CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 12 septembre 2024
- ECLI
- ECLI:CE:ECHR:2024:0912JUD000893620
- Date
- 12 septembre 2024
- Publication
- 12 septembre 2024
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source officielleViolation of Article 3 - Prohibition of torture (Article 3 - Degrading 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 - Degrading treatment;Prohibition of torture);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life);Violation of Article 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8 - Right to respect for private and family life;Article 8-1 - Respect for family life;Respect for private life);Violation of Article 14+8-1 - Prohibition of discrimination (Article 14 - Discrimination) (Article 8-1 - Respect for private life;Article 8 - Right to respect for private and family life)
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RUSSIA (Applications nos. 8936/20 and 50 others – see appended list)             JUDGMENT   STRASBOURG 12 September 2024   This judgment is final but it may be subject to editorial revision. In the case of Sautiyeva and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:   Péter Paczolay , President ,   Gilberto Felici,   Raffaele Sabato , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 11 July 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 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v.   Georgia (dec.), nos.   6232/20 and 22394/20, §§   46-59, 1   March 2022, in which the Court addressed the COVID-related extension of the period in question), 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 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; Tomov and Others , cited above, §§ 92-156, concerning the lack of an effective remedy in respect of the complaint about inadequate conditions of transports of detainees; Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10   January 2012, concerning inadequate conditions of pre-trial detention and the lack of an effective remedy in that respect; 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; 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; Andrey Smirnov v. Russia , no.   43149/10, §§   35-57, 13 February 2018, and Pavlova v. Russia , no.   8578/12, §§   29 ‑ 33, 18 February 2020, as regards restrictions on family visits in detention facilities and the lack of an effective remedy in that respect; and Chaldayev v. Russia , no. 33172/16, §§   69-83, 28 May 2019, concerning discriminatory treatment as regards family visits in pre-trial detention facilities). 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, (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, Pukhachev and Zaretskiy v. Russia, nos.   17494/16 and 29203/16, 16 November 2017), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022; Declares the applications admissible; Holds that these 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) and finds that there is no need to examine separately the remaining complaints about the lack of effective domestic remedies to complain about the use of metal cages and other security arrangements in the courtrooms under Article 13 of the Convention; 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 12 September 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.     Viktoriya Maradudina   Péter Paczolay   Acting Deputy Registrar   President   APPENDIX List of applications raising complaints under Article 3 of the Convention (inadequate conditions of detention during transport) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Means of transport Start and end date Sq. m per inmate Specific grievances Other complaints under well ‑ established case ‑ law Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant (in euros) [1]     8936/20 01/02/2020 Zarifa Mukharbekovna SAUTIYEVA 1978 Tatyana Sergeyevna Glushkova Moscow van 18/10/2019 to 18/10/2019 <0.5 m²     cramped individual compartment, transfers between IVS Nalchik and Stavropol psychiatric hospital Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     9576/20 03/02/2020 Aleksey Yevgenyevich YEREMEYEV 1965     train, van 01/10/2018 to 27/08/2019 0.49 m²     applicant transported on numerous occasions, lack of fresh air, inadequate temperature, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient electric light; single occupancy cell in a van Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     10086/20 11/02/2020 Anatoliy Vladimirovich TERVONIN 1975     van 23/01/2017 to 16/05/2022;   train, transport on numerous occasions between detention facilities to take part in investigative actions or court hearings 03/04/2017 to 22/08/2019 0.5 m²     lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, overcrowding, inadequate temperature insufficient number of sleeping places, 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 and in respect of restrictions on family visits in pre-trial facilities;   Art. 8 (1) - restrictions on family visits in pre-trial facilities - Detention facility: SIZO-1 of Komi Republic; Type of restriction: refusal of long-term family visits. The applicant has been detained in the remand prison since 25/11/2016, pending as of 16/09/2022;   Art. 14 - in conjunction with Art. 8 - discriminatory treatment compared with convicted prisoners as regards duration of short-term family visits and absence of long ‑ term family visits 5,000     25391/20 22/05/2020 Aleksandr Vsevolodovich KIRBAY 1972     train, van 22/11/2019 to 03/12/2019 0.3 m² overcrowding, insufficient number of sleeping places, passive smoking, inadequate temperature   1,000     25442/20 27/05/2020 Maksim Alekseyevich KOSTAREV 1987     van, train 21/10/2019 to 22/10/2019                 van, train 09/12/2019 to 10/12/2019 