tion of the preceding paragraphs, there shall be no interference by a public authority except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, for the detection or prosecution of a criminal offence or for the protection of health."
The Russian Federation is not a party to this Agreement.
IV. Reservation by the Russian Federation
44. The instrument of ratification of the Convention deposited by the Russian Federation on 5 May 1998 contained the following reservation:
"In accordance with Article 64 of the Convention, the Russian Federation declares that the provisions of Article 5 paragraphs 3 and 4 shall not prevent... the temporary application, sanctioned by the second paragraph of point 6 of Section Two of the 1993 Constitution of the Russian Federation, of the procedure for the arrest, holding in custody and detention of persons suspected of having committed a criminal offence, established by Article 11 paragraph 1, Article 89 paragraph 1, Articles 90, 92, 96, 96-1, 96-2, 97, 101 and 122 of the RSFSR Code of Criminal Procedure of 27 October 1960, with subsequent amendments and additions..."
THE LAW
I. Alleged violation of Article 3 of the Convention
45. The applicant alleged that the use of handcuffs on him on 7 and 8 November 2001 had violated 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. Admissibility
46. The Government alleged that there was no evidence that the applicant had complied with the six-month rule under Article 35 § 1 of the Convention as regards his complaint concerning the handcuffing, as well as the complaint concerning his arrest and detention.
47. The Court observes that these complaints were first raised by the applicant in his letter dated 19 May 2004, whereas the relevant final decision was taken on 10 December 2003. He reiterated his complaints in the application form on 19 July 2004 and his subsequent correspondence. The Government's objection is therefore dismissed.
48. The Court considers that the complaint under Article 3 of the Convention is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
1. The parties' submissions
49. The Government submitted that the handcuffing had been aimed at protecting the applicant, in particular from any further attempt at self-mutilation. The handcuffing had been connected with a lawful arrest and detention and thus as such did not run counter to the requirements of Article 3 of the Convention, in particular given the appropriate conditions of the applicant's detention (see paragraph 10 above).
50. The applicant submitted that he had had no information about the accusation against him and saw the swallowing of a safety pin and a threat to slit his veins as the only possible way of attracting the attention of the competent authorities beyond the control of police officers. The guards had not made any reports on the relevant days about his behaviour. Handcuffing was unlawful under the Custody Act as a means of putting an end to mass disorder. There had been no valid reason for using handcuffs on him. His requests for information on the reasons for his arrest had not amounted to provocative behaviour. The prison staff's actions had amounted to inhuman and degrading treatment (see paragraph 9 above). They could instead have carried out a body search and then locked him in solitary confinement.
2. The Court's assessment
51. Th
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