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Постановление Европейского суда по правам человека от 20.05.2010 «Дело Владимир Козлов (Vladimir Kozlov) против России» [англ.]





central water supply, sewage system, ventilation and lighting. In the day the lighting was on from 6 am to 10 pm. At night lower-voltage bulbs were used to maintain lighting for surveillance and safety reasons. The inmates were allowed to watch TV between 6 am and 10 pm. The use of the TV during the night-time was prohibited. The average temperature in the cells did not fall below + 18 °C during the winter and did not exceed + 20 °C during the summer. Window panes were installed for autumn and winter.
20. Each cell had a toilet, a sink, a table and benches. The toilet was separated from the living area of the cell by a one-metre-high partition and a screen to ensure the privacy of the person using the toilet. The applicant could take a shower once a week for at least fifteen minutes.

3. Confinement at the courthouse

21. During the time of the trial, that is from 6 April 1999 to 18 July 2001, on the days of the court hearings the applicant was held in custody at the courthouse.
(a) Description provided by the applicant
22. The cells at the courthouse measured 2 sq. m. Each time the applicant had to share the cell with two or three other persons. The ventilation system did not function properly and the cells were very hot in the summer. The applicant was not provided with food at all.
(b) Description provided by the Government
23. At the courthouse the applicant was detained in a cell measuring 1.95 by 1 metres. There was a bench in the cell. The cell was equipped with ventilation, lighting, and central heating. The metal door had a peephole. The average temperature in the cell was between 18 and 20 °C. The applicant was allowed to use the bathroom upon arrival and before departure or before the start of the court hearing, if necessary. He was provided with food and hot water.

C. Mass media comment about the applicant's case

24. According to the applicant, numerous newspapers and television channels covered his arrest and the circumstances of Z.'s murder before the trial was over.
25. A documentary made by Mr D. about the case was shown at least six times by one of the nationwide TV channels. The film featured footage of the applicant and Z. aboard a sea cruiser.
26. On 7 March 2002 the prosecutor's office dismissed the applicant's request for criminal proceedings to be instituted against Mr D.

THE LAW

I. Alleged violation of Article 3 of the Convention

27. The applicant complained that his detention pending investigation and trial in remand prison No. IZ-77/3 and his confinement at the courthouse during the trial had been in contravention of 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. Submissions by the parties

28. 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 for failure to comply with the requirements of Article 35 § 1 of the Convention. 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 examples from the domestic practice in support of their position. In response to a Mr N.'s complaint about the conditions of his detention the Novosibirsk prosecutor's office conducted an inquiry which confirmed N.'s allegations that the food rations had been insufficient and the water supply had been irregular. As a result, the prison administration renovated the detention facility and purchased medical supplies. In the Vladimir Region, a special section for detention of i



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