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, 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.     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 Idalov v. Russia [GC], no. 5826/03, §§   154 ‑ 58,   22   May 2012, concerning excessive length of judicial review of pre-trial detention; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts), as regards placement in a metal cage during court hearings, Tomov and Others , cited above, §§ 92-156, concerning the lack of an effective remedy to complain about poor conditions of detention during transport; Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2   July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Dirdizov v. Russia , no.   41461/10, §§   101-11, 27 November 2012, concerning the excessive length of pre-trial detention; Sergey Babushkin v. Russia , no. 5993/08, 28   November 2013, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10 January 2012, related to conditions of pre-trial and post ‑ conviction detention; Andrey Smirnov v. Russia , no. 43149/10, 13   February 2018, Resin v. Russia , no.   9348/14, 18 December 2018, Chaldayev v. Russia , no. 33172/16, 28 May 2019, Pshibiyev and Berov v.   Russia , no. 63748/13, 9   June 2020, and Mukhametov and Others v. Russia , nos. 53404/18 and 3   others, 14 December 2021, concerning various restrictions on family visits in pre-trial detention facilities; Yevdokimov and Others v. Russia , nos.   27236/05 and 10 others, §§   17-53, 16   February 2016, concerning domestic courts’ refusal to bring detainees to hearings in civil cases; and Anchugov and Gladkov v. Russia , nos. 11157/04 and 15162/05, 4   July 2013, concerning prisoners’ right to vote in the choice of the legislature and the lack of an effective remedy in that respect). 13.     In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some applicants under Article 13 of the Convention about the lack of effective domestic remedies to complain about their placement in a metal cage in courtrooms or about their conditions of detention (compare Valyuzhenich v. Russia , no.   10597/13, § 27, 26   March 2019). APPLICATION OF ARTICLE   41 OF THE CONVENTION 14.     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.” 15.     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 the applicants’ complaints as they relate to facts that took place before 16 September 2022; Declares the applications admissible; Holds that these complaints 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 the Convention and its Protocols as regards the other complaints raised under well-established case-law of the Court (see the appended table); Holds that it is not necessary to examine separately the complaints lodged by some applicants under Article 13 of the Convention in respect of the lack of domestic remedies to complain about their placement in a metal cage in courtrooms or their conditions of detention; 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) 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]     51678/15 04/10/2015 Sergey Vladimirovich PETERMAN 1971 Aleksey Nikolayevich Laptev Moscow van, transit cell, numerous occasions of transport 12/02/2015 to 13/09/2017 0.3 m²     poor quality of potable water, passive smoking, overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during court hearings between 12/02/2015 and 13/09/2017,   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 8,500     10230/18 26/12/2017 Mikhail Alekseyevich VOLKOV 1982     van 28/02/2020 to 20/04/2020 0.3 m²     applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, overcrowding, restricted access to food, transport in a single occupancy compartment Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms -placement in a metal cage in Prison no. 2 in Krasnoyarsk during various hearings, by way of videoconference (between 27/04/2020 and 09/12/2020). Placement in a cage at the hearing before the Second Cassation Court on 07/07/2021. Multiple proceedings in various courts in which the applicant was at the same period placed in a metal cage (Babushkinskiy District Court of Moscow, Ostankinskiy District Court of Moscow, Krasnoyarsk Regional Court, Moscow City Court, Eighth Cassation Court),   Art. 6 (1) - applicant’s absence from civil proceedings - civil claim for compensation of non-pecuniary damage caused by conditions of detention; decision on 01/03/2017, by the Zamoskvoretskiy District Court of Moscow; Appeal decision on 26/09/2017, by the Moscow City Court, final decision on the matter was taken by the Supreme Court of the Russian Federation on 28/05/2018 (complaint lodged on 01/09/2018). The applicant, a detainee, was not brought to any hearings in his civil case 9,500     30247/18 31/05/2018 Aleksandr Viktorovich BORISOV 1979 Aleksey Nikolayevich Laptev Moscow van, holding cell at the courthouse; numerous occasions of transport between the detention facility and the courthouse 14/08/2017 to 26/09/2018 0.2-0.6 m²     no access to potable water, lack of privacy for using toilet, no or restricted access to toilet, passive