d when the numbers held go beyond a reasonable occupancy level; further, in such a situation the excessive burden on communal facilities such as washbasins or lavatories and the insufficient ventilation for so many persons will often lead to deplorable conditions.
30. The CPT frequently encounters devices, such as metal shutters, slats, or plates fitted to cell windows, which deprive prisoners of access to natural light and prevent fresh air from entering the accommodation. They are a particularly common feature of establishments holding pre-trial prisoners. The CPT fully accepts that specific security measures designed to prevent the risk of collusion and/or criminal activities may well be required in respect of certain prisoners... [E]ven when such measures are required, they should never involve depriving the prisoners concerned of natural light and fresh air. The latter are basic elements of life which every prisoner is entitled to enjoy..."
THE LAW
I. Alleged violation of Article 3 of the Convention
116. Under Article 3 of the Convention the applicant complained that the conditions of his detention in pre-trial detention centre IZ-33/1 had been deplorable. Article 3 provides as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Admissibility
117. The Government argued that, in view of the fact that the application had been lodged on 27 June 2005, the Court could only examine the events relating to the conditions of detention six months before this date, that is to say starting from 27 December 2004. Accordingly, they commented only on the period between 27 December 2004 and 31 August 2007.
118. The Government further submitted that the applicant had failed to exhaust available domestic remedies. According to them, he could have applied to the domestic courts with claims for compensation in respect of any non-pecuniary damage allegedly resulting from his conditions of detention.
119. The applicant disagreed and maintained his complaints.
120. As regards its competence ratione temporis to examine the events at issue, the Court would note that the complaint about the applicant's detention in IZ-33/1 between 4 March 2004 and 31 August 2007 relates to a set of uninterrupted events which took place in the same prison over a period of 3 years, 5 months and 28 days and it therefore falls within its competence entirely (see, for example, Koval v. Ukraine (dec.), No. 65550/01, 30 March 2004). Accordingly, the Government's argument concerning the application of the six-month rule is dismissed.
121. In as much as the Government claim that the applicant has not complied with the rule on exhaustion of domestic remedies, the Court finds that the Government did not specify with sufficient clarity the type of action which would have been an effective remedy in their view, nor did they provide any further information as to how such action could have prevented the alleged violation or its continuation or provided the applicant with adequate redress. Even if the applicant, who at the relevant time was still being held in detention on remand, had been successful, it is unclear how the claim for damages could have afforded him immediate and effective redress. In the absence of such evidence and having regard to the above-mentioned principles, the Court finds that the Government did not substantiate their claim that the remedy or remedies the applicant had allegedly failed to exhaust were effective ones (see, among other authorities, Kranz v. Poland, No. 6214/02, § 23, 17 February 2004, and Skawinska v. Poland (dec.), No. 42096/98, 4 March 2003). For the above reasons, the Court finds that this part of the application cannot be rejected for non-exhaustion of domestic remedies (see also Popov v. Russia, No. 26853/04, §§ 20
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