0.2 m²                     0.57 m²     overcrowding, lack of safety belts, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, poor quality of potable water, no or restricted access to toilet, poor quality of food, lack or insufficient quantity of food   insufficient number of sleeping places, lack of fresh air, lack or insufficient quantity of food, 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     25582/20 15/06/2020 Artem Sergeyevich RUBCHAKOV 1990     van, train 19/03/2020 to 21/03/2020 0.8 m²     lack of or poor quality of bedding and bed linen, 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 and in respect of inadequate conditions of detention;   Art. 3 - inadequate conditions of detention - Poor conditions of detention in the IZ-11/1 Komi Republic; from 17/04/2020, pending as of 16/09/2022; 2.75   sq.   m of personal space; overcrowding, lack of toiletries 12,200     25725/20 16/05/2020 Vladimir Vladimirovich KVASOV 1996 Ivan Vladimirovich Maltsev Bor train 23/10/2019 to 24/10/2019   inadequate temperature, insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, overcrowding, no or restricted access to potable water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000     25755/20 20/05/2020 Viktor Mikhaylovich DONSKIKH 1987     train, van 27/11/2019 to 24/12/2019 0.3-0.4 m²     overcrowding, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet, 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;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-5 Krasnoyarsk Region, from 04/03/2021 to 16/06/2021, opposite-sex operators, video surveillance in a lavatory and/or shower room 1,000     25793/20 13/04/2020 Roman Aleksandrovich AKSENOV 1975     train, van 03/10/2019 to 13/01/2020   overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-6 Krasnoyarsk Region; 14/12/2019 – pending as of 16/09/2022 1,000   25971/20 03/06/2020 Ruslan Aleksandrovich PAVLOV 1981     train, van 03/03/2020 to 28/03/2020   applicant transported on numerous occasions, 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, lack of or insufficient natural light, poor quality of food, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26074/20 20/05/2020 Sergey Gennadyevich MERKULOV 1995     van 16/06/2018 to 18/03/2020 0.5 m²     lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, applicant transported on numerous occasions, inadequate temperature Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26097/20 22/06/2020 Aleksandr Yuryevich SVETLICHNYY 1981     train, van 11/01/2020 to 22/03/2020   no seat belts or handles, lack of fresh air, overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature, no or restricted access to toilet, no or restricted access to potable water, lack of privacy for toilet, passive smoking, insufficient number of sleeping places, applicant transported on numerous occasions Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26361/20 06/04/2020 Dmitriy Yevgenyevich SULIMOV 1998     train 05/03/2020 to 05/03/2020 0.3 m²     overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack or insufficient quantity of food, poor quality of potable water, no or restricted access to potable water, 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 1,000   26410/20 02/06/2020 Vladimir Vladimirovich SHISHKIN 1969     van 19/10/2019 to 17/04/2020 0.3 m²     applicant transported on numerous occasions, overcrowding, inadequate temperature   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26693/20 09/04/2020 Aleksey Aleksandrovich CHURKIN 1989     van, train 25/01/2020 to 26/01/2020   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   26787/20 03/04/2020 Albert Igorevich SOROKA 1995     train, van 08/10/2019 to 11/10/2019 0.1-0.3m²     insufficient number of sitting places, lack of safety belts and handles, lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, lack of privacy for toilet, no or restricted access to potable water, 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   26921/20 05/11/2019 Andrey Aleksandrovich KLEMESHEV 1991     van, train, transit cell 22/11/2018 to 14/05/2019 0.3 m²     no or restricted access to potable water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, passive smoking, lack or insufficient quantity of food, inadequate temperature, lack of fresh air, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   26946/20 14/04/2020 Grigoriy Andreyevich ZAKIROV 1986 Alena Viktorovna Zakirova Zavodoukovsk van, train 25/10/2019 to 11/11/2019   insufficient number of sleeping places, overcrowding, no or restricted access to toilet, constant electric light   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 - IK-37 Perm Region 20/10/2016 to 30/07/2018, 1.5 to 2.5 sq. m. personal space, overcrowding, poor quality of potable water, poor quality of food, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents. On 19/10/2020 the Russian Supreme Court, in the final instance, partly accepted the applicant’s tort claim, having acknowledged that his conditions of detention in the colony were poor and awarded him RUB   5,000. 