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





e Execution of Sentences, submitted, with respect to both facilities, that the cells had been ventilated naturally through the windows. Each cell also had a ventilation shaft. The cells had natural light and the metal shutters ("eyelashes") were removed on 25 November 2002 following a relevant directive of the Ministry of Justice. Furthermore there were twenty-four-hour artificial lights, as well as security lights. The partition around the toilet offered sufficient privacy.
22. The applicant disagreed with the Government's description and submitted that the sanitary conditions had been unsatisfactory. The windows of the cells let almost no daylight in as they were covered with "eyelashes", and due to insufficient daylight the applicant's eyesight deteriorated significantly during the period of detention. Toilet facilities were not separated from the living area, the cells had no ventilation and the air was always stuffy. Smoking was not restricted in the cells, which exposed the applicant, who is a non-smoker, to heavy tobacco smoke and made him feel sick. The cells were infected with bed-bugs and lice but the administration did not provide any insecticides.
23. The applicant produced written statements by Mr M., who had been detained in cell No. 501 in detention facility IZ-77/2 in 2000 - 2002, and Mr V. who had been detained together with the applicant from 17 November 2002 to 15 February 2003 in cell No. 140 and from 15 February to 16 August 2003 in cell No. 146 in detention facility IZ-77/2. They confirmed the applicant's account of the conditions of detention there, including information on cell measurements, number of detainees and sanitary conditions.

II. Relevant domestic law

24. Section 23 of the Detention of Suspects Act (Federal Law No. 103-FZ of 15 July 1995) provides that detainees should be kept in conditions which satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell. According to section 24, administration of detention facilities shall meet the sanitary and hygienic requirements which secure the detainees' health.

III. Relevant international documents

25. Relevant international documents and reports concerning the conditions in Russian penitentiary establishments can be found in the judgment of 25 October 2005 in the case of Fedotov v. Russia, (No. 5140/02, §§ 54 - 55), judgment of 10 May 2007 in the case of Benediktov v. Russia, (No. 106/02, § 21) and judgment of 8 November 2005 in the case of Khudoyorov v. Russia (No. 6847/02, §§ 97 - 98).

THE LAW

I. Alleged violation of Article 3 of the Convention
on account of the conditions of the applicant's detention

26. The applicant complained that the conditions of his detention in facilities Nos. IZ-77/2 and IZ-77/3 of Moscow had been inhuman and degrading in breach of Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. Submissions by the parties

27. The Government stated that the application should be rejected for being out of time. They considered that the applicant had first raised this complaint on 19 August 2004, according to the Court's stamp on the application form. The Government also argued that the applicant had not exhausted the domestic remedies available to him. In particular, he had not lodged any complaint about his conditions of detention.
28. The Government further submitted that detention conditions in facilities Nos. IZ-77/2 and IZ-77/3 had been adequate. They relied on certificates issued by the Federal Ser



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