CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 11 janvier 2024
- ECLI
- ECLI:CE:ECHR:2024:0111JUD001890719
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- 11 janvier 2024
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- 11 janvier 2024
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source officielleViolation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
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RUSSIA (Applications nos. 18907/19 and 49 others – see appended list)             JUDGMENT   STRASBOURG 11 January 2024   This judgment is final but it may be subject to editorial revision. In the case of Tikhonov 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 7 December 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 cases of Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012 and 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 the 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 in (see 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 in respect of the complaints about inadequate conditions of transport; and 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). 13.     In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by Mr   Belyy (application nos.   24342/19) under Article 13 of the Convention about the lack of effective domestic remedies to complain about the placement in a metal cage in courtrooms (compare Valyuzhenich v. Russia , no.   10597/13, § 27, 26   March 2019). remaining complaints 14.     Mr Yuriyev (application no.   22399/19) and Mr Kislyakov (application no.   24866/19) complained under Article   3 of the Convention about conditions of their detention from 29/08/2015 to 16/12/2020, at the latest, and from 13/07/2017 to 16/12/2020, at the latest, respectively. They also claimed, referring to Article   13 of the Convention that there had been no effective remedy in that respect. Mr Yuriyev alleged, inter alia , that the personal space allocated to him had been less than 1 sq.   m, which was below the national standard of 2 square metres. According to Mr Kislyakov, he was provided with 1.5 sq.   m of personal space. 15.     As to the complaint under Article   3 of the Convention, the Court notes that, as matters stand, the material facts complained of by the applicants have ceased to exist. They are no longer detained in the conditions complained of. It also notes that it was open to the applicants to make resort to a new compensatory remedy, introduced by the Russian Federation on 27   January 2020, in respect of their complaints concerning the conditions of detention in breach of the national legislation (see Shmelev and Others v. Russia (dec.), nos.   41743/17 and 16 others, 17 March 2020). 16.     Regard being had to its findings in Shmelev and Others (cited above) that the said remedy presents, in principle, an adequate and effective avenue for redress and offers reasonable prospects of success (ibid., §   54), the Court considers it is no longer justified to continue the examination of this part of the applications (Article   37 §   1   (c) of the Convention) and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the complaints under Article   37   §   1 in fine . Accordingly, this part of the applications should be struck out of the list. 17.     As regards the complaints under Article   13 of the Convention, the Court has examined them 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 do not meet the admissibility criteria set out in Articles   34 and   35 of the Convention. It follows that this part of the applications must be rejected in accordance with Article   35   §   4 of the Convention. APPLICATION OF ARTICLE   41 OF THE CONVENTION 18.     Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Pukhachev and Zaretskiy v. Russia, nos.   17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16   September 2022; Declares the complaints concerning the inadequate conditions of detention during transport and the other complaints under the well ‑ established case-law of the Court, as set out in the appended table, admissible, decides to strike the part of applications nos.   22399/19 and   24866/19 out of its list of cases, as regards the complaints about poor conditions of the post-conviction detention, and declares the remainder of those two applications inadmissible; Holds that these applications disclose a breach of Article   3 of the Convention concerning the inadequate conditions of detention during transport; Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table); Holds that it is not necessary to examine separately the complaints raised under Article 13 of the Convention in respect of lack of domestic remedies to complain about the placement in a metal cage in the courtrooms; 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 11 January 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 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]     18907/19 12/03/2019 Aleksey Anatolyevich TIKHONOV 1984     train, van 17/12/2018 to 21/12/2018 0.3-0.4 m²     overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, lack or inadequate furniture, lack of privacy for toilet, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     18974/19 21/03/2019 Ivan Alekseyevich SMIRNOV 1985     train, transit cell, van 