6,500   26976/20 26/03/2020 Dinar Maratovich ISLAMOV 1986     van, numerous occasions of transport between the detention facility and the courthouse since 05/11/2016 and ongoing on the date when the application was lodged with the Court   0.25 m²     inadequate temperature, lack of fresh air, 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;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance, opposite-sex operators in IVS in Naberezhnyye Chelny between 05/07/2021 to 17/11/2021 1,000   27035/20 01/06/2020 Aleksey Vladimirovich TARABUKIN 1993     train 12/02/2020 13/02/2020           van, train 18/12/2020 to 09/03/2021 0.2 m²     overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, poor quality of food, insufficient number of sleeping places   overcrowding, no or restricted access to toilet, inadequate temperature, lack of privacy for toilet, no or restricted access to potable water, applicant transported on numerous occasions, lack or insufficient quantity of food, lack of fresh air, 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   27087/20 20/03/2020 Gennadiy Vladislavovich BAGRETSOV 1987     van 18/03/2020 to 18/03/2020   inadequate temperature, sharing cells with inmates infected with contagious disease, 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 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 - permanent video surveillance in IK-1, Komi Republic, from 07/02/2010, pending as of 16/09/2022     1,000   27095/20 10/05/2020 Aleksandr Nikolayevich BELOZEROV 1999     train 09/10/2019 to 13/03/2020   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, inadequate temperature, lack of fresh air, passive smoking, no or restricted access to potable water, 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   27333/20 09/06/2020 Eduard Ilyasovich ZAKIYEV 1988     van, numerous occasions of transport between the detention facility and the courthouse since 23/11/2019 and ongoing when the application was lodged with the Court 0.33 m²     applicant transported on numerous occasions, lack of fresh air, inadequate temperature, 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   27704/20 15/06/2020 Aleksey Yuryevich SAPRYKIN 1985     transit cell, van, 12/09/2016 to 13/04/2020   applicant transported on numerous occasions, overcrowding, lack of fresh air, insufficient number of sitting places, no or restricted access to potable water, no or restricted access to toilet, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light   1,000   28117/20 31/03/2020 Ilya Vasilyevich LEBEDEV 1989     train, transit cell, van 21/06/2019 to 27/10/2019   overcrowding, restricted access to food, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, constant electric 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   28164/20 13/05/2020 Viktor Vladimirovich SAVKO 1990     van 31/10/2018 to 11/12/2019   applicant transported on numerous occasions, overcrowding, lack of seat belts and handles, no or restricted access to toilet, no or restricted access to potable water, insufficient number of sitting places   1,000   28172/20 29/04/2020 Mutay Magomedovich ABDULVAGABOV 1980 Sergey Viktorovich Dorozhkin St Petersburg van, numerous occasions of transport between the detention facility and the courthouses 30/05/2018 to 21/01/2020   overcrowding, no or restricted access to potable water, lack or insufficient quantity of food, lack of fresh air, passive smoking, 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   28198/20 11/06/2020 Vladislav Anatolyevich VERAMEY 1977     van 29/11/2019 to 16/12/2019   lack of fresh air, overcrowding, lack of or insufficient natural light, no or restricted access to potable water, lack or insufficient quantity of food, no or restricted access to toilet, lack of seat belts and handles Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   28202/20 25/03/2020 Ivan Anatolyevich UTKIN 1982     train, van 22/10/2019 to 23/10/2019   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   29619/20 29/06/2020 Marat Faridovich YAKUPOV 1978     van, numerous occasions of transport between the detention facility and the courthouse since 14/11/2016, pending as of 16/09/2022   0.4 m²     lack of fresh air, overcrowding, no or restricted access to toilet   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - numerous occasions of placement in a metal cage before the Sovetskiy District Court of Kazan from 14/11/2016; pending as of 16/09/2022;   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 8,500   29999/20 22/06/2020 Yavar Yusifovich MAGAMEDALIYEV 1986     van 16/01/2020 to 30/01/2020 0.2 m²     lack of fresh air, 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   30012/20 03/07/2020 Andrey Vladimirovich ALENKIN 1987     train, van 02/04/2020 to 27/04/2020 0.4 m²     lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, inadequate temperature, 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   30843/20 16/06/2020 Andrey Anatolyevich YEZHOV 1970     van, numerous occasions of transport between the detention facilities and the courthouses 25/10/2016 to 03/03/2020 1 m²     applicant transported on numerous occasions, lack of fresh air, inadequate temperature, no or restricted access to toilet, 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   30851/20 07/07/2020 Aleksandr Georgiyevich KURGUZKIN 1976 Stanislav Rafaelyevich Bareyev Astrakhan van, numerous occasions of transport between the detention facilities and the courthouses 14/12/2019 to 09/01/2020     cramped individual compartment   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   30858/20 23/05/2020 Mirkhaydar Iskandarovich RAKHIMOV 1991     van, numerous occasions of transport between the detention facilities and the courthouses 31/10/2018 to 08/11/2019 0.25 m²     overcrowding, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, applicant transported on numerous occasions   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   31551/20 29/06/2020 Aleksandr Sergeyevich KHABIBULLIN 1985     train 19/03/2020 to 21/03/2020 train 16/05/2020 to 18/05/2020 0.6 m²     insufficient number of sleeping places, overcrowding, no or restricted access to toilet, no or restricted access to potable water, 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   32132/20 19/06/2020 Anatoliy Aleksandrovich BURENKOV 1985     train 24/01/2020 to 29/01/2020 0.3 m²     