CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 mars 2023
- ECLI
- ECLI:CEDH:001-224301
- Date
- 30 mars 2023
- Publication
- 30 mars 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .s26F67D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:3pt } Published on 24 April 2023   THIRD SECTION Application no.   51678/15 Sergey Vladimirovich PETERMAN against Russia and 51 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 3 of the Convention relating to inadequate conditions of detention during transport which are the subject of well-established case law of the Court (see Idalov v.   Russia [GC], no.   5826/03, §§ 103-08, 22 May 2012).   APPENDIX – STATEMENT OF FACTS 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     51678/15* 04/10/2015 Sergey Vladimirovich PETERMAN 1971 Aleksey Nikolayevich Laptev Moscow van, transit cell, numerous occasions of transport 12/02/2015 to 13/09/2017 0.3 m²     poor quality of potable water, passive smoking, overcrowding, applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in metal cage during hearings between 12/02/2015 and 13/09/2017,   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings.     10230/18* 26/12/2017 Mikhail Alekseyevich VOLKOV 1982     van 28/02/2020 to 20/04/2020 0.3 m²     applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to toilet, overcrowding, restricted access to food, transport in a single occupancy compartment Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms -placement in a metal cage in Prison no. 2 in Krasnoyarsk during various hearings, by way of videoconference (between 27/04/2020 and 09/12/2020). Placement in a cage at the hearing before the Second Cassation Court on 07/07/2021. Multiple proceedings in various courts (Babushkinskiy District Court of Moscow, Ostankinskiy District Court of Moscow, Krasnoyarsk Regional Court, Moscow City Court, Eighth Cassation Court),   Art. 6 (1) - applicant’s absence from civil proceedings - civil claim for compensation of non-pecuniary damage caused by conditions of detention; 01/03/2017, Zamoskvoretskiy District Court of Moscow; Appeal - 26/09/2017, Moscow City Court, final decision on the matter was taken by the Supreme Court of the Russian Federation on 28/05/2018 (complaint lodged on 01/09/2018).     30247/18* 31/05/2018 Aleksandr Viktorovich BORISOV 1979 Aleksey Nikolayevich Laptev Moscow van, holding cell at the courthouse; numerous occasions of transport between the detention facility and the courthouse 14/08/2017 to 26/09/2018 0.2-0.6 m²     no access to potable water, lack of privacy for using toilet, no or restricted access to toilet, passive smoking, inadequate temperatures, no natural light, overcrowding   Art. 5 (4) - excessive length of judicial review of detention - Extension of detention order of 11/09/2017, appeal filed on 13/09/2017 and examined on 01/12/2017 (the applicant has not received a copy of the decision),   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in the courtroom during the hearings on pretrial detention, trial and appeal proceedings. Basmannyy District Court of Moscow, Moscow City Court 22/06/2017 - 26/09/2018,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.     35084/18* 10/07/2018 Viktor Aleksandrovich VASILCHENKO 1993     van, train 07/03/2018 to 08/03/2018           train 09/02/2019 to 10/02/2019       train, van 27/09/2019 to 28/09/2019     van, train 09/12/2019 to 10/12/2019 0.37-0.43 m²             0.37 m²           0.45 m²     lack of or insufficient electric light, lack of or poor quality of bedding and bed linen, lack of fresh air, insufficient number of sleeping places, lack of privacy for toilet, no or restricted access to potable water   insufficient number of sleeping places, no or restricted access to toilet, 8 persons were held in a train compartment measuring 1. 9 * 1 m   insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water   insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water       44107/18* 25/08/2018 Sergey Alekseyevich KARNAUKHOV 1980     train 03/07/2018 to 04/07/2018           van, train, transit cell 03/10/2019 to 04/10/2019               train 20/08/2020 to 21/08/2020         train 15/03/2021 to 16/03/2021                 0.25-0.8 m²                     0.5 m²             0.42 m²     overcrowding, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet   lack of fresh air, no or restricted access to toilet, inadequate temperature, overcrowding, lack of belts and handles, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack or insufficient quantity of food, no or restricted access to potable water   lack of or poor quality of bedding and bed linen, overcrowding, no or restricted access to potable water, inadequate temperature, lack of fresh air, no or restricted access to toilet   insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - Permanent video surveillance in IK-25 Komi Republic since 15/01/2016-and ongoing on the date when the application has been lodged with the Court.     