19/12/2018 to 28/12/2018   passive smoking, no or restricted access to warm water, infestation of cell with insects/rodents, overcrowding, poor quality of food, 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     18994/19 10/07/2019 Shukhrat Urunovich AKHMEDOV 1969     train, van, round trip to the prison hospital from the colony 15/01/2019 to 19/02/2019   overcrowding, insufficient number of sleeping places, 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     19145/19 25/03/2019 Aleksey Sergeyevich KOVALEV 1988     van, train, transit cell 21/12/2018 to 12/02/2019   no or restricted access to toilet, overcrowding, passive smoking, poor quality 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 1,000     19172/19 27/03/2019 Rustam Rakhmatovich AKHMEDOV 1980     train (Syktyvkar - Ukhta) 11/10/2018 to 12/10/2018 0.5 m²     insufficient number of sleeping places, 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     19510/19 11/03/2019 Yevgeniy Andreyevich NIKIFOROV 1992     train 27/09/2018 to 29/09/2018   insufficient number of sleeping places, lack of fresh air, overcrowding   1,000     19723/19 25/03/2019 Musa Khamzatovich ATUYEV 1980     train (Pechora - Pyatigorsk) 23/12/2018 to 18/01/2019   inadequate temperature, insufficient number of sleeping places, 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     19789/19 25/03/2019 Murat Shemelkhanovich MASAYEV 1987     train (Pechora - Pyatigorsk) 23/12/2018 to 18/01/2019   insufficient number of sleeping places, no or restricted access to toilet, inadequate temperature   1,000     20153/19 25/03/2019 Yuriy Vlasovich BIRISH 1965     van 14/11/2018 to 14/11/2018 0.3 m²     overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light, the trip lasted 11   hours 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 – in IK-5 Krasnoyarsk Region, from 14/11/2018, pending as of 16/09/2022, opposite-sex operators, video surveillance in a lavatory /shower room 1,000   20402/19 01/03/2019 Andrey Andreyevich POTURVAY 1984     train, van, (round trip) 01/10/2018 to 31/10/2018     van, train, (round trip) 20/07/2019 to 31/07/2019   insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water, passive smoking   lack of fresh air, insufficient number of sleeping places, overcrowding, no or restricted access to toilet   1,000   20419/19 01/04/2019 Andrey Borisovich SERGEYEV 1972     train 29/10/2018 to 31/10/2018   overcrowding, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient electric light   1,000   20440/19 25/03/2019 Vladimir Sergeyevich SKOMOROKHOV 1977     train 10/10/2018 to 11/10/2018         train 17/10/2018 to 03/02/2019 0.34 m²             0.28 m²   overcrowding, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no access to warm food, no or restricted access to toilet, inadequate temperature   overcrowding   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   20661/19 01/04/2019 Dinar Suleymanovich MINGALIMOV 1987     train, van 12/12/2018 to 24/12/2018           van, train 31/05/2019 to 31/05/2019   van, train 24/06/2019 to 24/06/2019           train (Pechora - Mikun) 25/01/2020 to 25/01/2020 0.3 m²               0.2 m²       0.3-0.4 m² overcrowding, insufficient number of sleeping places, no or restricted access to running water, poor quality of food, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to potable water   overcrowding, no or restricted access to toilet       overcrowding, lack of safety belts, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet     overcrowding, insufficient number of sleeping places, 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   21441/19 29/03/2019 Aleksey Vladimirovich SHMELKOV 1975     train, van 19/11/2018 to 19/11/2018   no or restricted access to toilet, poor quality of food, 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   21496/19 10/05/2019 Aleksandr Leonidovich IVANOV 1981       van, train, (transportation from IK-23 Irkutsk Region to Krasnoyarsk tuberculosis hospital) 02/12/2018 to 02/12/2018   overcrowding, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, no or restricted access to warm water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   21844/19 04/04/2019 Anatoliy Viktorovich TIKHONOV 1982     van, train 15/11/2018 to 16/11/2018           train, van 16/12/2018 to 17/12/2018   overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, passive smoking, lack of fresh air   rounds trip, see above for the description of the conditions Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   22212/19 14/05/2019 Anton Leonidovich YERLIN 1978     van 14/11/2018 to 14/11/2018 0.3 m²     overcrowding, no or restricted access to running water, lack of privacy for toilet, no handrails in a van Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   22399/19 27/03/2019 Sergey Yuryevich YURYEV 1977     train 21/02/2019 to 22/02/2019   train 17/03/2019 to 17/03/2019   van, train 13/07/2019 to 14/07/2019   van 26/07/2019 to 26/07/2019   train, van, (two trips) 15/08/2019 to 25/08/2019     lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, lack of or poor quality of bedding and bed linen   lack of or insufficient natural light, lack of fresh air, no or restricted access to toilet     lack of fresh air, insufficient number of sleeping places, overcrowding, passive smoking   