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Постановление Европейского суда по правам человека от 22.12.2009 "Дело "Скоробогатых (Skorobogatykh) против Российской Федерации" [рус., англ.]





2003 (see, by contrast, {Lacin}, cited above, where the Commission considered the applicant's complaint to have been introduced out of time, since he made use of the domestic remedy of whose ineffectiveness he had earlier been advised by the lawyer assisting him with the application to the Commission).
34. Having regard to the above, the Court concludes that, by introducing the complaint about conditions of his detention on 15 November 2003, the applicant complied with the six-month rule, and the complaint cannot be rejected pursuant to Article 35 § 4 of the Convention. The Court further notes that this is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

1. The parties' submissions

35. The Government claimed that the conditions of the applicant's detention in the remand prison were satisfactory and in compliance with applicable domestic norms and standards. They based their submissions on the certificates issued by the administration of the remand prison on 16 and 27 March 2007, noting that the original official records had been destroyed in March 2005 after the statutory period for their storage had expired.
36. The applicant maintained his complaint. He noted that the conditions of detention at remand prison No. IZ-39/1 in Kaliningrad were the subject of many applications pending before Court.

2. The Court's assessment

37. The Court reiterates that Article 3 enshrines one of the fundamental values of democratic society. The Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances or the victim's behaviour (see, among other authorities, Labita v. Italy [GC], No. 26772/95, § 119, ECHR 2000-IV). The Court has consistently stressed that the suffering and humiliation involved must in any event go beyond the inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment. Although measures depriving a person of liberty may often involve such an element, in accordance with Article 3 of the Convention the State must ensure that a person is detained under conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship exceeding the unavoidable level of suffering inherent in detention (see {Kudla} v. Poland [GC], No. 30210/96, §§ 92 - 94, ECHR 2000-XI).
38. Turning to the facts of the instant case, the Court notes that the parties disagreed as to most aspects of the conditions of the applicant's detention. However, there is no need for the Court to establish the veracity of each and every allegation, because it can find a violation of Article 3 on the basis of the facts presented to it by the applicant, which the respondent Government did not dispute (see Grigoryevskikh v. Russia, No. 22/03, § 55, 9 April 2009).
39. In particular, the Court observes that the parties were in agreement as far as the area of cells where the applicant was detained was concerned. The Court further notes that the Government's submissions were silent as to the applicant's argument about overcrowding of the cells where he had been detained. They merely noted that the relevant official records had been destroyed after the time-limit for their storage had expired. Nor did they provide any comment as to the domestic courts' finding that the applicant had indeed been detained in overcrowded cells.
40. The Court accepts that the Government have duly accounted for their failure to provide the relevant official documents. Nevertheless, the Court agrees with the applicant, the truthfulness of whose allegatio



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