46146/18* 18/09/2018 Vadim Gennadiyevich KOSORUKOV 1975     train 20/08/2018 to 21/08/2018   insufficient number of sleeping places, no or restricted access to toilet, inadequate temperature, lack of fresh air       46788/18 06/09/2018 Anton Nikolayevich ZHILIN 1978     train, van 27/07/2018 to 29/07/2018       train, van 21/02/2019 to 23/02/2019       van, transit cell, 27/06/2019 to 10/02/2020   train 29/07/2020 to 31/07/2020                         0.4 m²       0.45 m²     overcrowding, lack of or insufficient electric light, lack of fresh air, no or restricted access to toilet, insufficient number of sleeping places, passive smoking   bunk beds, lack of or poor quality of bedding and bed linen, lack of hot food, passive smoking, no or restricted access to toilet, overcrowding   lack of or insufficient natural light, stakan-type cubicles     lack of fresh air, lack of or insufficient quantity of food, no or restricted access to potable water, no or restricted access to toilet, overcrowding, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement into a metal cage in the courtroom,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - 27/06/2019 - 10/02/2020; Justice of the Peace, Shakhterskiy Judicial Circuit, Vorkuta (introduction date - 12/03/2020)     46860/18* 18/09/2018 Yevgeniy Borisovich DOROSEVICH 1980     van, train 03/08/2018 to 31/08/2018             train, van 25/03/2019 to 26/03/2019 0.2-0.4 m²     lack of security belts, lack of ventilation, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient natural light, no or restricted access to potable water   insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to toilet, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.     49982/18* 04/10/2018 Khuler Eduardovich BOPUY-OOL 1993     van, train 26/03/2018 to 20/05/2018   overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   50661/18 09/10/2018 Ivan Anatolyevich MALAKHOV 1962     train, (one round trip) 27/04/2018 to 08/07/2018 0.6 m²     no or restricted access to toilet, lack of or insufficient electric light, both trips lasted cumulatively 19 hours   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage in a courtroom,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during court hearings at the Pushkinskiy District Court of Syktyvkar from 07/04 to 07/06/2021 and held by the Justice of the Peace of the Krasnozatonskiy Judicial Circuit of Syktyvkar on 12/07/2021.   52108/18* 05/11/2018 Danis Miratovich FAYZRAKHMANOV 1988     van, transit cell 30/05/2017 to 30/07/2018     train, van 22/10/2020 to 05/12/2020 0.2-0.7 m²         0.5 m²     lack of fresh air, inadequate temperature, lack of or insufficient electric light, no or restricted access to toilet     no or restricted access to toilet, no or restricted access to potable water, overcrowding, applicant transported on numerous occasions, insufficient number of sleeping places, the transfer (van+ train on 22/10/2020) lasted 22.5 hours, 8 to 11 inmates per train compartment Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   55833/18* 15/11/2018 Mikhail Anatolyevich ROSKOSHIN 1980     van, train 27/05/2018 to 29/05/2018           van, train 11/06/2018 to 13/06/2018           train 24/03/2021 to 25/03/2021 0.4 m²               0.4 m²               0.4 m²     overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, passive smoking, lack of or insufficient electric light   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, lack of fresh air, passive smoking, lack of or insufficient electric light   overcrowding, lack of fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   58662/18* 21/11/2018 Vladimir Nikolayevich SKOROMETS 1956     train, van, two occasions of transport during the period indicated below 01/10/2018 to 31/10/2018 0.6 m²     overcrowding, insufficient number of sleeping places   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport   58907/18* 27/11/2018 Vladislav Alekseyevich REDIN 1994     train 09/08/2018 to 10/08/2018   no or restricted access to toilet, insufficient number of sleeping places, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport   59302/18* 20/11/2018 Artem Aleksandrovich SMIRNOV 1987     train 05/10/2018 to 07/10/2018   insufficient number of sleeping places, lack of fresh air, overcrowding   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ukhta Town Court of Komi Republic, between 11/06/2021 and 