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





ws measuring between 0.9 and 1 metre and had been equipped with light bulbs. They admitted that the windows had been covered with metal shutters until 1 April 2003. The inmates had been able to wash themselves once a week and also to wash their personal things. The Government denied the applicant's allegations concerning the detention of mentally disturbed persons and persons infected with tuberculosis in his cell, and submitted that such a situation was impossible, since the applicable law did not allow it. There may have been HIV infected persons in the applicant's cell, but that was not in breach of the domestic law or the European Convention on Human Rights. The Government also submitted that the prison administration had taken measures against the insects in the cells and that the quality of the food had been in accordance with all relevant standards.

2. SIZO No. 3 in Moscow

45. The applicant submitted that the conditions of his detention in the remand prison in Moscow had been better than in St Petersburg only in two respects: he had been able to shower more regularly and he was provided with a mattress. As to the rest, although there were fewer inmates, the cell was overcrowded and the detainees slept in turns. The ventilation was inadequate, there was lack of natural light and the lights were always switched on. The cell was infested with insects and cockroaches.
46. The Government disagreed and submitted that between 10 and 12 September 2001 the applicant had been detained in cell No. 417, which measured 14.98 square metres and was equipped with two-tier bunk beds for ten persons. From 12 September 2001 to 21 January 2002 he was detained in cell No. 414, measuring 15 square metres and equipped with ordinary beds for eight persons. The original documentation concerning the number of inmates in these cells at the relevant time was destroyed on 20 February 2004, the regulatory time for its storage having elapsed. The Government submitted that the conditions of detention could not have been worse than those required by the Rules on the prison regime in pre-trial detention centres (as approved by Ministry of Justice Decree No. 148 of 12 May 2000 - see the Relevant Domestic Law section below). The Government argued that the cells had been properly lit, ventilated, and disinfected and had generally been in good condition.

D. Events following the applicant's final conviction

47. On 19 March 2002 the applicant arrived in the correctional colony OYa-22/7 in Pankovka settlement in the Novgorod Region.
48. Upon arrival, the applicant was placed in a disciplinary cell for protesting about serving his sentence in the Novgorod Region instead of the Yaroslavl Region as the authorities had allegedly promised him.
49. He was kept in the disciplinary cell from 19 March to 22 June and from 19 September to 19 November 2002. According to the applicant, the cell measured around 25 square metres and held six prisoners. He was not allowed to have any personal belongings. He could shower once a week and had a one-hour walk per day. There was no table, bench or washbasin and the applicant was not provided with a mattress or bedding.
50. Throughout his confinement in the disciplinary cell the applicant was prohibited from sending and receiving letters. He was also banned from smoking, reading and receiving parcels.
51. By letter dated 28 June 2002 the head of the correctional colony OY-22/7 informed the applicant's father that the applicant was detained in the disciplinary cell and that during his detention there all correspondence and family visits were prohibited.
52. The applicant submits that from 22 June to 19 September 2002 he was held in a "safe cell" (безопасное место) where correspondence was allowed and the restrictions imposed in the disciplinary cell did not apply.




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