Постановление Европейского суда по правам человека от 05.03.2009 «Дело Бычков (Bychkov) против России» [англ.]

39; depositions and submissions by the defendants during the pre-trial investigation.
12. According to the applicant, on 9 June 2003 another Moscow newspaper ("Российский Курьер") published an article discussing the applicant's criminal case.
13. On 29 July 2003 the Supreme Court of Russia, acting on appeal, upheld the judgment with minor changes.

B. Conditions of detention

14. From 5 June 2000 to 9 September 2003 the applicant was detained in facilities Nos. IZ-77/2 and IZ-77/3 in Moscow.

1. Number of inmates per cell

(a) Facility No. IZ-77/2
15. According to certificates issued on 15 February 2006 by the acting facility director, and produced by the Government, the applicant was kept in eight cells. From 5 June to 27 October 2000 he was detained in cells Nos. 314, 501, 146 and 218. According to the Government, the information on the number of inmates during the above period was not available as the documents had been destroyed.
16. Further, the Government submitted that from 27 October 2000 to 22 January 2002 there had been fifteen detainees on average together with the applicant in cell No. 501, which was designed for thirty-eight persons. From 22 January to 12 February 2002 there were four detainees on average in cell No. 27, which was designed for six persons. From 12 February to 17 April 2002 there were ten detainees on average in cell No. 51, which was designed for eight persons. From 17 April to 17 May 2002 there were twenty-five detainees on average in cell No. 140, which was designed for twenty-two persons. There were fifty-one detainees on average in the same cell from 28 October 2002 to 16 February 2003. From 17 to 30 May 2002 there were two detainees on average in cell No. 37, which was designed for six persons. From 16 February to 28 June 2003 there were twenty-eight detainees on average in cell No. 146, which was designed for twenty persons. Finally, from 28 June to 14 August 2003 there were twenty detainees in cell No. 2, which was designed for twenty-two persons.
17. The Government supported their assertions with copies of extracts from registration logs showing the number of detainees on 1 December 2001, 12 and 13 February, 1 and 2 April, 14 and 15 April, 18 and 19 May, 30 and 31 October 2002, 12 and 13 June, and 2 and 3 August 2003. The registration logs did not include the detainees' names. The Government did not provide the Court with information on the cell measurements.
18. The applicant contested this information in part. He stated that from 9 to 19 July 2000 he had shared cell No. 146, which measured 48 sq. m, with up to seventy detainees. There were thirty-eight detainees in the same cell as the applicant from 15 February to 31 March 2002 and from 15 February 2003 to 16 August 2003, and they had to sleep in shifts. Further, according to the applicant, cell No. 501 measuring 36 sq. m, in which he was kept from 19 July to 24 August 2000 and from 24 September 2000 to 18 January 2001, housed thirty-eight detainees. From 4 October 2002 to 15 February 2003 the applicant was kept in cell No. 140, measuring 48 sq. m, with at least thirty-seven other detainees.
(b) Facility No. IZ-77/3
19. From 30 May to 29 October 2002 and from 14 August to 9 September 2003 the applicant was kept in detention facility No. IZ-77/3 in Moscow, in cells Nos. 524 and 523 respectively. According to the Government, in cell No. 524 he was kept at different periods with twenty-one to thirty-four other detainees; and in cell No. 523 with twenty-one to twenty-four detainees.
20. The applicant stated that both cells measured 30 sq. m and there were thirty persons there with him.

2. Sanitary conditions, installations and temperature

21. The Government, relying on the information provided by the Federal Service for th

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