Amnesty International’s submission to the Council of Europe Committee of Ministers on Tomov and Others v. Russia (no.18255/10)

This briefing is submitted in accordance with Rule 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements adopted by the Committee of Ministers on 10 May 2006.

In Tomov and others v. Russia, the European Court of Human Rights (the Court) ruled that the Russian government must address systemic problems in the way prisoner transportation is carried out. The Court gave instructions to the Russian authorities to make available within 18 months of its decision a combination of domestic remedies in respect of complaints about conditions of transport.

In view of the 1369th meeting (March 2020) of the Ministers’ Deputies on the execution of judgments, Amnesty International seeks to assist the Committee of Ministers in making recommendations on the concrete measures to be taken by Russia to comply with the judgment of the European Court of Human Rights in Tomov and others v. Russia.

Amnesty International would like to share with the Committee of Ministers its concerns about the continuing human rights violations during the transportation of prisoners in Russia to and from pre-trial detention to court rooms, and from pre-trial detention to prison colonies. Such practices are in violation of the Russian Federation’s obligations under the European Convention on Human Rights and Fundamental Freedoms (ECHR), the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Convention on the Prevention of Torture and Inhuman and Degrading Treatment and, in particular fail to comply with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) standards on the transport of detainees and with the European Prison Rules. This submission summarizes and updates the annexed briefing by Amnesty International “Prisoner Transportation in Russia: Travelling into the unknown”, published in October 2017.