CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 18 avril 2024
- ECLI
- ECLI:CE:ECHR:2024:0418JUD005201919
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- 18 avril 2024
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- 18 avril 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 3 - Prohibition of torture (Article 3 - Degrading treatment);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review);Violation 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)
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RUSSIA (Applications nos. 52019/19 and 52 others – see appended list)             JUDGMENT   STRASBOURG 18 April 2024   This judgment is final but it may be subject to editorial revision. In the case of Voloshin and Others v. Russia, The European Court of Human Rights (Second Section), sitting as a Committee composed of:   Lorraine Schembri Orland , President ,   Frédéric Krenc,   Davor Derenčinović , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 28 March 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in applications against Russia lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.     The Russian Government (“the   Government”) were given notice of the applications. THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.     The applicants complained of the inadequate conditions of 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. 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 Svinarenko and Slyadnev v. Russia [GC], nos.   32541/08 and 43441/08, §§ 113-39, ECHR 2014 (extracts), concerning placement in a metal cage in a courtroom during criminal proceedings; Sergey   Babushkin v. Russia , no. 5993/08, 28   November 2013, concerning inadequate conditions of post-conviction detention and the lack of an effective remedy in that respect; Idalov v. Russia [GC], no.   5826/03, §§   103-08 and 154-58, 22   May 2012, related to “speediness” of review of lawfulness of pre-trial detention; and Tomov and Others , cited above, §§ 92-156, 9 April 2019, concerning the lack of an effective remedy in respect of the complaint about inadequate conditions of transports of detainees). 13.     In view of the above findings, the Court considers that there is no need to deal separately with the complaints lodged by some of the applicants under Article   13 of the Convention in respect of their placement in a metal cage in the courtroom, and also does not consider it necessary to examine a separate complaint about placement in a metal cage raised under Article 3 of the Convention in application no. 54688/19 (compare Valyuzhenich v. Russia , no.   10597/13, § 27, 26   March 2019). APPLICATION OF ARTICLE   41 OF THE CONVENTION 14.     Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Biryuchenko and Others v. Russia [Committee], no. 1253/04 and 2 others, § 96, 11 December 2014), the Court considers that the finding of a violation in application no.   57067/19 will constitute in itself sufficient just satisfaction (see Ivanov and Others v. Russia   [Committee], nos.   44363/14   and 2 others, §   12, 4 June 2020, and Puzanov v.   Russia   [Committee], nos.   26895/14   and 2 other applications, §   13, 15   September 2022). It further finds reasonable to award the sums indicated in the appended table to the remaining applicants. 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 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 the lack of domestic remedies to complain about placement in a metal cage in a courtroom, as well as an additional complaint raised under Article 3 of the Convention in application no. 54688/19; Holds that the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant in application no. 57067/19; Holds (a)   that the respondent State is to pay the remaining 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 18 April 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Viktoriya Maradudina   Lorraine Schembri Orland   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]     52019/19 21/09/2019 Mikhail Yuryevich VOLOSHIN 1974     train 02/04/2019 to 03/04/2019         train 17/04/2019 to 18/04/2019 0.6 m²             0.6 m²     overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet   overcrowding, insufficient number of sleeping places, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet   1,000     52354/19 16/09/2019 Mikhail Dmitriyevich CHERNYSHKOV 1989     van, transit cell, numerous occasions of transport between the detention facilities and the courthouse 29/10/2018 to 26/03/2019   train, transit cell, van 14/06/2019 to 25/06/2019   lack of fresh air, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, transfer in a single occupancy cell             overcrowding, bunk beds, insufficient number of sleeping places, passive smoking   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;   Art. 5 (4) - excessive length of judicial review of detention - The appeal was lodged on 25/02/2019 against the detention order of 20/02/2019 by the Promyshlennyy District Court of Samara, the appeal hearing was on 19/03/2019 (23 days) before the Samara Regional Court;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement of the applicant in a metal cage during the trial proceedings leading to the conviction by the Promyshlennyy District Court of Samara on 26/03/2019 and Leninskiy District Court of Cheboksary between 02/08/2019 and 02/10/2019. 