CASE OF ESKERKHANOV AND OTHERS v. RUSSIA 
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)
Alena Poláčková;Dmitry Dedov;Georgios A. Serghides;Helena Jäderblom;Luis López Guerra;Pere Pastor Vilanova
5. The three applicants were born in 1980, 1981 and 1983 respectively and are in detention in Moscow. 6. The facts of the cases, as submitted by the parties, may be summarised as follows. 7. The applicant was arrested on 8 March 2015 on suspicion of murder. 8. On 8 March 2015 a court ordered his pre-trial detention, which was further extended on several occasions, in particular on 24 August and 25 November 2015. The applicant appealed against the extension orders on 26 August and 26 November 2015 respectively. The appeals were dismissed on 16 December 2015 and on 8 February 2016. 9. The applicant has been detained in remand prison no. 77/6 in Moscow since 17 March 2015, except for twenty-one days in May 2015 when he was detained in remand prison no. 77/1 in Moscow (hereinafter “IZ-77/6” and “IZ-77/1”). In IZ-77/6 the applicant has around 3 square metres (sq.m) of personal space, the cell is extremely hot in the summer and extremely damp in the winter, it lacks natural light and fresh air, while access to potable water and hot water is restricted. The applicant has not been provided with bedding and can have no more than one ten-minute shower a week. Daily physical exercise in the fresh air is limited to one hour. The applicant has not described the conditions of his detention in IZ-77/1. 10. On 25 November 2015 the applicant was transported between IZ77/6 and the Basmanny District Court of Moscow in a prison van. Personal space in the van was limited and there was not enough fresh air; the applicant had no access to a toilet and no food or drinking water was provided. Upon his arrival to the court building and before returning to the remand prison he was detained for about 15 hours in a convoy cell where he disposed of around 0.5 sq. m of personal space and had no access to natural light, fresh air, the toilet or drinking water. 11. The applicants were arrested on 7 March 2015 on suspicion of murder. 12. On 8 March 2015 a court ordered their pre-trial detention, which was further extended on several occasions, in particular on 19 February, 1 March and 12 May 2016. Appeals filed by the applicants were dismissed on 8 April, 21 April and 28 June 2016 respectively. 13. On 12 May 2015 the applicants were transported from remand prison No. 77/2 in Moscow (“IZ-77/2”) to the Moscow City Court and back in a prison van. The conditions of the applicants’ transfer to and from the court building were identical to those described by the applicant in case no. 18496/16.