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Постановление Европейского суда по правам человека от 08.10.2009 «Дело Бордиков (Bordikov) против России» [англ.]





plicant's detention from 2001 to 2003, the Government indicated that all the records had been destroyed after the statutory period for their storage had expired. In this connection they submitted a copy of the relevant certificate issued by the administration of the remand prison on 15 May 2007.

1. Cell No. 33

34. From September 2001 to March 2002 the applicant stayed in cell No. 33. According to the applicant, the cell measured 7 sq. m and housed from four to six inmates.
35. In their memorandum of 27 February 2006, the Government claimed that the cell measured 10 sq. m and was equipped with four beds. Three inmates, on average, were detained there. In their further observations the Government relied on the certificate signed by officer K., acting head of the remand prison, on 26 November 2007. According to the certificate, the cell measured 15.5 sq. m and housed four persons at the relevant time.

2. Cell No. 168

36. From March to July 2002 and then after February 2003 the applicant stayed in cell No. 168. According to the applicant, the cell measured 30 sq. m and housed from fifteen to twenty inmates.
37. Originally the Government did not dispute the measurements of the cell. According to them, the cell was equipped with ten beds and housed, on average, eight inmates. The Government later submitted a certificate signed by officer K. on 26 November 2007 to the effect that the cell measured 50.4 sq. m and housed fourteen inmates.

3. Cell No. 6

38. On 31 July 2002 the applicant was transferred into cell No. 6, located in the basement. According to the applicant, it measured 12 sq. m and housed twelve inmates. On 6 August 2002 the entire basement, including cell No. 6, was flooded from the sewage system. On the following day the inmates were returned to cell No. 168.
39. The Government denied that the flooding incident had taken place. In their memorandum of 27 February 2006 they did not accept the number of inmates or the cell measurements quoted by the applicant. According to them, the cell measured 15 sq. m and housed, on average, four inmates. Each of them had an individual bed. According to the certificate signed by officer K. on 26 November 2007, the cell measured 38.4 sq. m. It was equipped with twelve beds and housed twelve inmates.

4. "Assembly" cell

40. According to the applicant, in 2002 he was repeatedly placed in the "assembly" cell. It measured one sq. m and had no windows, no ventilation system, no drinking water and no place for rest. The floor was dusted with bleaching powder. The walls were coated with "shuba", a sort of abrasive concrete lining. No access to a toilet was allowed.
41. On an unspecified date the applicant spent two hours in that cell; on 24 December 2002 he was held there for three hours, and he was subsequently locked in the cell for fifteen hours from 5 p.m. on 5 March to 8 a.m. on 6 March 2003.
42. The Government admitted that the applicant had been detained in the "assembly" cell on 5 March 2003 only. They acknowledged that the applicant's detention there contravened the applicable rules and regulations.

5. The applicant's medical file submitted by the Government

43. According to the applicant's medical file, at least once a week he was examined by doctors of the remand centre, who administered injections and provided medication to treat his hypertension. In particular, the medical file contains the following information.
44. On 16 July 2002 the applicant received injections in connection with a hypertonic crisis. Following the treatment, his blood pressure lowered from 220/140 to 190/120.
45. From 8 August to 14 November 2002 and from 6 February to 14 February 2003 the applicant received treatmen



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