Постановление Европейского суда по правам человека от 16.09.2010 «Дело Данилин (Danilin) против России» [англ.]

cquitted on this charge and the overall sentence was reduced to five years.

B. The applicant's conditions of detention prior
to the criminal proceedings

13. The applicant was taken into custody by the authorities on 6 April 2000 and remained in pre-trial detention until 19 July 2002.
14. From 6 April 2000 to 26 July 2001 and from 22 November 2001 to 9 June 2002 the applicant was held in pre-trial detention centre IZ-77/5 in the city of Moscow ("SIZO No. 5").
15. From 26 July to 22 November 2001 and from 9 June to 19 July 2002 the applicant was detained in pre-trial detention centre IZ-77/3 in the city of Moscow ("SIZO No. 3")

1. The applicant's account

16. The applicant submitted that throughout his detention the cells in SIZO No. 5 and SIZO No. 3 had been heavily overcrowded and that the prisoners had had to take turns to sleep.
17. In both prisons the cells were dirty and lacked ventilation. The applicant also submits that the food was of poor quality.

2. The Government's account

18. In respect of SIZO No. 5 the Government submitted that the applicant had been held in cells 205 (measuring 25.3 square metres and containing two windows and ten sleeping places), 303 (measuring 37.1 square metres and containing three windows and fourteen sleeping places), 312 (measuring 33.5 square metres, containing two windows and twelve sleeping places), 322 (measuring 27.4 square metres) and 403 (measuring 36.8 square metres, containing three windows and fourteen sleeping places).
19. The Government were unable to provide the Court with original documentation concerning numbers of prisoners detained in SIZO No. 5 along with the applicant. They relied on record No. 50/5-8 dated 31 March 2006 of the administration of SIZO No. 5 confirming the destruction of the relevant prison records in this respect.
20. As to SIZO No. 3, the Government submitted that the applicant had been detained in cells 213 (measuring 28.5 square metres, containing two windows and twenty-eight sleeping places) and 608 (measuring 32.7 square metres, containing two windows and thirty-two sleeping places.)
21. The Government submitted that there had been twenty-five to twenty-eight detainees in cell 213 along with the applicant and were unable to provide information in respect of detainees in cell No. 608. They relied on record No. 176 dated 16 February 2004 issued by administration of SIZO No. 3 and confirming the destruction of the relevant prison records.
22. The Government submitted that the applicant had been provided at all times with an individual sleeping place and bed linen. All cells had been naturally and artificially ventilated and lit. The cells had been equipped with heating devices and regularly cleaned with toilet facilities having been partitioned with a wall. The applicant underwent regular medical examinations.

II. Relevant domestic law

A. Rules on the prison regime in pre-trial
detention centres (as approved by Ministry of Justice
Decree No. 148 of 12 May 2000)

23. Rule 42 provided that all suspects and accused persons in detention had to be given, among other things: a sleeping place; bedding, including a mattress, a pillow and one blanket; bed linen, including two sheets and a pillow case; a towel; tableware and cutlery, including a bowl, a mug and a spoon; and clothes appropriate to the season (if the inmate had no clothes of his own).
24. Rule 44 stated that cells in pre-trial detention centres were to be equipped, among other things, with a table and benches to seat the number of inmates detained there, sanitation facilities, running water and lighting for use in the daytime and at night.
25. Rule 46 provided that prisoners were to

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