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

distinguish between the conditions of the applicant's detention in different cells or for his detention to be separated into several periods depending on the cell in which he had been kept (see, for similar reasoning, Nazarov, § 78, and also Guliyev, §§ 31 - 33, and Benediktov, § 31, all cited above). The Court therefore dismisses the Government's objection on non-compliance with the six-month rule.
26. Lastly, the Court considers that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

27. The Government submitted that the applicant did not stay in the Kopeysk IVS continuously, but rather for short periods of up to three days. Furthermore, he was often taken out of the cell to take part in investigations or to attend court hearings. The applicant had sufficient personal space at this disposal and also had had the right to one hour of outdoor exercise daily. Although the cells did not have tables or bed linen, the conditions of the applicant's detention were generally compatible with Article 3 of the Convention.
28. The applicant indicated that his participation in investigations had been limited to approximately ten minutes a day and that he had spent the remainder of the time in the cell. The cells were severely overcrowded, the water tank did not contain enough water for everyone, and the outdoor exercise only lasted for a few minutes.
29. Article 3, as the Court has observed on many occasions, enshrines one of the fundamental values of a democratic society. The Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances or the victim's behaviour (see Balogh v. Hungary, No. 47940/99, § 44, 20 July 2004, and Labita v. Italy [GC], No. 26772/95, § 119, ECHR 2000-IV). The Court has consistently stressed that the suffering and humiliation involved must, for a violation to be found, go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment. Measures depriving a person of his liberty may often involve such an element. In accordance with Article 3 of the Convention, the State must ensure that a person is detained in conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship exceeding the unavoidable level of suffering inherent in detention (see {Kudla} v. Poland [GC], No. 30210/96, §§ 92 - 94, ECHR 2000-XI).
30. Turning to the facts of the instant case, the Court notes that the parties disagreed on a number of aspects relating to the material conditions of the applicant's detention. However, there is no need for the Court to establish the veracity of each and every allegation, because it can find a violation of Article 3 on the basis of the facts presented to it by the applicant, which the respondent Government did not dispute (see Grigoryevskikh v. Russia, No. 22/03, § 55, 9 April 2009).
31. The applicant claimed, and it was also confirmed during an official inquiry by the region prosecutor's office (see paragraph 13 above), that at the material time the cells of the Kopeysk IVS had been overcrowded beyond their design capacity. The Government did not dispute this allegation, referring to the fact that the official records relating to the cell population had been destroyed after the time-limit for their storage had expired. The Court has frequently found a violation of Article 3 of the Convention on account of the lack of personal space afforded to detainees (see, among other authorities, Kalashnikov v. Russia, No. 47095/99, §§ 97 et seq., ECHR 2002-VI; Khudoyorov v. Russia, No. 6847/02, §§ 104 e

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