CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 18 avril 2024
- ECLI
- ECLI:CE:ECHR:2024:0418JUD005803219
- Date
- 18 avril 2024
- Publication
- 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 - Degrading treatment;Prohibition of torture);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);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;Inhuman treatment) (Substantive aspect);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. 58032/19 and 47 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 Suntsov 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 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 (see Tomov and Others , cited above, §§ 92-156, concerning the lack of an effective remedy in that respect of the complaint about inadequate conditions of transport; Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, ECHR 2014 (extracts) and Mariya Alekhina and Others v. Russia , no. 38004/12, 17 July 2018, as regards placement of detainees in a metal cage or a glass cabin during court hearings; Reshetnyak v. Russia , no. 56027/10, 8 January 2013, concerning the authorities’ failure to ensure adequate medical assistance to seriously ill prisoners, Sergey Babushkin v. Russia , no. 5993/08, 28 November 201, in relation to poor conditions of post-conviction detention and absence of an effective remedy in that regards, 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 complaint lodged by Mr Kislov (application no.   20864/18) under Article   14 in conjunction with Article   3 of the Convention. remaining complaints 14.     Lastly, having examined the complaint under Article   3 of the Convention lodged by Mr Stepanov (application no.   60334/19) in respect of the conditions of his post-conviction detention, the Court is of the view that there is no longer any justification for examining these complaints for the reasons set out below. 15.     The Court notes that, as matters stand, the material facts complained of by the applicant have ceased to exist. He is no longer detained in the conditions complained of. It further notes that it was open to the applicant to make resort to a new compensatory remedy, introduced by the Russian Federation on 27   January 2020, in respect of his 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), and having regard to the fact that, after the release from the correctional colony, the applicant did not inform the Court of any further developments in his case, 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 those complaints under Article   37   §   1 in fine . 17.     Accordingly, this part of the application should be struck out of the list. APPLICATION OF ARTICLE   41 OF THE CONVENTION 18.     Regard being had to the documents in its possession and to its case ‑ law, the Court finds it reasonable to award to the applicants the sums indicated in the appended table (compare Pukhachev and Zaretskiy v. Russia, nos.   17494/16 and 29203/16, 16 November 2017). 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; Decides to strike the part of application no.   60334/19 out of its list of cases, as regards the complaint about poor conditions of detention; Declares the applications, including the remaining part of application no.   60334/19 as indicated in the appended table, 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; 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 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 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]     58032/19 23/09/2019 Sergey Vladimirovich SUNTSOV 1987 train 23/06/2019 to 26/06/2019     train 15/07/2019 to 17/07/2019 0.3 m²         0.3 m²     lack of or inadequate hygienic facilities, insufficient number of sleeping places, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water   lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water   1,000     58059/19 23/09/2019 Aleksandr Pavlovich UTTE 1989 train 08/06/2019 to 09/06/2019   lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, insufficient number of sleeping places   1,000     58065/19 10/10/2019 Kirill Aleksandrovich DEMIN 1982 train 25/04/2019 to 26/04/2019   insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, 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     58253/19 24/10/2019 Petr Aleksandrovich TITAYEV 1950 train 27/07/2019 to 29/07/2019   insufficient number of sleeping places, no or restricted access to toilet, 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     58266/19 14/11/2019 Vladimir Sergeyevich NIZAMEYEV 1992 van, train 26/08/2019 to 05/10/2019 0.3 m²     overcrowding, 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     58652/19 20/01/2020 Artem Gennadyevich KOZYREV 1997 van (SIZO-1 Krasnoyarsk - Sovetskiy District Court of Krasnoyarsk) multiple roundtrips 01/10/2016 to 19/11/2019   overcrowding, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature, lack of fresh air, insufficient number of seats in a van Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     58706/19 28/01/2020 Danil Vladimirovich NOVOSELTSEV 1982 van, train 02/08/2019 to 06/09/2019 0.2 m²     lack of