Постановление Европейского суда по правам человека от 29.04.2010 «Дело Христофоров (Khristoforov) против России» [англ.]

July 2005 the applicant was found guilty of manslaughter. On 23 August 2005 he was transferred to a remand prison in Magadan.
11. On 7 July 2006 the Magadan Regional Police Department conducted an inquiry in response to the Government's request in connection with the present application pending at the time before the Court. In particular, Colonel S. in charge of the inquiry stated the following in his report:
"The inquiry confirms the truthfulness of the [applicant's] allegations about the lack of proper living conditions in the temporary detention facility at the [police station] in the Severo-Evensk District.
According to the technical passport, in March 1999 the [police station] and the temporary detention facility were deployed at the former premises of a [local] newspaper.
No funds, either from the federal or local budget, had been allocated for the construction and equipping of the temporary detention facility, so all the work had to be carried out by [police station] personnel.
...
...Until 2006, no finance had been obtained for the repair and reconstruction of the [police station]. Accordingly, at the temporary detention facility, it had been impossible to comply with the standards set forth in the [federal legislation].
There are four cells at the temporary detention facility. The cells have no windows. There is no water supply or sewage system. Nor is there an outdoor exercise area or surrounding fence.
From 3 to 17 January and from 11 February to 23 March 2005 [the applicant] was detained in cell No. 1, which measured 7.2 square metres.
From 17 January to 11 February and from 23 March to 23 August 2005, he was detained in cell No. 2, which measured 10.9 square metres.
All the cells at the temporary detention facility are equipped with individual sleeping places. The detainees are provided with bed linen, plates, janitorial supplies, soap, detergent and drinking water tanks.
The cells are connected to the municipal central-heating system. The lighting is provided by electricity.
At the time of the applicant's detention, cell No. 2 was equipped with a fan... installed above the door. Furthermore, the cells are ventilated daily through the hatches in the doors. The hallway... is equipped with extractor fans.
As there is no designated area for outdoor exercise, the detainees (including [the applicant]) have a one-hour walk in a room measuring thirty-seven square metres. In that room, there are two big windows covered with metal bars. During the exercise break, the window hatches are kept open.
The temporary detention facility has one lavatory. The detainees are always taken there once in the morning and once in the evening. Throughout the rest of the day, they may use the lavatory, if they so request. At night, that is, between 10 p.m. and 6 a.m., they use plastic buckets provided in each cell."

II. Relevant domestic law

12. The Federal Law on Detention of Suspects and Defendants charged with Criminal Offences, in effect, as amended, since 21 June 1995, provides that suspects and defendants detained pending investigation and trial are held in remand prisons (Article 8). They may be transferred to temporary detention facilities if so required for the purposes of investigation or trial and if transportation between a remand prison and a police station or courthouse is not feasible because of the distance between them. Such detention at a temporary detention facility may not exceed ten days per month (Article 13). Temporary detention facilities at police stations are designated for the detention of persons arrested on suspicion of a criminal offence (Article 9).
13. According to the Internal Regulations of Temporary Detention Facilities, approved by Order No. 41 of the Ministry of the Interior of the Russian Federation



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