overcrowding, poor quality of food, lack of fresh air, passive smoking     insufficient number of sleeping places, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   22407/19 09/04/2019 Vladimir Yuryevich TSYGANIY 1979     train 11/01/2019 to 12/01/2019   insufficient number of sleeping places, lack of or insufficient electric light, inadequate temperature   1,000   22571/19 12/04/2019 Aleksandr Mikhaylovich VYGORKO 1960     train, van, transit cell 18/12/2018 to 14/03/2019   lack of or inadequate hygienic facilities, lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   22651/19 03/04/2019 Aleksandr Viktorovich MOCHALOV 1968     van 14/11/2018 to 30/11/2018 0.2 m²     overcrowding, no or restricted access to potable water, no or restricted access to toilet, no facilities for eating food, no security belts, no handrails, lack of or insufficient natural light, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   23069/19 19/03/2019 Muzaffardzhon Mukhamedovich AKHMEDOV 1987 Ivan Severovich Sidorov Moscow van 09/02/2018 to 31/10/2018 0.3 m²     lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, numerous occasions of transport Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   23241/19 11/04/2019 Aleksandr Stoyanov DIMITROV 1975     van, train 15/01/2019 to 16/01/2019   van, train 07/04/2019 to 07/04/2019   lack of fresh air, lack of or insufficient electric light, overcrowding, passive smoking     lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport     2,300   23318/19 08/04/2019 Adil Ibragimovich PUTIYEV 1972     train (Vorkuta- Usinsk) 11/01/2019 to 12/01/2019   insufficient number of sleeping places, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport   1,000   23999/19 16/04/2019 Khamzat Khunsakovich GEROYEV 1986     van / train (IK-4 Stavropol Region - Kirov - Kazan - Volgograd - Mineralnyye Vody - SIZO-1 Stavropol Region) 19/12/2018 to 18/01/2019 <0.3 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   24014/19 08/04/2019 Dmitriy Anatolyevich SUYUNSHALIYEV 1986     train, van 20/10/2018 to 21/10/2018 0.5 m²     no or restricted access to toilet, overcrowding, poor quality of potable water, mouldy or dirty cell Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24022/19 22/04/2019 Aleksey Stanislavovich ILYUKHIN 1975     van, train 15/02/2019 to 16/02/2019 0.38 m²     overcrowding, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, passive smoking, 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   24294/19 18/04/2019 Valeriy Vladimirovich OSIPOV 1980     van, train 16/03/2019 to 16/03/2019 0.7 m²     lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, lack or inadequate furniture, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24342/19 22/04/2019 Yaroslav Vladimirovich BELYY 1983     van 10/05/2018 to 17/05/2019         train 28/10/2018 to 08/01/2019           transit cell, (Oktyabrskiy District Court of Krasnoyarsk) 27/02/2019 to 17/05/2019 0.25 m²     inadequate temperature, overcrowding, lack of fresh air, passive smoking, lack of or insufficient electric light, mouldy or dirty cell, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to running water   bunk beds, insufficient number of sleeping places, overcrowding, passive smoking, lack of or insufficient natural light, lack of or insufficient electric light, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to toilet   lack of or insufficient electric light, 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;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during hearings in the Oktyabrskiy District Court of Krasnoyarsk from 27/02/2019 to 17/05/2019 8,500   24435/19 23/03/2019 Vasiliy Sergeyevich SPIRIN 1983     train 21/09/2018 to 23/09/2018   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, passive smoking, no or restricted access to potable water, no or restricted access to toilet   1,000   24647/19 19/04/2019 Dmitriy Vladimirovich PARAMONOV 1979 Maksim Andreyevich Protapopov St Petersburg van, numerous occasions of transfer between SIZO-1 St   Petersburg and the Primorskiy District Court St   Petersburg 25/12/2017 to 23/10/2018       single occupancy cubicle, lack of fresh air, lack of or insufficient electric light Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24814/19 16/04/2019 Viktor Vasilyevich BIRKA 1992     train, van, numerous occasions of transport between the detention facilities 16/10/2018 to 27/01/2019 0.16-0.72   m² insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to warm water, lack of seat belts Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24866/19 17/04/2019 Konstantin Petrovich KISLYAKOV 1992     train, van 21/02/2019 to 22/02/2019 0.4 m²     overcrowding, insufficient number of sleeping places, lack or inadequate furniture, lack of fresh air, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, passive smoking, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet, inadequate temperature Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24936/19 03/05/2019 Dmitriy Nikolayevich NAZAROV 1978     van, numerous occasions of transport from the detention facility to the courthouse, and to take part in investigative actions 31/01/2018, pending as of 16/09/2022 0.2-0.4 m²     overcrowding, lack of fresh air, passive smoking, lack of or insufficient natural