fresh air, insufficient number of sleeping places, inadequate temperature, infestation of cell with insects/rodents, poor quality of potable water, overcrowding, 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     58770/19 19/12/2019 Aleksandr Anatolyevich YEGOROV 1971 train, van 27/07/2019 to 15/09/2019   overcrowding, no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, applicant transported on numerous occasions   1,000     59036/19 23/10/2019 Anatoliy Anatolyevich SHEVCHENKO 1966 train 25/04/2019 to 26/04/2019 0.3 m²     overcrowding, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, 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   59092/19 05/01/2020 Sergey Vladimirovich ORLOV 1991 train 15/09/2019 to 17/09/2019   overcrowding, passive smoking, no or restricted access to toilet, insufficient number of sleeping places     1,000   59099/19 05/01/2020 Dmitriy Gennadyevich TANGOV 1982 train 15/09/2019 to 17/09/2019   overcrowding, passive smoking, no or restricted access to toilet, insufficient number of sleeping places     1,000   59148/19 30/10/2019 Valeriy Pavlovich TROYEGLAZOV 1968 train, round trip from the colony to the prison hospital and then back 15/08/2019 to 19/09/2019 0.4 m²     overcrowding, 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   59182/19 30/10/2019 Sergey Nikolayevich SMETANIN 1991 train 27/09/2019 to 27/09/2019   train 19/10/2019 to 19/10/2019   inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding     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   59516/19 05/11/2019 Eduard Viktorovich BAKHONSKIY 1984 train, (two trips) 01/11/2019 to 17/11/2019   train 31/03/2021 to 31/03/2021         0.5 m²     insufficient number of sleeping places, overcrowding, no or restricted access to toilet     lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to potable water, 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 and in respect of inadequate conditions of detention;   Art. 3 - inadequate conditions of detention after conviction - conditions of detention in the IK-31 Komi Republic from 06/08/2021 – and pending as of 16/09/2022, 2   sq. m of personal space, inadequate ventilation, inadequate furniture in the cell, no free access to the window and to the radio, no or restricted access to warm water. 6,000   59582/19 10/10/2019 Aleksey Anatolyevich KULESHOV 1980 van, numerous occasions of transport since 05/02/2014 to 10/12/2019 0.2-0.3 m²     overcrowding, low ceiling, lack of safety belts, 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 - use of metal cages and/or other security arrangements in courtrooms - confinement in a metal cage during the hearings at Oktyabrskiy District Court of St   Petersburg and via videoconference before the Moskovskiy District Court of St Petersburg, St Petersburg City Court, etc., during the criminal proceedings against the applicant, and at least until the date when he lodged his application with the Court. 8,500   59585/19 30/10/2019 Sergey Aleksandrovich SAZHIN 1981 train 15/09/2019 to 16/09/2019 0,3 m²     overcrowding, insufficient number of sleeping places, 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;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - permanent video surveillance in SHIZO at IK-25 Komi Republic by female operators from 30/06/2021 to 02/07/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room 1,000   59760/19 22/10/2019 Nikolay Vladimirovich TARABUKIN 1980 train 15/06/2019 to 16/06/2019   lack of fresh air, lack of or inadequate hygienic facilities, insufficient number of sleeping places, 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   59919/19 25/10/2019 Dmitriy Sergeyevich MASLENNIKOV 1977 van, train, round trip from IK-29 Kirov Region to prison hospital LIU-12 Kirov Region 09/08/2019 to 29/09/2019   overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking     1,000   59937/19 29/10/2019 Sergey Aleksandrovich BARDINOV 1977 van, numerous occasions of transport from the detention facility to take part in court hearings or investigative actions 27/12/2017 to 30/08/2020   train 11/04/2020 to 17/06/2020   train 01/10/2020 to 15/02/2021 0.1 m²                       0.3 m²     lack of or insufficient electric light, lack of or insufficient natural light, no ventilation, lack of safety belts, no or restricted access to toilet           passive smoking, overcrowding, no or restricted access to toilet, lack of fresh air     lack of fresh air, lack of personal space, lack of or insufficient electric light, inadequate temperature, overcrowding, passive smoking, no or restricted access to warm water, no or restricted access to toilet, lack of privacy for 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   59986/19 24/10/2019 Aleksandr Sergeyevich KOMAROV 1987 train, van 28/07/2019 to 29/07/2019   lack of fresh air, lack of or inadequate hygienic facilities, 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   60027/19 18/02/2020 Denis Sergeyevich KYZYUROV 1983 van, train 27/09/2019 to 13/10/2019   train, van 04/03/2021 to 25/03/2021 0.4 m²       0.33-0.64   m²     insufficient number of sleeping