smoking, inadequate temperatures, no natural light, overcrowding   Art. 5 (4) - excessive length of judicial review of detention - extension of detention order of 11/09/2017, appeal filed on 13/09/2017 and examined on 01/12/2017 (the applicant did not receive a copy of the decision),   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the courtroom during the hearings on pretrial detention, trial and appeal proceedings. Basmannyy District Court of Moscow, Moscow City Court between 22/06/2017 and 26/09/2018   8,500     35084/18 10/07/2018 Viktor Aleksandrovich VASILCHENKO 1993     van, train 07/03/2018 to 08/03/2018         train 09/02/2019 to 10/02/2019       train, van 27/09/2019 to 28/09/2019     van, train 09/12/2019 to 10/12/2019 0.37-0.43 m²           0.37 m²           0.45 m²     lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, insufficient number of sleeping places, lack of privacy for toilet, no or restricted access to potable water   insufficient number of sleeping places, no or restricted access to toilet, 8 persons were held in a train compartment measuring 1. 9   m * 1 m   insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water   insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water   1,000     44107/18 25/08/2018 Sergey Alekseyevich KARNAUKHOV 1980     train 03/07/2018 to 04/07/2018             van, train, transit cell 03/10/2019 to 04/10/2019             train 20/08/2020 to 21/08/2020         train 15/03/2021 to 16/03/2021                     0.25-0.8 m²                   0.5 m²             0.42 m²     overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet     lack of fresh air, no or restricted access to toilet, inadequate temperature, overcrowding, lack of belts and handles, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, no or restricted access to potable water   lack of or poor quality of bedding and bed linen, overcrowding, no or restricted access to potable water, inadequate temperature, lack of fresh air, no or restricted access to toilet   insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in IK-25 Komi Republic since 15/01/2016-and ongoing on the date when the application was lodged with the Court. 1,000     46146/18 18/09/2018 Vadim Gennadiyevich KOSORUKOV 1975     train 20/08/2018 to 21/08/2018   insufficient number of sleeping places, no or restricted access to toilet, inadequate temperature, lack of fresh air   1,000     46788/18 06/09/2018 Anton Nikolayevich ZHILIN 1978     train, van 27/07/2018 to 29/07/2018         train, van 21/02/2019 to 23/02/2019       van, transit cell, 27/06/2019 to 10/02/2020   train 29/07/2020 to 31/07/2020                           0.4 m²       0.45 m²     overcrowding, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, insufficient number of sleeping places, passive smoking   bunk beds, lack of or poor quality of bedding and bed linen, lack of hot food, passive smoking, no or restricted access to toilet, overcrowding   lack of or insufficient natural light, stakan-type cubicles     lack of fresh air, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the courtroom between 27/06/2019 and 10/02/2020; before the Justice of the Peace, Shakhterskiy Judicial Circuit, Vorkuta (introduction date - 12/03/2020) 8,500     46860/18 18/09/2018 Yevgeniy Borisovich DOROSEVICH 1980     van, train 03/08/2018 to 31/08/2018                 train, van 25/03/2019 to 26/03/2019 0.2-0.4 m²     lack of security belts, lack of ventilation, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient natural light, no or restricted access to potable water     insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to toilet, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     49982/18 04/10/2018 Khuler Eduardovich BOPUY-OOL 1993     van, train 26/03/2018 to 20/05/2018   overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, 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   50661/18 09/10/2018 Ivan Anatolyevich MALAKHOV 1962     train, (one round trip) 27/04/2018 to 08/07/2018 0.6 m²     no or restricted access to toilet, lack of or insufficient electric light, both trips lasted cumulatively 19 hours   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during court hearings at the Pushkinskiy District Court of Syktyvkar from 07/04 to 07/06/2021 and held by the Justice of the Peace of the Krasnozatonskiy Judicial Circuit of Syktyvkar on 12/07/2021. 