8,500     52739/19 23/09/2019 Stanislav Vladimirovich VOROBYEV 1980     train 13/06/2019 to 17/06/2019     train 05/08/2019 to 07/08/2019 0.4 m²         0.4 m²     lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, inadequate temperature, insufficient number of sleeping places, no or restricted access to potable water   overcrowding, lack of privacy for toilet, no or restricted access to toilet, insufficient number of sleeping places, no or restricted access to potable water, lack of fresh air, lack of or insufficient natural light   1,000     53010/19 02/10/2019 Yevgeniy Maksimovich POTAPOV 1996     train, van 26/06/2019 to 18/07/2019 0.2-1.8 m²     insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 9 inmates were transferred by van in a compartment measuring 3 sq. m, 7 inmates per compartment in a train   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     53151/19 22/01/2020 Viktor Ivanovich BUSHUYEV 1971     train, transit cell 26/07/2019 to 05/08/2019   overcrowding, no or restricted access to warm water, 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 physical exercise in fresh air, lack of fresh air, poor quality of food   1,000     53412/19 18/09/2019 Aleksandr Vladimirovich SAMARIN 1986     van, train 07/03/2019 to 12/04/2019   lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, poor quality of potable water, no or restricted access to toilet, insufficient number of sleeping places, 7 inmates per compartment in a van measuring 3 sq. m, 9 inmates per compartment in a train Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     53756/19 02/04/2020 Denis Igorevich PAVLOV 1980     van 03/10/2019 to 04/03/2020   overcrowding, 12 to 13 inmates per compartment measuring 3.75 sq. m   1,000     53762/19 08/05/2020 Yevgeniy Yuryevich SHEMYAKIN 1977     van, 03/06/2017 to 27/02/2020 0.2 m²     overcrowding, lack of fresh air, inadequate temperature, transfers in a single occupancy cell, numerous occasions of transport between the detention facilities and the courthouses 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 kept in a metal cage during the hearings in the Moscow District Court of St   Petersburg since 13/03/2019 and in the Third Cassation Court of General Jurisdiction until 01/04/2021     8,500     53797/19 07/12/2019 Nikolay Sergeyevich BELYAYEV 1989     train 19/09/2019 to 20/09/2019   lack of fresh air, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet, overcrowding, 9 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   53856/19 01/10/2019 Yevgeniy Viktorovich CHIZHIKOV 1985     train 19/04/2019 to 21/05/2019 0.2 m²     overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of privacy for toilet, 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 inadequate conditions of detention;   Art. 3 - inadequate conditions of detention after conviction - conditions of detention in settlement colony   no. 14 Irkutsk Region; from 16/12/2019 to 13/02/2020. 2.3   sq. m. of personal space; 14   inmates per brigade; no or restricted access to running water, no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, lack of toiletries 1,800   53883/19 30/09/2019 Vyacheslav Vasilyevich KUDINOV 1972     train 23/06/2019 to 25/06/2019   no or restricted access to potable water, overcrowding, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, insufficient number of sleeping places         1,000   54005/19 20/09/2019 Vladimir Sergeyevich BOGDANOV 1980     train 23/03/2019 to 07/04/2019 0.1 m²     insufficient number of sleeping places, overcrowding, lack of or poor quality of bedding and bed linen, passive smoking, no ventilation, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack or insufficient quantity of food, poor quality of food, lack of or insufficient physical exercise in fresh air, 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   54013/19 23/09/2019 Aleksandr Sergeyevich VASILYEV 1985     train 25/04/2019 to 26/04/2019 0.5 m² overcrowding, insufficient number of sleeping places, no or restricted access to toilet, 10 inmates per train compartment, 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   54108/19 16/09/2019 Yaroslav Vasilyevich VOLKOV 1977     train 17/04/2019 to 02/05/2019   overcrowding, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, passive smoking, no or restricted access to toilet, insufficient number of sleeping places   1,000   54175/19 25/09/2019 Artem Aleksandrovich NELAYEV 1992     train 29/07/2019 to 23/08/2019   lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, 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   54279/19 30/09/2019 Dmitriy Yuryevich STEPIN 1979 Andrey Yevgenyevich Golubenko Nea Skiony van 26/09/2015 - pending criminal proceedings against the applicant <0.4 m² overcrowding, lack of fresh air, no or restricted access to toilet, numerous transfers pending trial Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54378/19 03/10/2019 Sergey Viktorovich BELOUSOV 1990     train 21/04/2019 to 30/04/2019   overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, passive smoking, no or restricted access to potable water, insufficient number of sleeping places, lack of fresh air   1,000   54426/19 23/09/2019 Vladimir Aleksandrovich GORLATYKH 1983     train 05/07/2019 to 07/07/2019   lack of fresh air, lack of privacy for toilet, overcrowding, no or restricted access to toilet, poor quality of food, passive smoking, 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   54431/19 19/09/2019 Kirill Olegovich ILCHUKOV 1990     train 15/07/2019 to 17/07/2019 0.2 m²     lack of fresh air, lack or insufficient quantity of food, lack of privacy for