02/09/2021, Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings   1912/19* 08/11/2018 Sergey Olegovich DERGACHEV 1979     train, van 19/12/2018 to 28/12/2018 0.4 m²     overcrowding, lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, passive smoking, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, lack or insufficient quantity of food     7343/19* 22/01/2019 Roman Vyacheslavovich SHIROKOV 1993     van, train 26/09/2018 to 01/12/2018   lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to potable water     7871/19* 19/12/2018 Sergey Yuryevich OSOKIN 1979     train 12/10/2018 to 14/10/2018 0.4 m²     insufficient number of sleeping places, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to toilet, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -   8977/19* 23/01/2019 Anton Olegovich PONOMAREV 1989     train, transit cell, van 19/12/2018 to 28/12/2018 0.2 m²     overcrowding, lack of fresh air, no or restricted access to toilet, passive smoking, mouldy or dirty cell     11252/19* 12/03/2019 Andrey Vladimirovich ILLARIONOV 1982     train, van 21/12/2018 to 28/01/2019     train, van 09/09/2020 to 09/11/2020   lack of fresh air, no or restricted access to toilet, overcrowding, poor quality of food, poor quality of potable water   applicant transported on numerous occasions, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to warm water, lack of fresh air, low ceilings in cells, passive smoking, lack of or insufficient natural light, mouldy or dirty cell, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, poor quality of food, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport   12047/19* 29/01/2019 Artem Gabitovich GATAULIN 1977     train 23/01/2019 to 24/01/2019         van 05/02/2019 to 05/02/2019     train 05/02/2019 to 05/02/2019               0.4 m²         0.44 m²     lack of fresh air, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to toilet, overcrowding, no or restricted access to potable water   overcrowding, lack of or insufficient natural light, inadequate temperature, no handrails   overcrowding, no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack or inadequate furniture, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -   12522/19 05/02/2019 Shamil Ali ogly MAMEDOV 1966     train, van 03/12/2018 to 04/12/2018             van, train 23/03/2020 to 24/03/2020             van, train 23/05/2020 to 23/05/2020 0.3 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, no or restricted access to running water, lack of fresh air, no or restricted access to toilet, lack of privacy for toilet,   bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, no or restricted access to toilet, overcrowding, passive smoking   bunk beds, inadequate temperature, insufficient number of sleeping places, lack of fresh air, lack of privacy for toilet, no or restricted access to toilet, passive smoking, overcrowding Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of inadequate conditions of detention after conviction,   Art. 3 - inadequate conditions of detention after conviction - IK-1 Komi Republic, 15/09/2011- ongoing on the date when the application has been lodged with the Court, 1.4 sq. m of personal space, 52 inmates, lack of fresh air, lack of or inadequate hygienic facilities, overcrowding, no or restricted access to toilet, no or restricted access to shower.   12935/19 28/01/2019 Viktor Vladimirovich MISHARIN 1990     train, van 23/11/2018 to 24/11/2018         van, train 03/02/2019 to 29/03/2019 0.3 m²             0.4 m²     overcrowding, no or restricted access to toilet, insufficient number of sleeping places, lack of or insufficient natural light, no or restricted access to running water, lack of fresh air   overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to running water, lack of privacy for toilet, lack of fresh air, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport -   14589/19* 04/03/2019 Anton Valeryevich LEVASHOV 1989     van, (transport to and from work on numerous occasions) 04/10/2018 Pending on the date when the application has been lodged with the Court   overcrowding, inadequate temperature       14993/19* 18/02/2019 Aleksandr Alekseyevich POCHTAREV 1994     train, van 18/09/2018 to 04/10/2018 0.5 m²     overcrowding, inadequate temperature, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of seat belts, no or restricted access to potable water, no or restricted access to toilet         Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms – Ukhta Town Court, Kolpinskiy District Court of St Petersburg (by way of videoconference from the detention facility) from 26/04/2018 - 23/08/2021.   