8,500   52108/18 05/11/2018 Danis Miratovich FAYZRAKHMANOV 1988     van, transit cell 30/05/2017 to 30/07/2018     train, van 22/10/2020 to 05/12/2020 0.2-0.7 m²         0.5 m²     lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to toilet     no or restricted access to toilet, no or restricted access to potable water, overcrowding, applicant transported on numerous occasions, insufficient number of sleeping places, the transfer (van+ train on 22/10/2020) lasted 22.5 hours, 8 to 11 inmates per train compartment Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   55833/18 15/11/2018 Mikhail Anatolyevich ROSKOSHIN 1980     van, train 27/05/2018 to 29/05/2018         van, train 11/06/2018 to 13/06/2018         train 24/03/2021 to 25/03/2021 0.4 m²             0.4 m²             0.4 m²     overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient electric light   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light   overcrowding, lack of fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   58662/18 21/11/2018 Vladimir Nikolayevich SKOROMETS 1956     train, van, two occasions of transport during the period indicated below 01/10/2018 to 31/10/2018 0.6 m²     overcrowding, 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   58907/18 27/11/2018 Vladislav Alekseyevich REDIN 1994     train 09/08/2018 to 10/08/2018   no or restricted access to toilet, insufficient number of sleeping places, 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   59302/18 20/11/2018 Artem Aleksandrovich SMIRNOV 1987     train 05/10/2018 to 07/10/2018   insufficient number of sleeping places, lack of fresh air, overcrowding   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – placement in a metal cage in the courtroom of the Ukhta Town Court of the Komi Republic, between 11/06/2021 and 02/09/2021,   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 8,500   1912/19 08/11/2018 Sergey Olegovich DERGACHEV 1979     train, van 19/12/2018 to 28/12/2018 0.4 m²     overcrowding, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food   1,000   7343/19 22/01/2019 Roman Vyacheslavovich SHIROKOV 1993     van, train 26/09/2018 to 01/12/2018   lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water   1,000   7871/19 19/12/2018 Sergey Yuryevich OSOKIN 1979     train 12/10/2018 to 14/10/2018 0.4 m²     insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   8977/19 23/01/2019 Anton Olegovich PONOMAREV 1989     train, transit cell, van 19/12/2018 to 28/12/2018 0.2 m²     overcrowding, lack of fresh air, no or restricted access to toilet, passive smoking, mouldy or dirty cell   1,000   11252/19 12/03/2019 Andrey Vladimirovich ILLARIONOV 1982     train, van 21/12/2018 to 28/01/2019     train, van 09/09/2020 to 09/11/2020   lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water   applicant transported on numerous occasions, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to warm water, lack of fresh air, low ceilings in cells, passive smoking, lack of or insufficient natural light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   12047/19 29/01/2019 Artem Gabitovich GATAULIN 1977     train 23/01/2019 to 24/01/2019         van 05/02/2019 to 05/02/2019   train 05/02/2019 to 05/02/2019               0.4 m²       0.44 m²     lack of fresh air, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to toilet, overcrowding, no or restricted access to potable water   overcrowding, lack of or insufficient natural light, inadequate temperature, no handrails   overcrowding, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature, 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   12522/19 05/02/2019 Shamil Ali ogly MAMEDOV 1966     train, van 03/12/2018 to 04/12/2018             van, train 23/03/2020 to 24/03/2020           van, train 23/05/2020 to 23/05/2020 0.3 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to running water, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet   bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, overcrowding, passive smoking   bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of privacy for toilet, no or restricted access to toilet, passive smoking, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - inadequate conditions of detention after conviction – in IK-1 Komi Republic, from 15/09/2011, pending as of 16/09/2022, 1.4 sq. m of personal space, 52 inmates, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, no or restricted access to shower 13,500   12935/19 28/01/2019 Viktor Vladimirovich MISHARIN 1990     train, van 23/11/2018 to 24/11/2018         van, train 03/02/2019 to 29/03/2019 0.3 m²             0.4 m²     overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to running water, lack of fresh air   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, lack of fresh air, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   14589/19 04/03/2019 Anton Valeryevich LEVASHOV 1989     van, (transport to and from work on numerous occasions) since 04/10/2018 and pending on the date when the application was lodged with the Court   overcrowding, inadequate temperature     1,000   14993/19 18/02/2019 Aleksandr Alekseyevich POCHTAREV 1994     train, van 18/09/2018 to 04/10/2018 0.5 m²     overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of seat belts, 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,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – in the court hearings before the Ukhta Town Court, Kolpinskiy District Court of St Petersburg (by way of videoconference from the detention facility) between 26/04/2018 and 23/08/2021. 