toilet, overcrowding, poor quality of 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   54528/19 30/09/2019 Denis Mikhaylovich FILIPPOV 1989     van, train, round trip from the detention facility to the prison hospital in Ukhta 18/04/2019 to 27/04/2019 0.4 m²     lack of ventilation, transfer in a bent position, lack of or insufficient natural light, 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 toilet, lack of privacy for toilet, no or restricted access to potable water, lack of fresh air, transfer by van in a single occupancy cell Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54529/19 07/10/2019 Yuriy Georgiyevich IGNATYEV 1971     van 08/04/2019 to 18/04/2019 0.25 m²     lack of windows, lack of fresh air, overcrowding, inadequate temperature, lack of belts and handles, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to warm water, lack of or inadequate hygienic facilities Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of inadequate conditions of detention;   Art. 3 - inadequate conditions of detention after conviction - in IK ‑ 15 Nizhniy Novgorod Region, pending as of 16/09/2022, since 18/04/2019, 1.5 ‑ 1.7   sq. m of personal space, overcrowding, bunk beds, lack or inadequate furniture, inadequate temperature, poor quality of running water, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or insufficient electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air 13,400   54539/19 30/09/2019 Sergey Vitalyevich LYASHCHENKO 1984     train, van 01/09/2019 to 03/09/2019 <0.4 m²     overcrowding, insufficient number of sleeping places, lack of fresh air, 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   54580/19 26/09/2019 Vadim Vladimirovich GLUSHCHENKO 1975     train 15/05/2019 to 17/05/2019   insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural 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   54606/19 19/09/2019 Aleksey Sergeyevich CHUVYUROV 1989     van 17/08/2019 to 17/08/2019   train 17/08/2019 to 19/08/2019     train, van 02/09/2019 to 03/09/2019     0.3 m²     overcrowding, lack of fresh air       overcrowding, insufficient number of sleeping places, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light   overcrowding, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54688/19 30/08/2019 Aleksey Andreyevich ANUFRIYEV 1981 Marina Aleksandrovna Belinskaya St   Petersburg van 01/08/2014 to 07/03/2019 0.3 m²     lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, not enough seats, transfers lasted 1.5 to 3 hours, multiple transfers between the remand prison and the courthouse Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport   1,000   54700/19 27/09/2019 Pavel Alekseyevich KODANEV 1990     train 04/08/2019 to 05/08/2019   insufficient number of sleeping places     1,000   54799/19 30/09/2019 Mikhail Andreyevich KUSTREYEV 1992     van, train 06/08/2019 to 07/08/2019       train, van 10/11/2019 to 11/11/2019 0.4 m²           0.4 m²     overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, insufficient number of sleeping places, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet   overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, insufficient number of sleeping places, 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 1,000   54805/19 11/10/2019 Aleksandr Anatolyevich KUZNETSOV 1986     van 01/11/2018 to 08/11/2019 0.2 m²     lack of fresh air, passive smoking, inadequate temperature; multiple transfers Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54865/19 30/09/2019 Sergey Vladimirovich KHUDYAYEV 1973     train 23/06/2019 to 07/08/2019 0.35 m²     overcrowding, no ventilation, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, passive smoking, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, poor quality of food, lack or insufficient quantity of food, no or restricted access to potable water, lack of privacy for toilet, 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   54907/19 09/10/2019 Sergey Aleksandrovich PLATONOV 1956 Maksim Aleksandrovich Markin St   Petersburg van, train 17/04/2019 to 30/04/2019 0.4 m²     overcrowding, no or restricted access to toilet, excessive use of chain handcuffs and service dogs, transport in a single occupancy cell   1,000   54923/19 12/10/2019 Denis Sergeyevich SUDAKOV 1977 Maksim Aleksandrovich Markin St   Petersburg train 09/04/2019 to 18/04/2019   overcrowding, passive smoking, mouldy or dirty cell, lack of fresh air, 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   54981/19 21/10/2019 Dmitriy Mikhaylovich CHIRKOV 1979     van, train 13/07/2019 to 14/07/2019       train, van 28/07/2020 to 06/08/2020 0.4 m²     overcrowding, lack of rails in a van, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, passive smoking   inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, no or restricted access to toilet, overcrowding, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   54989/19 03/10/2019 Albert Adlanovich SABITOV 1982     train, numerous occasions of transport in the indicated period 23/03/2019 to 19/08/2019   0.34 m²     poor quality of food, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, passive smoking, lack of or insufficient electric light, overcrowding, inadequate temperature Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   55146/19 23/09/2019 Vladimir Olegovich BERDYUGIN 1989     train, numerous occasions of transport 09/05/2019 to 04/09/2019   lack of or poor quality of bedding and bed linen, lack or inadequate furniture, not provided with warm food, passive