THIRD SECTION

DECISION

Application no. 53746/18
Aleksandr Pavlovich KISELEV
against Russia

The European Court of Human Rights (Third Section), sitting on 24 April 2025 as a Committee composed of:

 Diana Kovatcheva, President,
 Úna Ní Raifeartaigh,
 Mateja Đurović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 January 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention during transport and the lack of an effective remedy in that respect were communicated to the Russian Government (“the Government”).

THE LAW

The applicant complained under Articles 3 and 13 of the Convention of the conditions of detention during transport from 20 January 2016 to 18 December 2017 and the lack of an effective remedy in that respect.

The Court notes, regard being had to its well-established case-law on the issue (see, among other authorities, Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 143-56, 9 April 2019), that the applicant had no remedy to exhaust. Accordingly, the six months in respect of his complaints started running on the 18 December 2017 (the end-date of the period complained of), and the applicant should have introduced his complaints no later than 18 June 2018. However, he lodged them belatedly on 9 January 2019.

It follows that these complaints were introduced out of time and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 15 May 2025.

 

 Viktoriya Maradudina Diana Kovatcheva
 Acting Deputy Registrar President

 


APPENDIX

Application raising complaints under Article 3 of the Convention

(inadequate conditions of detention during transport)

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

53746/18

09/01/2019

Aleksandr Pavlovich KISELEV

1983

 

transit cell, van, numerous occasions of transport from the detention facility to the courthouse

20/01/2016 to

18/12/2017

0.6 m²

 

 

overcrowding, passive smoking, lack of fresh air, mouldy or dirty cell