8,500   17382/19 16/03/2019 Dmitriy Igorevich RADNEV 1986     van, transit cell, train 17/09/2018 to 24/12/2018 0.3-0.4 m²     overcrowding, restricted access to food, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, lack of or inadequate hygienic facilities, applicant transported on numerous occasions, lack of fresh air, inadequate temperature   1,000   25960/19 30/04/2019 Andrey Igorevich ARTEMYEV 1986     train, van 21/07/2017 to 18/11/2018 0.16 m²     lack of or insufficient electric light, overcrowding, insufficient number of sleeping places, lack of hot food, lack of or poor quality of bedding and bed linen, inadequate temperature, numerous occasions of transport, no or restricted access to toilet, passive smoking   1,000   40231/19 10/07/2019 Aleksandr Grigoryevich SHEVCHUK 1990     train 16/01/2019 to 17/01/2019 0.3 m²     overcrowding, insufficient number of sleeping places   1,000   41170/19 16/07/2019 Aleksandr Vladimirovich GERASIMOV 1971     train, van, transit cell 26/04/2019 to 16/05/2019       van, train 12/07/2019 to 12/07/2019                 van 25/07/2019 to 25/07/2019     van 14/07/2020 to 14/07/2020                                     0.5 m²         0.4 m² lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of or insufficient natural light   lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, overcrowding   lack of fresh air, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet   overcrowding, no or restricted access to potable water, 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,   Art. 3 - inadequate conditions of detention after conviction – in IK-9 Kirov Region, from 13/06/2014 to 12/07/2019, 2 sq. m, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, no or restricted access to shower, overcrowding 6,000   64600/19 20/03/2020 Ayraz Talgatovich GAYSIN 1978     train (Yekaterinburg - Tavda) 24/09/2019 to 25/09/2019   overcrowding, no or restricted access to toilet, insufficient number of sleeping places, constant electric light, lack or insufficient quantity of food   1,000   1232/20 11/06/2020 Anton Vladimirovich STEFANOVICH 1991     van, numerous occasions of transport between the detention facilities and the courthouse between 04/09/2019 and 25/12/2019   inadequate temperature, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the hearings before the Vorkuta Town Court of the Komi Republic in the proceedings between 04/09/2019 and 25/12/2019 8,500   1437/20 24/03/2020 Viktor Viktorovich BOBKIN 1973     van, numerous occasions of transport between the detention facilities and the courthouse since 07/09/2017 and pending on the date when the application was lodged with the Court 0.3 m²     lack of fresh air, no or restricted access to toilet, overcrowding, no or restricted access to potable water   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   2504/20 04/02/2020 Andrey Nikolayevich KOLOMEYTSEV 1982     van, train 03/10/2019 to 04/10/2019   van, train 17/11/2019 to 17/11/2019 0.4 m²       0.4 m²     overcrowding, lack of fresh air       overcrowding, 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   2964/20 10/12/2019 Mikhail Viktorovich NOVIKOV 1986     van, train 26/07/2019 to 26/07/2019 0.2 m²     overcrowding, lack of fresh air, passive smoking, 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   3120/20 18/12/2019 Kirill Yuryevich KOSAREV 1982     train, van 30/07/2019 to 30/07/2019   overcrowding, no or restricted access to toilet, insufficient number of sleeping places   1,000   3426/20 21/12/2019 Ruslan Ilshatovich MUKHAMETSHIN 1997     van 26/11/2016 to 11/10/2019 0.25 m²     applicant transported on numerous occasions, overcrowding, lack of fresh air, passive smoking, inadequate temperature, no or restricted access to toilet, 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,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – the applicant was placed in a metal cage during detention and trial hearings held in the courtroom of the Naberezhnye Chelny Town Court between 08/12/2016 and 04/12/2019. 8,500   4462/20 27/12/2019 Maksim Valeryevich PODOBREY 1987     train, transit cell, van, numerous occasions of transport between the detention facility and the courthouse 02/09/2015 to 15/04/2020 0.3 m²     inadequate temperature, overcrowding, lack of fresh air, no or restricted access to toilet, poor quality of food     1,000   5757/20 16/01/2020 Ruslan Aleksandrovich GARIN 1979     van 11/10/2019 to 11/10/2019           van 01/04/2020 to 08/05/2020                     lack of belts and handles, overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, transport for two and a half hours, 8 inmates per compartment, transfer lasted 2 hours 24 minutes   overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, transfers lasted 1.5 to 2.5 hours Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   5889/20 12/05/2020 Aleksandr Viktorovich KAPORSKIY 1991     van 07/11/2019 to 16/04/2020 0.3 m²     applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety belts and handles, 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   6105/20 14/05/2020 Anatoliy Rinatovich TOKHTABAYEV 1979     van, train, numerous occasions of transport between the