Постановление Европейского суда по правам человека от 08.04.2010 «Дело Лутохин (Lutokhin) против России» [англ.]

h an iron blind
that had allowed almost no ventilation.
11. As regards his detention in the remand centre, he had been held in
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six cells that had measured 8 m and had had six sleeping places. One of
them, used for transfer purposes, had been shared by twenty-five people.
The others had accommodated from eight to thirteen people. Inmates had
received no individual bedding.
12. Ventilation had hardly been existent. The cells had been stuffy and damp. Iron blinds attached to cell windows had become extremely hot in the summer. During the winter time, inefficient heating had resulted in icing up of the exterior wall. The average inside temperature in the summer had risen up to + 50 °C and had fallen to - 10 °C in the winter.
13. The lighting had been insufficient and had been turned on round the clock.
14. A forty-minute walk in a small yard had been allowed only occasionally.
15. He had never witnessed any disinfection measures.
16. Hygiene conditions had been inadequate. A lavatory pan in the cells had not been partitioned from the living room and had allowed no privacy. It had not worked properly for a lack of pressure. Hot water had not been provided in the cells. Detainees had been allowed to shower in a common room for fifteen minutes once in ten-twelve days.
17. The nutrition and medical assistance had been poor.

2. The Government's account

18. The Government submitted no information as regards the conditions of the applicant's detention in the temporary confinement ward.
19. As to his detention in the remand centre, during the relevant
period of time the applicant had been held in six cells. The size of the
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cells had been 8 m . The exact number of inmates could not be established
owing to a destruction of the facility's relevant records.
20. All cells had been equipped with six sleeping places and a dining table. A sink and a lavatory pan installed in the cells had been separated from the living area by a partition.
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21. Each cell had had a window measured 1 x 1,1 m and had been
equipped with ventilating shafts.
22. The cells had been lit with artificial lighting. The natural light coming through the windows had been sufficient to allow reading.
23. The applicant had been provided with an individual sleeping place and bedding.
24. Sanitary inspections, with regard to the monitoring of the average inside temperature and of the overall sanitary state of the cells, had been carried out on a regular basis.
25. Meals had been served three times a day. The nourishment had met official standards. The quality of the food had been controlled by a medical unit of the facility.
26. The applicant had received parcels. His state of health had regularly been monitored and he had been provided with medical assistance when that had been necessary.
27. He had never complained about conditions of his detention while in the remand centre.

II. Relevant domestic law

Law on Detention on Remand

28. Article 8 of the Law on Detention on Remand (Federal Law No. 103-FZ of 15 July 1995) provides that persons detained in accordance with a court order should be held in remand centres.
29. According to Article 9, persons whose detention pending trial has not yet been ordered by the competent court should be held in temporary confinement wards. In exceptional circumstances, persons detained in remand centres can be transferred to and detained in temporary confinement wards for a period of n

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