light   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   24943/19 15/04/2019 Vladimir Aleksandrovich YAKYAMSEV 1991     van 13/11/2018 to 13/11/2018 0.2 m²     overcrowding, 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, 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   25054/19 29/04/2019 Dmitriy Mikhaylovich KAPLYAR 1980     train, van 25/05/2019 to 25/05/2019 0.5 m²     lack of fresh air, overcrowding, no or restricted access to toilet, poor quality of potable water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   25109/19 10/04/2019 Sukhrob Muradkulovich BURKHANOV 1982     train 11/01/2019 to 11/01/2019       train 23/03/2019 to 23/03/2019 0.5 m²           0.32 m²     overcrowding, lack of or insufficient electric light, lack of fresh air, lack of facilities for warming and eating food, no or restricted access to toilet, lack of or poor quality of bedding and bed linen   overcrowding, lack of or insufficient natural light, no or restricted access to toilet, lack of fresh air, lack of facilities for warming and eating food, 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 1,000   25266/19 06/04/2019 Andrey Olegovich KUZMIN 1992     train, transit cell, van 07/10/2018 to 27/01/2019 0.3-2.5 m²     insufficient number of sleeping places, lack of fresh air, poor quality of food, lack of or insufficient electric light, infestation of cell with insects/rodents, mouldy or dirty cell, 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 1,000   25365/19 29/04/2019 Mikhail Olegovich KUNITSYN 1986     van, numerous occasions of transport between the detention facilities, or to take part in investigative actions or court hearings 04/12/2018, pending as of 16/09/2022   inadequate temperature, lack or insufficient quantity of food, no or restricted access to toilet   1,000   25504/19 24/12/2019 Aleksey Viktorovich ILYASOV 1990     van, numerous occasions of transport between the detention facility and the courthouse in the period indicated 26/09/2015, pending as of 16/09/2022 <0.4 m²     overcrowding, passive smoking, 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   25970/19 22/04/2019 Yevgeniy Aleksandrovich BARANNIKOV 1978     van 01/11/2018 to 01/11/2018 0.25 m²     overcrowding, no safety belts, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no access to toilet, no handrails Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26142/19 05/12/2019 Aleksandr Nikolayevich BONDIK 1979     van, train 30/08/2019 to 31/08/2019           van, train 04/10/2019 to 04/10/2019 0.4-0.5 m²               0.3 m² lack of handles and belts, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, lack of fresh air, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, no or restricted access to toilet   inadequate temperature, lack of fresh air, insufficient number of sleeping places, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of or insufficient natural 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 1,000   26606/19 06/05/2019 Aleksandr Olegovich ABROSIMOV 1989     transit cell 22/06/2018 pending as of 16/09/2022   lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26607/19 19/04/2019 Eduard Aleksandrovich BULUKHOV 1980     train, transit cell, van 24/12/2018 to 04/02/2019 0.2-1.4 m² lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, insufficient number of sleeping places Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26695/19 17/06/2019 Vasiliy Igorevich KLOCHEK 1992     train 19/12/2018 to 23/01/2019   train 27/03/2019 to 16/04/2019   no or restricted access to toilet, poor quality of potable water, lack of or insufficient electric light   lack of or insufficient electric light, poor quality of potable water, no or restricted access to toilet   1,000   26915/19 24/04/2019 Vyacheslav Aleksandrovich GAVRILOV 1982     train 11/03/2019 to 11/03/2019 0.3 m²     insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, no or restricted access to toilet, inadequate temperature Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26927/19 08/05/2019 Nikolay Yuryevich KOSHTURA 1977     train (Ufa - Ryazan – Rostov ‑ on ‑ Don - Pyatigorsk) 22/12/2018 to 30/01/2019   overcrowding, insufficient number of sleeping places, no or restricted access to toilet, poor quality of potable water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26950/19 05/05/2019 Mikhail Yuryevich MOKHOV 1974     transit cell, train, van 24/03/2019 to 04/05/2019         0.67 m²     overcrowding, no access to food   1,000   27198/19 13/05/2019 Petr Aleksandrovich GILEVICH 1988 Aleksey Mikhaylovich Urlashov St Petersburg van 03/06/2015 to 15/04/2019   transit cell 03/06/2015 to 15/04/2019   train 15/04/2019 to 16/04/2019 0.3 m²       0.63-0.75 m²     0.25 m² overcrowding, numerous occasions of transport     overcrowding, 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 Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   27607/19 29/04/2019 Vasiliy Ivanovich MISEV 1982     train, van 27/03/2019 to 28/03/2019 0.4 m² insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, 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     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 29
- Date
- 11 janvier 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0111JUD001890719
Données disponibles
- Texte intégral