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Постановление Европейского суда по правам человека от 12.05.2010 «Дело Косицын (Kositsyn) против России» [англ.]



(Application No. 69535/01)


(Strasbourg, 12.V.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Kositsyn v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 April 2010,
Delivers the following judgment, which was adopted on the las-mentioned date:


1. The case originated in an application (No. 69535/01) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Yevgeniy Viktorovich Kositsyn ("the applicant"), on 19 February 2001.
2. The applicant, who had been granted legal aid, was represented by Ms G.V. Guseva, a lawyer practising in Kaliningrad. The Russian Government ("the Government") were represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, inter alia, that the conditions of his detention in remand prison IZ-39/1 of Kaliningrad had been inhuman.
4. By a decision of 19 October 2006, the Court declared the application partly admissible.
5. The Chamber decided after consulting the parties that no hearing on the merits was required (Rule 59 § 3 in fine). The applicant and the Government each filed further written observations (Rule 59 § 1).


I. The circumstances of the case

6. The applicant was born in 1962 and lives in Kaliningrad.
7. On 17 October 1999 the police arrested the applicant on suspicion of the murder of Ms M. On 20 October 1999 an investigating officer charged the applicant and detained him in remand prison IZ-39/1 in Kaliningrad. On 20 April 2000 the Central District Court of Kaliningrad found the applicant guilty of the murder of Ms M. The applicant was sentenced to fourteen years' imprisonment. On 22 August 2000 the Kaliningrad Regional Court upheld the conviction on appeal.

1. The applicant's account of detention conditions
in the remand prison

8. The applicant was detained in remand prison IZ-39/1 from 20 October 1999 to 20 September 2000.
9. On his admission, he was put in a quarantine cell occupied by young offenders, some of whom had already been convicted. This cell measured 12 - 13 square metres and housed fourteen to sixteen prisoners. Of the eight available bunk beds, only six had bedding. The applicant was only able to sleep for three to four hours a day. The window was covered with metal shutters that let through neither light nor fresh air. The air inside was stuffy, the walls were damp. A 60-watt ceiling light stayed on day and night: too dim to read by, too bright to sleep under. The toilet had no flush or ventilation. It stood above the floor exposed to onlookers. Several prisoners had lice, tuberculosis or syphilis. The cell swarmed with cockroaches, bed bugs, ants and rats. Cleaning of the toilet w

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