overcrowding, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light     1,000   32307/20 03/07/2020 Dmitriy Yuryevich BONDARENKO 1991     van, train 21/11/2019 to 22/11/2019 0.4-1 m²     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, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, overnight journey in train   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 on multiple occasions during the trial hearings held in the courtroom of the Inta Town Court of the Komi Republic from 23/09/2019 to 09/01/2020 8,500   32316/20 09/10/2020 Artem Yevgenyevich TSVETKOV 1984     transit cell, van 15/01/2020 to 31/07/2020 0.25 m²     applicant transported on numerous occasions, lack of or insufficient electric light, overcrowding, lack or insufficient quantity of food, inadequate temperature Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   32818/20 03/07/2020 Yuriy Nikolayevich KRIVOLAPOV 1990 Igor Alekseyevich Karpov St Petersburg transit cell, van 20/03/2019 to 04/12/2019 0.4 m²     lack of fresh air, no or restricted access to potable water, lack of privacy for toilet, 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   33256/20 13/10/2020 Kseniya Konstantinovna KOSTRIKOVA 1998     van 06/08/2020 to 08/02/2021 0.325 m²     lack of fresh air, lack of privacy for toilet, overcrowding, inadequate temperature Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - Refusals of short-term family (mother, brother) visits and phone calls during the applicant’s detention in the remand prison;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a metal cage during the trial at the Kalininskiy District Court of Chelyabinsk, from 21/08/2019 to 02/11/2020 9,750   34447/20 30/06/2020 Maksim Vladimirovich ANTONOV 1986     train 03/04/2020 to 04/04/2020       train 17/04/2020 to 18/04/2020     train 20/04/2020 to 22/04/2020     train 16/05/2020 to 18/05/2020   train 25/05/2020 to 26/05/2020       train 06/06/2020 to 07/06/2020 0.2 m²           0.2 m²     insufficient number of sleeping places, lack of fresh air, no or restricted access to potable water, no or restricted access to toilet, overcrowding, passive smoking   insufficient number of sleeping places, no or restricted access to potable water, overcrowding, lack of or insufficient natural light   insufficient number of sleeping places, no or restricted access to toilet, overcrowding, passive smoking, no or restricted access to potable water   insufficient number of sleeping places, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, overcrowding   lack of fresh air, insufficient number of sleeping places, no or restricted access to toilet, overcrowding, no or restricted access to potable water   insufficient number of sleeping places, lack of fresh air, 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   34574/20 22/06/2020 Aleksandr Aleksandrovich PETROV 1980           transit cell, van 25/09/2018 to 27/02/2020 0.35 m²     overcrowding, lack of fresh air, inadequate temperature   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   35321/20 13/11/2020 Aleksandr Vladimirovich TERVONIN 1982     train 04/03/2020 to 05/08/2020 0.3 m²     insufficient number of sleeping places, lack of fresh air, lack or insufficient quantity of food, 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 1,000   36159/20 20/07/2020 Anton Alekseyevich ANISIMOV 1997     train 28/03/2020 to 29/03/2020   insufficient number of sleeping places, no or restricted access to toilet, passive smoking, 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   37014/20 06/08/2020 Roman Sergeyevich VALKOV 1986 Artem Gennadyevich Savchenko Moscow van, train (multiple occasions) 05/01/2020 to 10/03/2020   overcrowding, lack of fresh air, 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   37074/20 04/08/2020 Daniyel Valeryevich BANAR 1983 Mariya Yuryevna Orlova Solnechnogorsk van, transit cell, numerous occasions of transport between the detention facilities and the courthouse 15/10/2014 to 06/02/2020   overcrowding, no or restricted access to toilet     1,000   38628/20 06/08/2020 Dmitriy Sergeyevich VINOGRADOV 1992     train, van 04/04/2020 to 21/09/2020 0.4-0.5m²     applicant transported on numerous occasions, inadequate temperature, overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport 1,000   38684/20 11/08/2020 Anton Yevgenyevich MIRONOV 1996     train 27/03/2020 to 04/08/2020 0.4 m²     overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of fresh air, passive smoking, lack of or insufficient electric light, lack of or insufficient natural light, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention of the applicant in a metal cage during court hearings before the Inta Town Court of the Komi Republic from 19/03/2020 to 08/10/2021; and on 03/12/2021 8,500   38776/20 07/08/2020 Andrey Veniaminovich NOVIKOV 1980     train, van 29/06/2020 to 29/06/2020     insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, 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;   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - Permanent surveillance in IK-29 Komi Republic between October 2019 - 29/06/2020; IK ‑ 31 Komi Republic from 29/06/2020, pending as of 16/09/2022; opposite-sex operators, video surveillance in a lavatory and/or shower room, detention in different cells with video surveillance 1,000   38851/20 16/08/2020 Igor Nikolayevich SHVETS 1965 Arkadiy Viktorovich Zavalko Moscow van 13/04/2018 to 25/02/2022   applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of privacy for 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     [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
- 25
- Date
- 12 septembre 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0912JUD000893620
Données disponibles
- Texte intégral