ion. That approach allowed the trial court to proceed with the reading-out of the pre-trial deposition despite the absence of consent from one of the parties. The Supreme Court interpreted Article 281 as requiring consent from both parties only when the trial court decided to read out a pre-trial statement of its own motion rather than in response to a request from one of the parties.
4. Jurisprudence of the Constitutional Court of Russia
44. In its admissibility decision of 27 October 2000 (No. 233-O), the Constitutional Court held that the reading-out of pre-trial depositions should be considered as an exception to the court's own assessment of the evidence and should not upset the procedural balance between the interests of the prosecution and those of the defence. If a party insisted on calling a witness whose testimony might be important to the case, the court had to take all available measures to ensure that witness's presence in court. Where that witness was available for questioning, the reading-out of his or her deposition should be considered inadmissible evidence and should not be relied upon. However, where the witness was not available for questioning, the defence was still to be provided with appropriate procedural safeguards such as a challenge to the deposition in question, a motion to challenge it by way of examining further evidence or a pre-trial face-to-face confrontation between that witness and the defendant, at which the latter was given an opportunity to put questions to the former (see also the admissibility decision of 7 December 2006 (No. 548-O)).
B. Re-opening of criminal proceedings
45. Article 413 of the 2001 Code of Criminal Procedure provides that criminal proceedings may be reopened if the European Court of Human Rights has found a violation of the Convention.
C. Conditions of detention
46. Order No. 7 issued on 31 January 2005 by the Federal Service for the Execution of Sentences deals with implementation of the "Remand centre 2006" programme. The programme is aimed at improving the functioning of remand centres so as to ensure their compliance with the requirements of Russian legislation. It expressly acknowledges the issue of overcrowding in pre-trial detention centres and seeks to reduce and stabilise the number of detainees in order to resolve the problem. The programme mentions Tver remand centre No. 69/1 as one of the detention centres affected. As of 1 July 2004, its design capacity was 1,160 detainees but it actually housed 1,587 inmates.
47. Pursuant to Article 89 § 4 of the Code of Execution of Sentences, in force at the material time, for the purpose of receiving legal advice prisoners could have visits from advocates or other persons entitled to provide legal advice. Such visits were not subject to limitation as to their number and could not exceed four hours. At prisoners' request meetings with advocates could be held in private, without being heard by others.
48. The Internal Regulations for Penitentiary Facilities adopted by the Ministry of Justice on 3 November 2005 provided that if they so requested, detainees were allowed to have visits from advocates or other persons authorised to provide legal advice (§ 83). If so requested, such visits could be held in private out of the hearing of others and without the use of listening devices. There was no restriction on the number of such visits. By its decision of 26 June 2007, upheld on 11 September 2007, the Supreme Court ruled that paragraph 83 of the Regulations was unlawful as it made consultation with a lawyer subject to a request from the prisoner concerned. The Supreme Court concluded that this provision of the Regulations contradicted Article 89 § 4 of the Code of Execution of Sentences.
THE LAW
I. Alleged violation of Article
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