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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Губин (Gubin) против России» [англ.]





daily cleaning was the inmates' responsibility. The toilet was separated from the rest of the cell by a 1.25-metre partition to ensure the privacy of the person using it.
34. The applicant received three meals a day. The food ration was in full compliance with quality and quantity standards.

3. Applicant's transfer to remand prison No. 77/6

35. On 11 September 2004 the applicant was transferred to remand prison No. 77/6.
36. On 4 October 2004 he lodged another complaint about the conditions of his detention in remand prison No. 77/1.
37. On 27 November 2004 Ms F., an administrative officer at the remand prison, allegedly summoned the applicant to her office. She threatened to move him back to remand prison No. 77/1 or make his life more difficult at remand prison No. 77/6 if he continued to complain about the conditions of his detention.
38. On 30 November 2004 the Moscow City Department of Corrections responded officially to the applicant's complaint about conditions of detention at remand prison No. 77/1. The applicant was informed that the overcrowding in the cells had been caused by renovation work being carried out at the prison; that the food rationing was in accordance with the applicable norms; that the inmates were allowed to take a fifteen-minute shower once a week; and that the bed sheets were changed on a weekly basis.

4. Applicant's post-conviction detention

39. From 18 to 31 May 2005 the applicant was detained in remand prison No. 66/1 in Yekaterinburg. According to the applicant, he was held in cell No. 334, which measured 30 sq. m and housed from twenty-four to twenty-seven persons. It had eleven sleeping places and the inmates had to take turns to sleep. The cell was infested with bedbugs, cockroaches, lice and rats. It was never cleaned. There were nine mattresses. No bed sheets, pillows or blankets were provided, nor was there any cutlery or tableware. Water was constantly leaking from a corroded sink onto the floor. The toilet was separated from the living area by a partition less than one metre high. The inmates were allowed to shower once every ten days. Because of the small size of the table and bench, the inmates had to take turns to eat. There was no radio or clock. The inmates did not receive soap or buckets with which to do their laundry.

THE LAW

I. Alleged violation of Articles 3 and 13 of the Convention

40. The applicant complained that he had been detained in appalling conditions in remand prison No. 77/1 in Moscow from 20 August 2003 to 11 September 2004 in contravention of Article 3 of the Convention which reads as follows:

"Article 3

No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
41. The Court considered it appropriate to raise of its own motion the issue of Russia's compliance with the requirements of Article 13 of the Convention which, in so far as relevant, provides as follows:

"Article 13

Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority..."

A. Submissions by the parties

1. The Government

42. The Government noted that the applicant had failed to bring his grievances to the attention of a competent domestic authority and considered that his complaint should be rejected because he had failed to comply with the requirements of Article 35 § 1 of the Convention, as he had not exhausted domestic remedies before lodging his application with the Court. In particular, they submitted that it had been open to the applicant to bring his grievances to the attention of the prosecutor. They cited the following ex



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