ompensation for damage resulting from his pre-trial detention in appalling conditions and lack of medical assistance. The applicant claimed an award for non-pecuniary damage in the amount of 99,000 Russian roubles (RUB). He also sought leave to appear before the court and asked for a lawyer to be appointed to represent him.
16. On an unspecified date the Tsentralniy District Court of the Kaliningrad Region informed the applicant that the applicable laws did not provide for the attendance of persons serving a prison sentence at a hearing concerning the determination of their civil rights and obligations. The court further advised the applicant of his right to submit observations in writing and/or to appoint a representative and communicated to him the date and time of the court hearing.
17. On 22 April 2003 the District Court heard the case in the applicant's absence. The respondent parties were present. They made oral submissions to the court and presented written evidence. The court dismissed the applicant's claims in full. Firstly, the court accepted that the applicant had been detained in overcrowded cells pending investigation and trial. After reviewing the applicant's medical file the court found that the applicant had received necessary medical assistance. The court examined the documents provided by the respondents to substantiate their argument that conditions of the applicant's detention had been in conformity with applicable standards, and dismissed the remainder of the applicant's allegations as unsubstantiated. Lastly, the court noted that Articles 1069 and 1070 of the Russian Civil Code were not applicable to his case, given that he had been detained lawfully.
18. On 24 September 2003 the Kaliningrad Regional Court considered the applicant's appeal against the judgment of 22 April 2003 in his absence. In sum, the appeal court noted that the overcrowding of the remand prison had been due to objective reasons and could not give rise to the respondent parties' civil liability, even though the latter conceded that the remand prison had been overcrowded. The court upheld the said judgment noting that (1) it had not been incumbent on the lower court to provide the applicant with free legal assistance and (2) the applicant had been duly notified of the date and time of the court hearing and had had ample opportunity to retain a representative to plead the case on his behalf.
II. Relevant domestic law and practice
A. Conditions of detention
19. Detainees should be provided with food free of charge and sufficient to maintain them in good health according to standards established by the Government of the Russian Federation (Section 22 of the Detention of Suspects Act in force as of 15 July 1995 ("the Act")). The conditions of their detention should satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place, bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell (Section 23 of the Act).
B. Compensation for damages
20. The damage caused to the person or his or her property shall be compensated in full by the tortfeasor (Article 1064 § 1 of the Civil Code of the Russian Federation ("the CC")). A State agency or a State official shall be liable for damage caused by their unlawful actions or failure to act (Article 1069 of the CC). Such damage is to be compensated at the expense of the federal or regional treasury.
C. Presence in court
21. Parties to civil proceedings may appear before a court in person or act through a representative (Article 48 of the Code of Civil Procedure in force as of 1 February 2003 ("the CCP")). A court may appoint an advocate to represent a defendant whose place of residence is no
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