Постановление Европейского суда по правам человека от 07.10.2010 «Дело Скачков (Skachkov) против России» [англ.]

tention

29. From 16 June to 14 November 2005 the applicant served his sentence in correctional colony IK-7. Then he was transferred to correctional colony IK-3 where he was detained from 14 November 2005 to 23 April 2007. On 23 April 2007 he was transferred to correctional colony IK-4.
30. On 18 April 2008 the Tosno Town Court of the Leningrad Region authorised the applicant's release on parole.
31. According to the certificates issued by the administration of the correctional colonies where the applicant had served his sentence, during the time of his confinement there he did not seek medical assistance with regard to the alleged deterioration of eyesight or hearing or dental problems.

II. Relevant domestic law

32. Section 22 of the Detention of Suspects Act (Federal Law No. 103-FZ of 15 July 1995) provides that detainees should be given free food sufficient to maintain them in good health according to standards established by the Government of the Russian Federation. Section 23 provides that detainees should be kept in conditions which satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell.

III. Relevant international documents

33. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the Russian Federation from 2 to 17 December 2001. The section of its Report to the Russian Government (CPT/Inf (2003) 30) dealing with the conditions of detention in remand establishments and the complaints procedure read as follows:
"45. It should be stressed at the outset that the CPT was pleased to note the progress being made on an issue of great concern for the Russian penitentiary system: overcrowding.
When the CPT first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system. At the beginning of the 2001 visit, the delegation was informed that the remand prison population had decreased by 30,000 since 1 January 2000. An example of that trend was SIZO No 1 in Vladivostok, which had registered a 30% decrease in the remand prison population over a period of three years.
...
The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding, including instructions issued by the Prosecutor General's Office, aimed at a more selective use of the preventive measure of remand in custody. Nevertheless, the information gathered by the Committee's delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2)."

THE LAW

I. Alleged violation of Articles 3 and 13 of the Convention
on account of the conditions of the applicant's detention

34. The applicant complained that he had been detained in appalling conditions in remand prison No. 77/2 in Moscow in contravention of Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
He also claimed that he did not have at his disposal an effective remedy in respect of the conditions of his pre-trial detention as required under Article 13 of the Convention, which provides as follows:
"Everyone whose rights and fr

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