17382/19 16/03/2019 Dmitriy Igorevich RADNEV 1986     van, transit cell, train 17/09/2018 to 24/12/2018 0.3-0.4 m²     overcrowding, restricted access to food, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, lack of or inadequate hygienic facilities, applicant transported on numerous occasions, lack of fresh air, inadequate temperature     25960/19* 30/04/2019 Andrey Igorevich ARTEMYEV 1986     train, van 21/07/2017 to 18/11/2018 0.16 m²     lack of or insufficient electric light, overcrowding, insufficient number of sleeping places, lack of hot food, lack of or poor quality of bedding and bed linen, inadequate temperature, numerous occasions of transport, no or restricted access to toilet, passive smoking     40231/19* 10/07/2019 Aleksandr Grigoryevich SHEVCHUK 1990     train 16/01/2019 to 17/01/2019 0.3 m²     overcrowding, insufficient number of sleeping places       41170/19* 16/07/2019 Aleksandr Vladimirovich GERASIMOV 1971     train, van, transit cell 26/04/2019 to 16/05/2019       van, train 12/07/2019 to 12/07/2019                 van 25/07/2019 to 25/07/2019       van 14/07/2020 to 14/07/2020                                     0.5 m²           0.4 m² lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places, overcrowding, no or restricted access to toilet, lack of or insufficient natural light   lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, no or restricted access to toilet, lack or insufficient quantity of food, no or restricted access to potable water, overcrowding   lack of fresh air, inadequate temperature, no or restricted access to potable water, no or restricted access to toilet   overcrowding, no or restricted access to potable water, no or restricted access to toilet, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport,   Art. 3 - inadequate conditions of detention after conviction - IK-9 Kirov Region, from 13/06/2014 to 12/07/2019, 2 sq. m, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, no or restricted access to shower, overcrowding.   64600/19* 20/03/2020 Ayraz Talgatovich GAYSIN 1978     train (Yekaterinburg - Tavda) 24/09/2019 to 25/09/2019   overcrowding, no or restricted access to toilet, insufficient number of sleeping places, constant electric light, lack or insufficient quantity of food     1232/20 11/06/2020 Anton Vladimirovich STEFANOVICH 1991     van, numerous occasions of transport between the detention facilities and the courthouse 04/09/2019 to 25/12/2019   inadequate temperature, lack of fresh air, lack of or insufficient electric light, no or restricted access to potable water, no or restricted access to toilet   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - placement in a cage in the hearings before the Vorkuta Town Court of the Komi Republic in the proceedings from 04/09/2019 to 25/12/2019,   Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings.   1437/20 24/03/2020 Viktor Viktorovich BOBKIN 1973     van, numerous occasions of transport between the detention facilities and the courthouse 07/09/2017 Pending on the date when the application has been lodged with the Court 0.3 m²     lack of fresh air, no or restricted access to toilet, overcrowding, no or restricted access to potable water   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   2504/20 04/02/2020 Andrey Nikolayevich KOLOMEYTSEV 1982     van, train 03/10/2019 to 04/10/2019   van, train 17/11/2019 to 17/11/2019 0.4 m²       0.4 m²     overcrowding, lack of fresh air       overcrowding, lack of fresh air   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   2964/20* 10/12/2019 Mikhail Viktorovich NOVIKOV 1986     van, train 26/07/2019 to 26/07/2019 0.2 m²     overcrowding, lack of fresh air, passive smoking, no or restricted access to toilet, no or restricted access to potable water Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   3120/20* 18/12/2019 Kirill Yuryevich KOSAREV 1982     train, van 30/07/2019 to 30/07/2019   overcrowding, no or restricted access to toilet, insufficient number of sleeping places     3426/20* 21/12/2019 Ruslan Ilshatovich MUKHAMETSHIN 1997     van 26/11/2016 to 11/10/2019 0.25 m²     applicant transported on numerous occasions, overcrowding, lack of fresh air, passive smoking, inadequate temperature, no or restricted access to toilet, sharing cells with inmates infected with contagious disease, 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 and in respect of placement in a metal cage in the courtroom,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - during the detention and trial hearings held in the courtroom of the Naberezhnye Chelny Town Court from 08/12/2016 to 04/12/2019.   