4 - 06, 13 July 2006; Mamedova v. Russia, No. 7064/05, §§ 55 - 58, 1 June 2006; and Kalashnikov v. Russia (dec.), No. 47095/99, ECHR 2001-XI (extracts)).
122. In the light of the parties' submissions, the Court finds that the applicant's complaints raise serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. The Court concludes that these complaints are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. No other grounds for declaring them inadmissible have been established.
B. Merits
123. The Government conceded that the facility, and in particular cell No. 55 in which the applicant had been held between 15 December 2004 and 31 August 2007, had been "somewhat" overcrowded, but argued that the conditions of his detention had not breached Article 3 of the Convention. They also referred to the fact that the applicant's complaints in respect of the conditions of his detention had been rejected by the domestic courts as unsubstantiated (see paragraphs 84, 86 and 89).
124. The applicant disagreed and maintained his complaints. He argued that the data and figures provided by the Government were inaccurate and incomplete.
125. The parties disagreed as to the specific conditions of the applicant's detention in IZ/33-1. However, there is no need for the Court to establish the veracity of each and every allegation, as it has sufficient documentary evidence in its possession to confirm the applicant's allegations of severe overcrowding in pre-trial detention centre IZ-33/1, and this in itself is sufficient to conclude that Article 3 of the Convention has been breached.
126. The Court observes that it has previously, in two cases, examined the conditions of detention in pre-trial detention centre IZ-33/1 and on both occasions found them to have been incompatible with the requirements of Article 3 of the Convention on account of severe overcrowding in that facility. In the case of Mamedova v. Russia (No. 7064/05, §§ 61 - 67, 1 June 2006), the complaints related to the period of time between 23 July 2004 and 19 May 2005, whilst in the case of Sukhovoy v. Russia (No. 63955/00, §§ 20 - 34, 27 March 2008) the applicant's submissions referred to the period from 8 January to 2 August 2000. The existence of such a deplorable state of affairs in IZ-33/1 may also be inferred from the information contained in Order No. 7 of the Federal Service for the Execution of Sentences of 31 January 2005 (see paragraphs 104 - 106), which expressly acknowledges the issue of overcrowding in IZ-33/1 and states that, on 1 July 2004, the detention centre had a capacity of 507 inmates and in reality housed 1,009 detainees.
127. In view of the above and having regard also to the evidence submitted by the parties and in particular the admissions made by the head of the Vladimir Regional Department of the Federal Service for Execution of Sentences, in his letter of 27 March 2008 (see paragraph 99), the Court observes that the case file contains sufficient indication that the prison in question was experiencing severe overcrowding of its premises during the applicant's stay there. In this respect, the Court cannot accept the certificate of 19 March 2008 issued by the prison administration as sufficiently conclusive, as it lacks any reference to the original prison documentation and is apparently based on personal recollections and not on any objective data (see Igor Ivanov v. Russia, No. 34000/02, § 34, 7 June 2007, and Belashev v. Russia, No. 28617/03, § 52, 13 November 2007). Furthermore, it finds irrelevant the Government's reference to the conclusions of the domestic courts made in the course of the detention and trial proceedings (see paragraphs 84, 86 and 89), as the domestic courts in those proceedings were not empowered to make any factual
> 1 2 3 ... 11 12 13 ... 20 21 22