places, no or restricted access to toilet, lack or insufficient quantity of food     applicant transported on numerous occasions, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to potable water, no or restricted access to toilet, overcrowding, 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;   Art. 3 - inadequate medical treatment in detention - Heart condition, hepatitis, stomach ulcer - lack of/delay in consultation by a specialist, lack of/delay in medical examination, lack of/delay in medical testing, lacking/delayed drug therapy from 01/06/2012 and ongoing on the date when the application was lodged with the Court; On 23/12/2021 the Syktyvkar Town Court of the Komi Republic awarded the applicant compensation (RUB 45,000) and ordered the penitentiary establishment to conduct the necessary medical examination (stomach biopsy, blood tests, etc.). Dissatisfied with the awarded amount, he appealed (last – cassation appeal before the Supreme Court of Russia on 18/11/2022) 15,000   60281/19 18/12/2019 Vatslav Vladimirovich ZUBEYKO 1970 train, van 02/09/2019 to 20/09/2019   overcrowding, lack of fresh air, lack or insufficient quantity of food, inadequate temperature, no or restricted access to toilet, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to warm water, insufficient number of sleeping places   1,000   60320/19 21/10/2019 Artem Alekseyevich POPOVTSEV 1984 van, train 30/04/2019 to 12/08/2019 0.4 m²     lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, no ventilation, no safety belts, no or restricted access to toilet, overcrowding, insufficient number of sleeping places, passive smoking, poor quality of food   1,000   60334/19 28/10/2019 Maksim Valeryevich STEPANOV 1981 train, van 02/09/2019 to 20/09/2019 0.8 m²     overcrowding, lack or insufficient quantity of food, no or restricted access to warm water, no ventilation, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, lack of toiletries, poor quality of food Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   60373/19 13/11/2019 Nikolay Vasilyevich SOBOLEVSKIY 1949 train, van 30/08/2019 to 01/10/2019 0.5 m²     overcrowding, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack or insufficient quantity of food, lack of or insufficient natural light, lack of or insufficient electric light Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   60715/19 11/11/2019 Nikolay Vasilyevich FILIPPOV 1991 van, train 25/08/2019 to 25/08/2019 0.3-0.5 m²     lack of fresh air, overcrowding, lack or insufficient quantity of food, no or restricted access to potable water, insufficient number of sleeping places, lack of ventilation, 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 and in respect of inadequate conditions of detention after conviction;   Art. 3 - inadequate conditions of detention after conviction - IK-25 Komi Republic from 01/05/2016 to 15/07/2020, overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of ventilation, infestation of cell with insects/rodents, lack of fresh air. 8,300   60842/19 26/12/2019 Saken Nazarbekuly BAYDAULETOV 1979 van, transit cell, numerous occasions of transport between the detention facility and the courthouse 26/03/2018 to 05/08/2019   insufficient number of sitting places, overcrowding, lack of fresh air, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, 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 - detention in a metal cage in a large number of hearings before the Primorskiy District Court of St   Petersburg from 26/03/2018 to 05/08/2019.   8,500   60949/19 22/01/2020 Ilya Vasilyevich ZLOBIN 1995 van – multiple transfers pending criminal proceedings between detention facilities and a courthouse 16/08/2016 to 10/01/2020 0.3 m²     insufficient number of seats, overcrowding, no or restricted access to toilet, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature   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 - Leninskiy District Court of Krasnoyarsk from 11/09/2018 to 10/01/2020, Krasnoyarsk Regional Court on 12/11/2020 - the applicant was detained in a metal cage/overcrowded glass cabin       8,500   60951/19 09/12/2019 Yevgeniy Vladimirovich BALANDIN 1985 van, numerous occasions of transport between the detention facilities and the courthouse or to take part in investigative actions, convoy cells in the Sovetskiy District Court of Krasnoyarsk 28/02/2019 to 31/01/2020 0.2 / 1 m²     inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, 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 - Confinement in an overcrowded glass cabin in the Sovetskiy District Court of Krasnoyarsk from 28/02/2019 to 31/01/2020 8,500   60990/19 08/11/2019 Vladimir Leonidovich KOROSTELEV 1950 van, numerous occasions of transport between the detention facilities and the courthouse 02/03/2012 to 27/05/2019 0.3 m²     lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding, 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   61138/19 07/11/2019 Yevgeniy Olegovich ZHILEYKIN 1978 van, numerous occasions of transport between the detention facility and the courthouse and detention in convoy cells 25/05/2016 to 24/06/2019 0.3 m²     overcrowding   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage in the Krasnogvardeyskiy District Court of St   Petersburg from 25/05/2016 to 24/06/2019. 