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

uring 11.9 square metres.
48. According to the prison administration, there were three beds in the cell. The applicant submitted that the cell had had 4 bunk beds for 8 inmates.
49. The Government confirmed the size of the cell and also relied on the statement of prison officer K. of 17 February 2006, in which he recalled that there had been three inmates, including the applicant, in the cell.

11. Cell No. 36

50. Between 10 October 2002 and 28 August 2003 the applicant was held in cell No. 36, measuring 7.7 square metres.
51. The applicant submitted that it had had two sleeping places and had been constantly overcrowded.
52. The Government confirmed the size of the cell and also relied on the statement of prison officer K. of 17 February 2006, in which he recalled that there had been two inmates, including the applicant, in the cell.
53. On 28 August 2003 the applicant was transferred to penitentiary establishment IK-4 in the Uptar village of the Magadan Region.

12. The Government's general account of the conditions
of the applicant's detention

54. Relying on certificates issued by the prison administration on 20 February 2006, the Government submitted that the applicant had been provided with proper bedding, a personal pillow and had been able to take weekly showers. All the cells were duly ventilated, heated, disinfected and lit. All detainees were provided with medical care.

C. Alleged interference with the applicant's correspondence

55. The applicant alleged that on 24 August 2000 the prison administration had seized some of his personal correspondence and defence materials. He further alleged that after he had made complaints and threatened to go on hunger strike, the documents were returned.
56. The applicant failed to submit any supporting documents in respect of this episode. It does not appear from the materials in the case file that he brought any court actions in this respect.

II. Relevant domestic law

Rules on the prison regime in pre-trial detention centres
(as approved by Ministry of Justice Decree
No. 148 of 12 May 2000)

57. Rule 42 provided that all suspects and accused persons in detention had to be given, among other things: a sleeping place, bedding, including one mattress, a pillow and one blanket; bed linen, including two sheets and a pillow case; a towel; tableware and cutlery, including a bowl, a mug and a spoon; and seasonal clothes (if the inmate had no clothes of his own).
58. Rule 44 stated that cells in pre-trial detention centres were to be equipped, among other things, with a table and benches with a number of seating places corresponding to the number of inmates, sanitation facilities, tap water and lamps to provide daytime and night-time illumination.
59. Rule 46 provided that prisoners were to be given three hot meals a day, in accordance with the norms laid down by the Government of Russia.
60. Under Rule 47 inmates had the right to have a shower at least once a week for at least fifteen minutes. They were to receive fresh bed linen after taking their shower.
61. Rule 143 provided that inmates could be visited by their lawyer, family members or other persons, with the written permission of an investigator or an investigative body. The number of visits was limited to two per month.

III. Relevant council of Europe documents

62. The relevant extracts from the General Reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("the CPT") read as follows:
Extracts from the 2nd General Report [CPT/Inf (92) 3]
"46. Overcrowding is an issue of direct relevance

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