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Постановление Европейского суда по правам человека от 12.05.2010 «Дело Косицын (Kositsyn) против России» [англ.]





as limited to sprinkling it with bleach.
10. After about a week, the prison administration moved the applicant to a cell meant for former policemen. This cell was located in the basement and measured seven square metres. It housed between eight and nineteen prisoners, even though there were only six bunk beds. The prisoners had to sleep in shifts of three to four hours a day. The window was covered with a metal shutter in which there were 1 cm holes; too small to let through either light or fresh air. There was no ventilation. The walls had a thick, dirty, wet concrete coating. A weak filament light stayed on day and night. In one corner of the cell, there was a toilet - a concrete cube raised above the floor. The toilet was not partitioned off from the cell, offered no privacy, and lacked a flush. Above it, there was a service water tap used for washing. The dining table stood one metre away from the toilet. The cell swarmed with cockroaches, bed bugs and ants.
11. In both cells, the applicant had to share bunk beds, and had no bedding, or toiletries. A fifteen-minute shower was available once every fortnight. Because the cells were constantly overcrowded, and because many prisoners smoked, the applicant remained immobile in the stuffy air for long periods of time. Relief came from outside walks, but they were rare and short (thirty to forty minutes a day), and the yard was also overcrowded (seven to fourteen people in seven to eight square metres). There was no drinking water in the cells. The food was cold, tasteless and slovenly served. During his stay in the prison the applicant, who usually weighed sixty kilograms, lost ten kilograms in weight.
12. Along with his own description, the applicant submitted three witness statements by persons who had been detained in the prison at about the same time as him. Mr A.K. was detained in the prison from December 1998 to August 2000 and confirmed the applicant's description of the prison. Mr M.T. was detained in the prison from February 1996 to October 1999. He confirmed the applicant's description of the prison and added that the bunk beds in the cells were crudely made of sharp metal rods which caused injuries to the prisoners. Mr Y.V. was detained in the prison from August 1999 to May 2000 and confirmed the applicant's description of the prison.

2. The Government's account of detention conditions
in the remand prison

13. During his detention in the prison the applicant, as a former policeman, was detained in two cells for former policemen. These cells measured 13.6 and 7.8 square metres. The prison administration provided the applicant with a bunk bed, bedding, and dishes. The cells were in a satisfactory sanitary condition, no prisoners had lice, tuberculosis, or other infectious diseases. The cells had central heating, running water, sewage, natural and artificial light, natural ventilation, two-storey beds, toilets and sinks. The average temperature in winter was 18 °C, the average amount of light was 75 - 100 lux. The prison administration systematically disinfected the cells. Food met statutory requirements.

II. Relevant domestic law

14. Section 22 of the Detention of Suspects Act (Federal Law No. 103-FZ of 15 July 1995) provides that detainees should be given free food sufficient to maintain them in good health according to standards established by the Government of the Russian Federation. Section 23 provides that detainees should be kept in conditions which satisfy the sanitary and hygiene requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell.

THE LAW

I. Alleged violation of Article 3 of the Convention

15. The appli



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