ns had been in fact established by the domestic courts, that the cells in the remand prison where he was detained were constantly overcrowded. At times, the space the cells afforded did not exceed 0.78 sq. m per person. Besides, the number of beds was insufficient and the applicant had to take turns with other inmates to sleep. Given that the applicant was allowed no more than an hour's exercise per day, he remained confined in such conditions practically all day for a period of approximately eight months.
41. The Court reiterates that irrespective of the reasons for the overcrowding, it is incumbent on the respondent Government to organise their custodial system in such a way as to ensure respect for the dignity of detainees, regardless of financial or logistical difficulties (see Mamedova v. Russia, No. 7064/05, § 63, 1 June 2006, and Benediktov v. Russia, No. 106/02, § 37, 10 May 2007).
42. The Court has frequently found a violation of Article 3 of the Convention on account of the lack of personal space afforded to detainees (see, among other authorities, Kalashnikov v. Russia, No. 47095/99, §§ 97 et seq., ECHR 2002-VI; Khudoyorov v. Russia, No. 6847/02, §§ 104 et seq., ECHR 2005-X; Labzov v. Russia, No. 62208/00, §§ 44 et seq., 16 June 2005; Mayzit v. Russia, No. 63378/00, §§ 39 et seq., 20 January 2005; and Novoselov v. Russia, No. 66460/01, §§ 41 et seq., 2 June 2005).
43. Having regard to its case-law on the subject and the materials in its possession, the Court notes that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. Although there is no indication in the present case that there was an intention on the part of the authorities to humiliate or debase the applicant, the Court finds that the fact he was obliged to live, sleep and use the facilities in the same cells as so many other inmates for almost eight months in severely crowded conditions, was itself sufficient to cause distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention, and to arouse in him feelings of fear, anguish and inferiority capable of humiliating and debasing him.
44. There has therefore been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in remand prison No. IZ-39/1 in Kaliningrad between 5 May and 30 December 1998, which it considers to have been inhuman and degrading within the meaning of this provision.
45. In view of the above finding, the Court does not consider it necessary to examine the remainder of the parties' submissions concerning the sanitary and hygienic conditions of the cells where the applicant was detained.
II. Alleged violation of Article 13 of the Convention
in respect of the conditions of the applicant's detention
46. The applicant complained that no effective domestic remedies had been available to him in respect of the violation of his rights set out in Article 3 of the Convention. He relied on Article 13 of the Convention, which reads as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
A. Admissibility
47. The Court notes that this complaint 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
48. The Government pointed out that the applicant had had preventive and compensatory effective domestic remedies at his disposal. In support of their argu
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