4462/20* 27/12/2019 Maksim Valeryevich PODOBREY 1987     train, transit cell, van, numerous occasions of transport between the detention facility and the courthouse 02/09/2015 to 15/04/2020 0.3 m²     inadequate temperature, overcrowding, lack of fresh air, no or restricted access to toilet, poor quality of food       5757/20* 16/01/2020 Ruslan Aleksandrovich GARIN 1979     van 11/10/2019 to 11/10/2019           van 01/04/2020 to 08/05/2020                     lack of belts and handles, overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, transport for two and a half hours, 8 inmates per compartment, transfer lasted 2 hours 24 minutes   overcrowding, no or restricted access to toilet, lack of fresh air, passive smoking, transfers lasted 1.5 to 2.5 hours Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   5889/20* 12/05/2020 Aleksandr Viktorovich KAPORSKIY 1991     van 07/11/2019 to 16/04/2020 0.3 m²     applicant transported on numerous occasions, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of safety belts and handles, no or restricted access to toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   6105/20* 14/05/2020 Anatoliy Rinatovich TOKHTABAYEV 1979     van, train, numerous occasions of transport between the detention facilities 11/10/2019 to 09/03/2020 0.3 m²     overcrowding, lack of or insufficient natural light, lack of fresh air, inadequate temperature, insufficient number of sleeping places, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to potable water, passive smoking Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   6109/20 08/04/2020 Aleksandr Yevgrafovich KOPOSOV 1973     van, train 05/11/2019 to 17/12/2019 0.4 m²     travelling in a van in a bent position, lack of fresh air, inadequate temperature, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, poor quality of potable water, passive smoking, no or restricted access to toilet, mouldy or dirty cell Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   6283/20* 21/01/2020 Oleg Ivanovich FISUN 1982     stakan type van, numerous occasions of transport to take part in investigative actions or court hearings 29/10/2018 to 27/09/2019 0.12 m²     overcrowding   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - inability to have a single family visit, particularly a long-term visit, during detention in the pre-trial facility.   8580/20* 01/02/2020 Aleksandr Anatolyevich KITBALYAN 1963     van 05/08/2019 to 28/01/2020   lack of fresh air, no or restricted access to toilet   Art. 8 (1) - lack of practical opportunities for or restriction on prison visits - since 21 January 2019 the applicant, who has been transferred to the pre-trial facility IZ-2 Moscow, did not have long-term visits from his wife, as they are not provided for by law, and could not make phone calls to her,   Art. 3 - inadequate conditions of detention - detention in IZ-2 Moscow since 28/06/2019 and ongoing on the date when the application has been lodged with the Court (at least); 2.4 sq. m of personal space as the applicant detained with 4 inmates in cell of 10 sq. m.   9587/20* 03/02/2020 Emir Alikovich SHAMUGIYA 1986     train, van 15/12/2019 to 23/12/2019   applicant transported on numerous occasions, lack of fresh air, lack of or insufficient electric light, overcrowding, no or restricted access to potable water, no or restricted access to toilet, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-25 Komi Republic by female guards from 05/02/2019 to 16/12/2019 and from 23/12/2019 to 07/02/2020,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - the applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complains about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed.   11976/20 07/02/2020 Maksim Sergeyevich RYABOV 1988     van, train 16/08/2019 to 30/12/2019 0.4 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport, in respect of the placement in a metal cage in court hearings and permanent video surveillance in detention facilities,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in court hearings in the Vorkuta Town Court of the Komi Republic on several occasions from 24/10/2019 to 30/12/2019,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention in different cells with video surveillance by opposite-sex operators at IK-31 Komi Republic between 17/11/2020 and 28/12/2021.   