first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system. At the beginning of the 2001 visit, the delegation was informed that the remand prison population had decreased by 30,000 since 1 January 2000. An example of that trend was SIZO No 1 in Vladivostok, which had registered a 30% decrease in the remand prison population over a period of three years.
...
The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding, including instructions issued by the Prosecutor General's Office, aimed at a more selective use of the preventive measure of remand in custody. Nevertheless, the information gathered by the Committee's delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2).
...
125. As during previous visits, many prisoners expressed scepticism about the operation of the complaints procedure. In particular, the view was expressed that it was not possible to complain in a confidential manner to an outside authority. In fact, all complaints, regardless of the addressee, were registered by staff in a special book which also contained references to the nature of the complaint. At Colony No 8, the supervising prosecutor indicated that, during his inspections, he was usually accompanied by senior staff members and prisoners would normally not request to meet him in private "because they know that all complaints usually pass through the colony's administration".
In the light of the above, the CPT reiterates its recommendation that the Russian authorities review the application of complaints procedures, with a view to ensuring that they are operating effectively. If necessary, the existing arrangements should be modified in order to guarantee that prisoners can make complaints to outside bodies on a truly confidential basis."
THE LAW
I. Alleged violation of Article 3 of the Convention
59. The applicant complained that the conditions of his detention in detention facilities Nos. IZ-47/1 and IZ-47/4 in St Petersburg had been in breach 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. Submissions by the parties
60. The Government, while alleging manifestly ill-founded character of the applicant's complaint, acknowledged that the domestic sanitary norm of four square metres of personal space per inmate had not been respected in detention facility No. IZ-47/1. As regards facility No. IZ-47/4, the Government stressed that the applicant's claims were not supported by any evidence. They further argued that the domestic authorities were not the only ones liable for the lack of relevant data, showing the number of inmates in the detention facilities. It was also open to the applicant to summon the domestic courts' assistance in obtaining evidence in support of his allegations of poor conditions of detention.
61. The applicant insisted that the conditions of his detention had been inhuman and degrading. He further noted that in the absence of measuring instruments he had been unable to correctly assess the size of the cells in which he had been detained in both detention facilities. He was however prepared to accept that the Government's submissions in respect of that aspect of his detention were accurate. In addition, the applicant argued
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