smoking, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, 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   55308/19 11/10/2019 Leonid Vladislavovich PRYADKO 1991 Irina Vladimirovna Miller Kansk train, van 14/04/2019 to 29/04/2019 0.1-0.2   m²     overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, inadequate temperature, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, lack of privacy for toilet   1,000   55465/19 18/11/2019 Petr Vladimirovich UZLOV 1978     train 21/07/2019 to 26/07/2019   overcrowding, no or restricted access to toilet, poor quality of potable water   1,000   55840/19 09/10/2019 Sergey Nikolayevich MOROZOV 1988 Maksim Aleksandrovich Markin St   Petersburg train 23/03/2019 to 15/04/2019   insufficient number of sleeping places, overcrowding, no or restricted access to toilet   1,000   55873/19 09/10/2019 Adim Murtaibovich MURTAIBOV 1977     train 22/03/2019 to 11/04/2019 0.3 m²     overcrowding, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, no ventilation, lack of or insufficient electric light, lack of or insufficient natural light, insufficient number of sleeping places   1,000   55951/19 08/10/2019 Sergey Romanovich BABARYKO 1998 Irina Vladimirovna Miller Kansk train 08/07/2019 to 09/07/2019 0.1 m²     overcrowding, insufficient number of sleeping places, passive smoking, no or restricted access to potable water, lack of privacy for toilet, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   56060/19 03/10/2019 Aleksey Yuryevich AFANASYEV 1972     train, van 16/04/2019 to 22/05/2019   lack of fresh air, insufficient number of sleeping places, bunk beds, passive smoking, overcrowding, poor quality of food, 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   56730/19 22/10/2019 Andrey Viktorovich KLADOV 1987     train, van 05/03/2019 to 07/05/2019 0.3 m²     overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to running water, passive smoking, lack of ventilation, lack of fresh air, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to shower Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   56793/19 30/09/2019 Sergey Anatolyevich KURDA 1978     train 23/06/2019 to 25/06/2019   overcrowding, insufficient number of sleeping places, no or restricted access to toilet, 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   56861/19 11/10/2019 Marat Isayevich MAMEDOV 1992     train 26/02/2019 to 11/04/2019 0.25 m²     insufficient number of sleeping places, inadequate temperature, overcrowding, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, no or restricted access to toilet, no ventilation, lack of or poor quality of bedding and bed linen   1,000   56927/19 10/10/2019 Vladislav Eduardovich KOMUSHEV 1993     train 23/04/2019 to 07/06/2019 0.3 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of hot food, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light, passive smoking   1,000   56940/19 15/10/2019 Dmitriy Vladimirovich TUGOLUKOV 1987     train, van 26/04/2019 to 08/05/2019 0.26 m²     insufficient number of sleeping places, no or restricted access to potable water, overcrowding, 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   57067/19 22/10/2019 Ruslan Saubanovich ZARIPOV 1981     train van 21/08/2019 to 13/09/2019 0.34 m²     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   The finding of a violation constitutes in itself sufficient just satisfaction.   57217/19 24/10/2019 Mikhail Valeryevich SHMYREV 1962 Mariya Valentinovna Tsygankova Kaluga train 19/05/2019 to 27/05/2019   no or restricted access to toilet, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, passive smoking, overcrowding   1,000   57231/19 01/10/2019 Ruslan Aliyevich ALLAKHVERDIYEV 1978     van 08/07/2019 to 08/07/2019 <0.4 m²     no or restricted access to toilet, overcrowding, no or restricted access to potable water, lack or insufficient quantity of food Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   57307/19 04/12/2019 Vitaliy Kamilovich GAYSIN 1975     van, train, round trip to a prison hospital 19/05/2019 to 14/06/2019   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   57394/19 25/10/2019 Aleksey Sergeyevich SHILOV 1989     train (St   Petersburg - Vologda) 19/06/2019 to 20/06/2019   overcrowding, insufficient number of sleeping places     1,000   57594/19 27/09/2019 Vyacheslav Nikolayevich CHUISHCHEV 1988     train, van 28/04/2019 to 30/04/2019   train, van 03/05/2019 to 04/05/2019   train, van 15/05/2019 to 16/05/2019 <0.5 m²       <0.5 m²       <0.5 m²     insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air   no or restricted access to toilet, no or restricted access to potable water, insufficient number of sleeping places, lack of fresh air   insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack of fresh air     Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   57691/19 21/10/2019 Dmitriy Nikolayevich VERIGIN 1984     van, transit cell, numerous occasions of transport between the detention facility and the courthouse or the premises of the investigative department 12/06/2018 to 02/03/2020   lack or insufficient quantity of food, 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   58004/19 22/10/2019 Ruslan Tayfurovich SAYFULIN 1988     van, train 28/07/2019 to 02/08/2019 0.3 m²     overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, 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
- 26
- Date
- 18 avril 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0418JUD005201919
Données disponibles
- Texte intégral