Постановление Европейского суда по правам человека от 23.09.2010 «Дело Александр Леонидович Иванов (Aleksandr Leonidovich Ivanov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALEKSANDR LEONIDOVICH IVANOV v. RUSSIA
(Application No. 33929/03)

JUDGMENT <*>

(Strasbourg, 23.IX.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Aleksandr Leonidovich Ivanov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 September 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 33929/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Aleksandr Leonidovich Ivanov ("the applicant"), on 10 September 2003.
2. The applicant was represented by Ms T. Ivanova, a lawyer practising in Moscow. The Russian Government ("the Government") were represented by Ms V. Milinchuk and then by Mr A. Savenkov, the then Representative and acting Representative of the Russian Federation at the European Court of Human Rights respectively.
3. On 7 January 2008 the President of the First Section decided to give notice of the application to the Government. It was decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1 of the Convention).
4. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

5. The applicant was born in 1981 and is serving a prison term in the Ryazan Region.

A. Criminal proceedings against the applicant

6. The applicant was a student of a State University, which trained law enforcement officers. On 3 March 2001 the applicant was arrested on suspicion of murder. By a judgment of 23 April 2002, the Omsk Regional Court convicted the applicant of theft and murder, and sentenced him to seventeen years' imprisonment. On 10 April 2003 the Supreme Court of the Russian Federation upheld the judgment.

B. Conditions of detention in the remand centre

1. The applicant's account

7. From 5 to 13 March 2001 the applicant was detained in a temporary detention centre in the town of Omsk. From 14 March 2001 to 10 June 2003 the applicant was detained in Omsk remand centre No. 55/1.
8. According to the applicant, he was kept in the remand centre in cell No. 163 (designed for eight persons) together with at least twenty other inmates. Owing to an insufficient number of beds, they had to sleep in shifts. The cell windows were covered with metal shutters that barred access to natural light and air. In 2003 the applicant was kept in the cell together with eight to ten other persons.
9. The applicant subsequently indicated that in 2001 - 02 he had been afforded less than two square metres of living space in the cell. The toilet was not separated from the living area. In the absence of any ventilation, the smell spre



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