detention facilities 11/10/2019 to 09/03/2020 0.3 m²     overcrowding, lack of or insufficient natural light, lack of fresh air, inadequate temperature, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   6109/20 08/04/2020 Aleksandr Yevgrafovich KOPOSOV 1973     van, train 05/11/2019 to 17/12/2019 0.4 m²     travelling in a van in a bent position, lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, poor quality of potable water, 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   6283/20 21/01/2020 Oleg Ivanovich FISUN 1982     Single occupancy compartment, van, numerous occasions of transport to take part in investigative actions or court hearings 29/10/2018 to 27/09/2019 0.12 m²     overcrowding   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - inability to have a family visit, particularly a long-term visit, during detention in the pre-trial facility, at least until 27/09/2019 4,500   8580/20 01/02/2020 Aleksandr Anatolyevich KITBALYAN 1963     van 05/08/2019 to 28/01/2020   lack of fresh air, no or restricted access to toilet   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits – from 21/01/2019 to 08/06/2020 the applicant did not have long-term visits from his wife, as they are not provided for by the law, and could not make phone calls to her,   Art. 3 - inadequate conditions of detention - detention in IZ-2 Moscow from 28/06/2019 to 08/06/2020; 2.4 sq. m of personal space, the applicant detained with 4 inmates in a cell measuring 10 sq. m. 5,000   9587/20 03/02/2020 Emir Alikovich SHAMUGIYA 1986     train, van 15/12/2019 to 23/12/2019   applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light, overcrowding, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, 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 during transport and in respect of permanent video surveillance in detention facilities,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-25 Komi Republic by female guards from 05/02/2019 to 16/12/2019 and from 23/12/2019 to 07/02/2020,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - the applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complained about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed. 1,000   11976/20 07/02/2020 Maksim Sergeyevich RYABOV 1988     van, train 16/08/2019 to 30/12/2019 0.4 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and permanent video surveillance in detention facilities,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Vorkuta Town Court of the Komi Republic on several occasions between 24/10/2019 and 30/12/2019,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators at IK-31 Komi Republic between 17/11/2020 and 28/12/2021. 8,500   26705/20 05/06/2020 Karamatullo Nazarmamadovich SHASHAYEV 1982     train 18/02/2020 to 20/02/2020   van 29/02/2020 to 29/02/2020         0.25 m²     insufficient number of sleeping places, overcrowding     overcrowding, lack of fresh air   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-5 in the Krasnoyarsk Region between 02/09/2010 and 25/05/2021 by opposite-sex operators, video surveillance in a lavatory and/or shower room. 1,000   28927/20 22/06/2020 Nikolay Viktorovich YEMELIN 1984     train 19/03/2020 to 10/04/2020   applicant transported on numerous occasions, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport, in respect of permanent video surveillance in detention facilities and lack of any effective remedy in respect of the prisoners’ voting rights,   Art. 3 - inadequate conditions of detention after conviction - detention in IK-25 Komi Republic since 15/01/2016, pending as of 16/09/2022, 1.5 sq. m of personal space; lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, lack of fresh air, no or restricted access to warm water, lack of privacy for toilet,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities – in IK-25 Komi republic, since 15/01/2016, pending as of 16/09/2022,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complained about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed. 13,000   41554/20 26/08/2020 Nikolay Vasilyevich SAGITOV 1993     van, train 13/03/2020 to 14/03/2020 0.49 m²     overcrowding, 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, no or restricted access to toilet, lack of privacy for toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-25 Komi Republic; 14/08/2017 - and on-going on the date when the application was lodged with the Court; detention in different cells with video surveillance, opposite-sex operators. 1,000   45646/20 08/12/2020 Aleksey Vladimirovich KISELEV 1979     train, van 04/08/2020 to 21/11/2020 < 0.4 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in court hearings in the Usinsk Town Court of the Komi Republic from 07/08/2020 to 24/02/2021 8,500   16777/21 14/03/2021 Anna Petrovna KARPUKHINA 1992     van, transit cell 05/02/2019 to 17/09/2020   &#Articles de loi cités
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 25
- Date
- 26 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2023:1026JUD005167815
Données disponibles
- Texte intégral