on 26 January 1996, as amended (in force at the time of the applicant's detention), the living space per detainee should be four square metres (para. 3.3 of the Regulations). It also made provision for cells in a temporary detention facility to be equipped with a table, toilet, tap water faucet, shelf for toiletries, drinking water tank, radio and refuse bin (para. 3.2 of the Regulations). Furthermore, the Regulations made provision for the detainees' right to outdoor exercise of at least one hour per day in a designated exercise area (para. 6.1, 6.40, and 6.43 of the Regulations).
III. Relevant international documents
14. The relevant extract from the 2nd General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (CPT/Inf (92) 3) reads as follows:
"42. Custody by the police is in principle of relatively short duration... However, certain elementary material requirements should be met.
All police cells should be of a reasonable size for the number of persons they are used to accommodate, and have adequate lighting (i.e. sufficient to read by, sleeping periods excluded) and ventilation; preferably, cells should enjoy natural light. Further, cells should be equipped with a means of rest (e.g. a fixed chair or bench), and persons obliged to stay overnight in custody should be provided with a clean mattress and blankets.
Persons in custody should be allowed to comply with the needs of nature when necessary in clean and decent conditions, and be offered adequate washing facilities. They should be given food at appropriate times, including at least one full meal (i.e. something more substantial than a sandwich) every day.
43. The issue of what is a reasonable size for a police cell (or any other type of detainee/prisoner accommodation) is a difficult question. Many factors have to be taken into account when making such an assessment. However, CPT delegations felt the need for a rough guideline in this area. The following criterion (seen as a desirable level rather than a minimum standard) is currently being used when assessing police cells intended for single occupancy for stays in excess of a few hours: in the order of 7 square metres, 2 metres or more between walls, 2.5 metres between floor and ceiling."
The CPT reiterated the above conclusions in its 12th General Report (CPT/Inf (2002) 15, § 47).
THE LAW
I. Alleged violation of Article 3 of the Convention
15. The applicant complained that he had been detained in appalling conditions in a temporary detention facility at the Severo-Evensk District police station in the Magadan Region in contravention of Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Admissibility
16. The Government considered that the application should be dismissed because the applicant had failed to exhaust domestic remedies. He had not appealed against the decision of the district prosecutor to dismiss his complaint. In particular, on 25 March 2005 the district prosecutor had received the applicant's complaint about the conditions of his detention. In response, the prosecutor had admitted that the applicant's allegations were true and had advised the applicant that the right existed to appeal against the decision to dismiss the complaint. However, the applicant had not done so. The Government further argued that the applicant had also had the opportunity to bring a compensation action for non-pecuniary damage resulting from the unsatisfactory conditions of detention. Lastly, the applicant, who had had an opportunity to meet regularly with his lawyer, could have complained to the latter that the conditions of his detention we
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