Постановление Европейского суда по правам человека от 01.07.2010 «Дело Недайборщ (Nedayborshch) против России» [англ.]

ainees because the documents had been destroyed upon the expiry of the statutory storage period.
10. The cells were furnished with bunk beds but no mattresses or bed linen were given to inmates. In the absence of dining tables, inmates had to eat while sitting on the beds or on the floor.
11. According to the applicant, cells were infested with insects and small rodents. The Government denied that allegation and submitted that the IVS had regularly undergone disinfection and rat extermination.
12. The applicant complained to the prosecutor's office about the conditions of his detention.
13. On 9 August 2004 the Kopeysk town prosecutor sent a formal representation to the acting head of the Kopeysk IVS, requiring him to remedy "most serious violations of the law and of orders of the Ministry of the Interior" which had been established by an inquiry instituted upon numerous complaints from inmates held in the Kopeysk IVS. The representation read in particular as follows:
"The conditions of detention in the Kopeysk IVS do not meet hygienic and sanitary requirements. Each cell accommodates on average six persons, which is in excess of the maximum population.
Sanitary and hygienic conditions in the Kopeysk IVS have remained unsatisfactory:
- cells do not have running water, lavatory pans or sewerage;
- lighting in the cells is insufficient;
- the IVS does not have mattresses, bed linen or tables."
14. On 4 September 2004 the applicant underwent a medical examination in prison hospital No. GLPU-17 and was diagnosed with tuberculosis.
15. In 2005, the prosecutor's office for the Chelyabinsk Region launched a comprehensive review of the conditions of detention in the IVS facilities of the Chelyabinsk Region. On 16 September 2005 the regional prosecutor sent a formal representation to the head of the regional Department of the Interior. He noted that the conditions of detention in a large majority of regional IVS facilities were in breach of the requirements of the Detention of Suspects Act (see below). In the Kopeysk IVS, among others, the sanitary norm of no less than four sq. metres of personal space per inmate was not respected and detainees were not allowed to go outdoors for exercise.
16. The Government submitted that a new building of the Kopeysk IVS had been constructed and would become operational in May 2008.

II. Relevant domestic law

17. Section 23 of the Detention of Suspects Act (Federal Law No. 103-FZ of 15 July 1995) 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.

THE LAW

I. Alleged violation of Article 3 of the Convention

18. The applicant complained that the conditions of his detention in the Kopeysk IVS temporary detention centre were incompatible with Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. Admissibility

1. The Government's objection as to the non-exhaustion
of domestic remedies

19. The Government submitted that the applicant had not exhausted domestic remedies because he had not applied to any domestic court with a complaint that the conditions of his detention were inadequate. They cited a newspaper publication about Mr D. who had been awarded 25,000 Russian roubles (RUB) against the Federal Service for Execution of Sentences which had been responsible for his infection with scabies in a remand prison. They also referred to the example of a Mr R.,

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