26705/20* 05/06/2020 Karamatullo Nazarmamadovich SHASHAYEV 1982     train 18/02/2020 to 20/02/2020   van 29/02/2020 to 29/02/2020         0.25 m²     insufficient number of sleeping places, overcrowding     overcrowding, lack of fresh air   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-5 in the Krasnoyarsk Region between 02/09/2010 and 25/05/2021 by opposite-sex operators, video surveillance in a lavatory and/or shower room.     28927/20 22/06/2020 Nikolay Viktorovich YEMELIN 1984     train 19/03/2020 to 10/04/2020   applicant transported on numerous occasions, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, insufficient number of sleeping places   Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport, in respect of poor conditions of detention, as well as in respect of permanent video surveillance in detention facilities and lack of any effective remedy in respect of the prisoners’ voting rights,   Art. 3 - inadequate conditions of detention after conviction - detention in IK-25 Komi Republic since 15/01/2016 and on-going on the date when the application has been lodged with the Court, 1.5 sq. m of personal space; lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient electric light, inadequate temperature, lack of fresh air, no or restricted access to warm water, lack of privacy for toilet,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-25 Komi republic, since 15/01/2016 and on-going on the date when the application has been lodged with the Court,   Prot. 1 Art. 3 - ineligibility to vote in or stand for elections - The applicant is a convicted prisoner in IK-25 Komi Republic debarred from voting during the elections in the State Duma on 19/09/2021. He complains about his disenfranchisement. His request to FSIN about setting up a polling station in the colony was dismissed.   41554/20 26/08/2020 Nikolay Vasilyevich SAGITOV 1993     van, train 13/03/2020 to 14/03/2020 0.49 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, lack of privacy for toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of permanent video surveillance in detention facilities,   Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - at IK-25 Komi Republic; 14/08/2017 - and on-going on the date when the application has been lodged with the Court; detention in different cells with video surveillance, opposite-sex operators.   45646/20 08/12/2020 Aleksey Vladimirovich KISELEV 1979     train, van 04/08/2020 to 21/11/2020 <0.4 m²     overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to toilet, lack of privacy for toilet Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings;   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Placement in a metal cage in court hearings in the Usinsk Town Court of the Komi Republic from 07/08/2020 to 24/02/2021   16777/21* 14/03/2021 Anna Petrovna KARPUKHINA 1992     van, transit cell 05/02/2019 to 17/09/2020                 applicant transported on numerous occasions, inadequate temperature, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, no or restricted access to toilet, passive smoking, poor quality of food, transfers lasted 6 to 9 hours, the applicant was transported in a single occupancy compartment Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport.   28813/21 06/05/2021 Vasiliy Aleksandrovich YAGODNIKOV 1981     train 26/04/2021 to 27/04/2021         train 03/05/2021 to 04/05/2021 0.5 m²             0.34 m²     overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to potable water, poor quality of food, lack of fresh air, the transfer lasted 8 hours   overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to warm water, lack of fresh air Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport and in respect of placement in a metal cage during court hearings,   Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Ezhvinskiy District Court of Syktyvkar between 30/12/2020 and 02/03/2021; Velikoustyugskiy District Court of Vologda Region between 21/05/2021 and 22/05/2021.   48520/21* 18/10/2021 Aleksandr Ivanovich PANCHENKO 1979     train 23/04/2021 to 24/04/2021                 train 10/10/2021 to 09/02/2022 0.5 m²                     0.4 m²     overcrowding, lack of fresh air, passive smoking, insufficient number of sleeping places, lack of or insufficient quantity of food, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, 12 hours’ transfer from temporary detention ward to a reman prison, 10 inmates per compartment   overcrowding, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, no or restricted access to potable water, 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,   Art. 5 (3) - excessive length of pre-trial detention - the applicant was placed in pre-trial detention on 16/04/2021 - pending, Pechora Town Court of Komi Republic; Supreme Court of Komi Republic, fragility and repetitiveness of the reasoning employed by the courts as the case progressed; failure to examine the possibility, as the case progressed, of applying other measures to secure attendance at the trial.  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 30 mars 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224301
Données disponibles
- Texte intégral
- Résumé officiel