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Постановление Европейского суда по правам человека от 08.07.2010 <Дело Александр Матвеев (Aleksandr Matveyev) против России» [англ.]





33. The applicant submitted that he had been held in SIZO No. 4 in St Petersburg and also in remand prison IZ-77/3 (SIZO No. 3) in Moscow. In respect of the former facility, he submitted that he had been detained there from 17 April 2000 to 8 September 2001 and from January to March 2002. He did not submit specific dates concerning his detention in SIZO No. 3, but suggested that it had taken place between September 2001 and January 2002.
34. The Government submitted, with reference to prison records, that the applicant's detention in SIZO No. 4 had lasted from 20 April 2000 to 7 September 2001 and from 23 January 2002 to 13 March 2002, whilst his detention in SIZO No. 3 had taken place in between the mentioned terms, from 10 September 2001 to 21 January 2002.

1. SIZO No. 4 in St Petersburg

35. The applicant gave the following account of the conditions of his detention.
36. At all times the prison was heavily overcrowded. His cell measured 20 square metres and was meant to accommodate twelve inmates but actually housed between forty and fifty. The bunk beds in the cell had three "levels", the applicant's sleeping place being on the top level, right under the ceiling. The inmates slept in turns, two or three persons sharing one bed at a time. The applicant slept on a worn-out mattress and was not provided with any bedding. Because the detainees shared beds, they often contracted skin infections and had lice. The inmates had a one-hour outside walk per day. The lavatory pan was separated from the living area by a makeshift partition. As such an arrangement was prohibited by the prison authorities, it was ripped down in the course of every routine check and then rebuilt by the inmates until the next check.
37. The windows had double bars and metal shutters which let almost no natural light in. The electric lights were always switched on. For the same reason there were problems of fresh air, especially in summer when it was very hot. The windows had no glass and in winter the detainees covered them in order to avoid freezing, so there was even less fresh air.
38. The quality of the food was deplorable. The inmates were sometimes given out-of-date biscuits from humanitarian supplies.
39. The applicant could not wash himself properly because the "washing schedule" (once every 8 - 10 days) was rarely respected by the prison authorities. Furthermore, the shower facility, a former morgue, was in a disgusting state.
40. On several occasions tuberculosis or hepatitis sufferers and mentally disturbed inmates had been placed in the applicant's cell. The applicant submitted that although the detainees underwent HIV and AIDS tests upon their arrival in the detention facility, they were informed of the results with a considerable delay.
41. The applicant alleged that he suffered from epileptic fits and nocturnal enuresis and could not count on adequate medical assistance.
42. He further stated that the regular searches in the cells, assisted by members of the special forces (спецназ), were usually accompanied by violence, especially throughout 2000. On one such occasion the applicant's fellow detainees were ordered to leave the cell and the applicant was ordered to hand over any prohibited items. When he refused, he was ordered to kneel down, which he again refused to do because it was humiliating. In response, persons wearing masks beat him up.
43. It does not appear that the applicant complained about the alleged incident or requested medical assistance at the time.
44. The Government disagreed with the above description and submitted that the applicant had been provided with his own sleeping place, bedding and cutlery. They also submitted that all original documentation relating to the periods in question had been destroyed. They submitted that the cells in the prison had had windo



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