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Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Питалев (Pitalev) против Российской Федерации" [рус., англ.]





q. m of personal space in the sleeping area and a further 1.16 sq. m in the communal areas of the unit and was at all times provided with an individual bunk bed (see Solovyev v. Russia (dec.), No. 76114/01, 27 September 2007). At the same time, the absence of an individual sleeping place combined with a deficiency of private space (2.04 sq. m of personal space in the dormitory) was found by the Court to have amounted to inhuman and degrading treatment (see Polufakin and Chernyshev v. Russia, No. 30997/02, §§ 149 - 159, 25 September 2008).
39. Turning to the circumstances of the present case, the Court notes that the parties have not disputed the number of detainees and unit measurements in IK-3. The Government submitted that the bedroom in unit No. 5 measured 150 sq. m. for 70 inmates (that is, 2.14 sq. m. per person). The communal area was 90 sq. m. which allowed a further 1.28 sq. m. per detainee. In the dormitory of unit No. 3 the applicant was allocated 2.8 sq. m. of personal space. It is also not disputed that in both dormitories the applicant was at all times provided with an individual bunk bed. The Court thus observes that these figures conform to the domestic standard of 2.0 sq. m. per male convict in correctional colonies, viewed in the context of the wide freedom of movement enjoyed by detainees in these penitentiary institutions (see Solovyev, cited above). The applicant worked in the sewing workshop during the daytime, and he did not allege that his outdoor exercises had been insufficient.
40. As regards the sanitary conditions, the Court notes that the applicant's allegations of inadequate lighting, ventilation and heating have been presented in general terms and lack sufficient details. He has not contested the documents submitted by the Government in a comprehensive manner. Furthermore, the Court takes into consideration that the applicant might have experienced difficulties in procuring documentary evidence. Nevertheless, the Court points out that in cases where detainees were unable to produce documents to support their complaints it has relied on other evidence, for example, written statements signed by eyewitnesses (see, for example, Khudobin v. Russia, No. 59696/00, § 87, ECHR 2006-... (extracts), and Seleznev v. Russia, No. 15591/03, §§ 14 and 42, 26 June 2008). Accordingly, it was open to the applicant to provide the Court with written statements by his inmates, which he failed to do. Thus in the present case it cannot be established "beyond reasonable doubt" that the ventilation, lighting and heating in IK-3 were unacceptable from the standpoint of Article 3; nor is it possible to contest the information produced by the Government in this respect.
41. It has also not been alleged in the present case that the living areas were unduly dirty or infested with insects (see, by contrast, Kalashnikov, cited above, § 98). The Court takes note of the applicant's description of deficient catering and insufficient clothing; however it finds that it does not appear from the parties' submissions that the conditions in IK-3 went beyond the threshold tolerated by Article 3 of the Convention.
42. In view of the above considerations the Court finds that there is not sufficient evidence for it to conclude that there has been a violation of Article 3 of the Convention on account of the conditions of detention in correctional colony IK-3.
(b) Conditions of detention in the prison hospital ЯМ-401/Б
43. Referring to the principles set out in paragraphs 37 - 38 above, the Court notes that, as distinct from the above examined regime in correctional colonies, the detainees in the prison hospital do not enjoy the same freedom of movement. The applicant's opportunity for outdoor exercise was limited to one hour a day, the rest of the time he was locked up in the cell, which was not contested by the Government. In this respect the detention regime in t



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