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Постановление Европейского суда по правам человека от 24.06.2010 «Дело Велиев (Veliyev) против России» [англ.]





ilets were situated close to the dining table and were very dirty. No toilet accessories, such as toilet paper, toothpaste, toothbrushes or toilet soap, were provided by the prison administration. There was no ventilation and many inmates were heavy smokers. The air in the cells was very humid. The walls in all cells were infested with mice, lice and insects. There was furthermore no proper day-time light so that it was impossible to read and write. Each cell was provided with one bucket of warm water per day. It was possible to take a fifteen-minute shower once a week. The inmates had no access to clean water and had to drink tap water. The cells were not cleaned. The prison walks took place within a limited space almost entirely covered by a roof.

2. The Government's account of conditions
of detention in IZ-33/1

96. The Government commented only on the period starting from 15 December 2004.
97. As of that date and until 31 August 2007 the applicant was detained in cell No. 55 measuring 46.68 square metres and equipped with 16 sleeping places. The Government submitted a certificate dated 19 March 2008, in which the head of prison administration and a senior inspector certified that there had been between 12 and 16 inmates in the cell at the relevant period of time. At the same time, they conceded that the cell had been "somewhat overcrowded".
98. The applicant was provided with an individual sleeping place and bedding. Cell No. 55 had two glazed windows which let daylight through. According to the Government, the toilet in the cell was partitioned from the rest of the living area, and there was a regular water supply and heating in the cell. The applicant was fed three times a day and had the possibility of taking a one to two hour walk once a day.
99. In a letter dated 27 March 2008 addressed to the Court the head of the Vladimir Regional Department of the Federal Service of Execution of Sentences, submitted that, at the time of the applicant's detention, facility IZ-33/1 had been overcrowded, but argued that such overcrowding had been insignificant and offered to pay the applicant 4,085 Russian roubles (RUB) in compensation for any damage suffered.

II. Relevant domestic law

A. Rules on the prison regime in pre-trial
detention centres (as approved by Ministry of Justice
Decree No. 148 of 12 May 2000)

100. Rule 42 provided that all suspects and accused persons in detention had to be given, among other things: a sleeping place, bedding, including one mattress, a pillow and one blanket; bed linen, including two sheets and a pillow case; a towel; tableware and cutlery, including a bowl, a mug and a spoon; and seasonal clothes (if the inmate had no clothes of his own).
101. Rule 44 stated that cells in pre-trial detention centres were to be equipped, among other things, with a table and benches with a number of seating places corresponding to the number of inmates, sanitation facilities, tap water and lamps to provide day-time and night-time illumination.
102. Rule 46 provided that prisoners were to be given three warm meals a day, in accordance with the norms laid down by the Government of Russia.
103. Under Rule 47 inmates had the right to have a shower at least once a week for at least fifteen minutes. They were to receive fresh linen after taking their shower.

B. Order No. 7 of the Federal Service for the Execution
of Sentences dated 31 January 2005

104. Order No. 7 of the Federal Service for the Execution of Sentences of 31 January 2005 deals with implementation of the "Pre-trial detention centres 2006" programme.
105. The programme is aimed at improving the functioning of pre-trial detention centres so as to ensure their compliance with the requirements of Russi



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