Постановление Европейского суда по правам человека от 08.04.2010 «Дело Лутохин (Lutokhin) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF LUTOKHIN v. RUSSIA
(Application No. 12008/03)

JUDGMENT <*>

(Strasbourg, 8.IV.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Lutokhin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 18 March 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 12008/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Andrey Borisovich Lutokhin ("the applicant"), on 12 March 2003.
2. The applicant, who had been granted legal aid, was represented by Ms O. Preobrazhenskaya. The Russian Government ("the Government") were represented by Mr P. Laptev and Mrs V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. On 18 September 2006 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3). The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1968 and lives in Gatchina, Leningrad Region.

A. Criminal proceedings

5. On 10 July 2002 the Leningrad Regional Court convicted the applicant of abduction, robbery, aggravated robbery and extortion, and sentenced him to seven years' imprisonment.
6. The conviction and sentence were upheld on appeal on 19 December 2002.
7. By a decision of 27 October 2006 the Volgograd Town Court of the Volgograd Region released the applicant on parole.

B. Conditions of the applicant's detention

8. The applicant was apprehended on 12 April 2001 and was placed in a temporary confinement ward of the police department of Gatchina (изолятор временного содержания отдела внутренних дел г. Гатчины). On 16 April 2001 he was transferred to remand centre IZ-47/1 of Saint Petersburg (следственный изолятор ИЗ-47/1 г. Санкт-Петербурга) where he was detained until 11 March 2003.
9. The parties' descriptions of the conditions of his detention differ on a number of counts.

1. The applicant's account

10. The applicant submitted that his cell in the temporary confinement
ward of the police department of Gatchina ("the temporary confinement
2
ward") had measured 20 m , had been equipped with twenty-four sleeping
places and had been shared by thirty-six people at the time. Inmates had
received no bedding. The only window had been blocked wit



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