8,500   61180/19 12/11/2019 Viktor Ivanovich SEREDKIN 1988 train 06/07/2019 to 29/07/2019 0.1 m²     overcrowding, passive smoking, lack of fresh air   1,000   61270/19 12/11/2019 Petr Alekseyevich GRUZINOV 1986 train 26/08/2019 to 23/09/2019   no or restricted access to toilet, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, insufficient number of sleeping places   1,000   61305/19 05/11/2019 Petr Alekseyevich NAFIKOV 1989 train 17/09/2019 to 17/09/2019     train 26/09/2019 to 26/09/2019 0.2 ‑ 0.7   m²         0.2-0.6 m² lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen   see above   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   62267/19 23/03/2020 Stanislav Olegovich PETROV 1989 van, numerous occasions of transport between the detention facility and the courthouse 18/06/2019 to 21/01/2020 0.4 m²     lack of fresh air, passive smoking, overcrowding, poor quality of food, lack of safety belts and handles, inadequate temperature, no or restricted access to potable water, 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 1,000   62489/19 19/11/2019 Vladimir Aleksandrovich SAMOKHIN 1981 train 13/09/2019 to 28/09/2019   overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient electric light, passive smoking, 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   62668/19 07/02/2020 Sergey Aleksandrovich GMYL 1989 van 27/08/2019 to 27/08/2019 0.2 m²     overcrowding, lack of safety belts, lack of fresh air, inadequate temperature, no or restricted access to potable water, lack of or insufficient natural light   1,000   62687/19 11/11/2019 Ruslan Anatolyevich POTAPOV 1966 van, train 13/07/2019 to 14/07/2019   insufficient number of sleeping places, overcrowding, lack of fresh air, 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   62732/19 17/11/2019 Roman Vitalyevich SIMAKOV 1989 train, several trips between the detention facilities 21/05/2019 to 13/10/2019   insufficient number of sleeping places, lack of fresh air, overcrowding, 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   62735/19 18/11/2019 Rustam Yusupovich ANTASHKIYEV 1983 train 31/03/2019 to 08/08/2019   no or restricted access to toilet, no or restricted access to potable water, 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   62873/19 18/11/2019 Maksim Andreyevich ANDRIANOV 1981 van, transit cell, convoy cells, numerous occasions of transport between the detention facility and the courthouses or to take part in investigative actions 15/10/2018 to 17/10/2019   overcrowding, lack of fresh air, mouldy or dirty cell, no or restricted access to toilet, lack of ventilation, inadequate temperature, lack of or insufficient natural light, passive smoking     1,000   62931/19 10/06/2020 Yuriy Aleksandrovich ANFIMOV 1971                 van 29/07/2021 to 29/07/2021 0,3 m²       no or restricted access to toilet, the applicant was transported alone in a compartment measuring 0.55 by 0.55 m     1,000   63162/19 30/01/2020 Maksim Vyacheslavovich LITOVCHENKO 1975 train 11/10/2019 to 04/11/2019   insufficient number of sleeping places   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 of detainees,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - constant video surveillance in IK-8 Komi Republic from 17/04/2014 to 11/05/2021, opposite-sex operators 1,000   63308/19 18/11/2019 Eres Saryg-Oolovich BADYNAM 1980 van, numerous occasions of transport between the detention facility and the courthouse 02/07/2019 to 26/08/2019 0.3 m²     overcrowding, lack of fresh air, 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   63362/19 19/02/2020 Mikhail Vasilyevich ERLIKH 1975 train 17/09/2019 to 18/09/2019 0.4 m²     overcrowding, no or restricted access to toilet, lack or insufficient quantity of food, insufficient number of sleeping places, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light   1,000   63493/19 29/01/2020 Aleksey Gennadyevich TETERIN 1973   train 25/08/2019 to 26/08/2019   no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient natural light, insufficient number of sleeping places   1,000   63566/19 21/11/2019 Valeriy Mikhaylovich OBREZKOV 1956 train, several occasions of transport between the detention facilities/the prison hospital 20/04/2019 to 30/07/2019 0.2-0.4 m²     overcrowding, insufficient number of sleeping places, lack or insufficient quantity of food, lack of or insufficient electric light, lack of fresh air, passive smoking, no or restricted access to toilet, inadequate temperature   1,000   63782/19 21/11/2019 Anatoliy Aleksandrovich FILIPPOV 1996 train, several occasions of transport within the indicated period 21/05/2019 to 13/10/2019   overcrowding, passive smoking, insufficient number of sleeping places, applicant transported on numerous occasions, 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     [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:2024:0418JUD005803219
Données disponibles
- Texte intégral