rt decided to stay the proceedings and asked the applicant to produce evidence. That decision was quashed on appeal by the Kaliningrad Regional Court and the case was sent back to the District Court for an examination on the merits.
35. On 30 September 2003 the applicant received a letter dated 1 September 2003 from the District Court, informing him that a preliminary hearing had been fixed for 8 September 2003, and that he had the right to appoint a representative or ask the District Court to adjudicate the action in his absence. The applicant was also informed that his presence at hearings was not mandatory under Russian law.
36. On 24 September 2003 the applicant received a letter from the District Court, sent on 19 September 2003. He was informed of the first hearing listed for 20 October 2003. The remaining text of the letter was identical to the letter of 1 September 2003.
37. The applicant wrote to the District Court seeking leave to appear. He explained that he could not appoint a lawyer as he had no funds to pay for his services.
38. On 24 November 2003 the Tsentralniy District Court, in the applicant's absence, dismissed the action as unsubstantiated. The District Court held, in particular, as follows:
"...[it was] established that [the applicant], when in the detention facility, had been held in cells which were designed [to house] six detainees..., in particular in cell No. 16 measuring 7.9 sq. m..., in cell No. 45 measuring 8 sq. m..., in cell No. 57 measuring 7.8 sq. m... and in cell No. 54 measuring 7.7 sq. m... There are no data on the number of inmates in those cells.
...cells had central heating, water supply, a sewerage system, natural and artificial lighting and artificial ventilation. There were two-tier bunks with bedding in the cells. The lighting in the cells emitted 50 - 75 lux, and the temperature in the cells satisfied the sanitary requirements and was 18 degrees Celsius above zero... At the material time and at present repair work was/is being performed in cells... Spot-checks of the sanitary conditions in the cells were carried out and no serious violations were established. Detainees clean up their cells once a day (in the mornings)... Medical staff monitored sanitary conditions in cells...
The cells where the applicant was detained had a lavatory pan and a tap. ...the cells had cell furniture. The walls of the cells were smoothly plastered and painted. Metal plates on the windows were installed in accordance with the requirements... Inmates were given no less than fifteen minutes to take a shower... If necessary, following a written request, a detainee could be granted additional opportunities to take a shower.
...Detainees were provided with food in accordance with the norms established by the Government of the Russian Federation..."
39. On 11 December 2003 the applicant informed the District Court that he wished to appeal against the judgment of 24 November 2003. He asked for a copy of the defendant's counterclaim and copies of other documents submitted to the District Court by the defendant. According to the applicant, the request received no response. The Government, relying on copies of registration logs of incoming and outgoing mail in the correctional colony in which the applicant had been detained at the material time and copies of the applicant's handwritten notes confirming receipt of the documents, submitted that the applicant had been served with copies of all documents requested by him from the District Court.
40. On 16 December 2003 the applicant lodged his statement of appeal, complaining, inter alia, that the District Court had failed to ensure his presence at the hearings despite his requests to that effect and that he had had no opportunity to appoint a representative. He further argued that he had not been able to study the materials presented to the District Court
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