Постановление Европейского суда по правам человека от 30.07.2009 «Дело Ананьин (Ananyin) против России» [англ.]

d from 7 April to 30 October 2006 measured 19.7 sq. m and housed nine to fourteen inmates;
- cell No. 103 where the applicant was held from 30 October to 30 November 2006 measured 8.2 sq. m and housed five to seven inmates;
- cell No. 30 where the applicant was held from 30 November 2006 to 27 March 2007 and from 30 March to 2 April 2007 measured 18.04 sq. m and housed eight to nineteen inmates;
- cell No. 220 where the applicant was held from 27 to 30 March 2007 measured 27.2 sq. m and housed two to three inmates;
- cell No. 153 where the applicant was held from 2 April to 8 May 2007 measured 15.7 sq. m and housed two to four inmates;
- cell No. 36 where the applicant was held from 8 May to 6 November 2007 measured 33.05 sq. m and housed seventeen to nineteen inmates;
- cell No. 123 where the applicant was held from 6 to 9 November 2007 and from 12 November 2007 to 22 January 2008 measured 17.1 sq. m and housed two to six inmates;
- cell No. 122 where the applicant was held from 9 to 12 November 2007 and from 22 January to 2 April 2008 measures 16.7 sq. m and housed one to four inmates.
46. On several occasions the applicant was transferred for short periods of several days to other detention facilities.
47. Relying on certificates of 2 April 2008 from the facility administration, the Government further submitted that the applicant had at all times had a separate bunk and had been provided with bedding. The cells had natural light and were ventilated through the windows and were also equipped with fans. The average temperature inside was 18 to 20 °C in winter and 24 to 26 °C in summer. Inmates had an hour's exercise daily.
48. It follows from the same certificates that all cells were equipped with a lavatory bowl. This was separated from the living area by a partition of 1.5 metres in height. The dining table was situated at least two metres away from the toilet bowl. There were no insects or rodents in the detention facility, as all the cells were disinfected every month. The inmates were allowed to take a shower once a week and were provided at that time with clean bedding and towels. Finally, the Government submitted that inmates were provided with food three times a day. Boiled drinking water was distributed daily.
49. Finally, the Government submitted that the detention facility housed a medical unit which was open twenty-four hours a day and had all the necessary equipment and medication for high-standard medical assistance.

II. Relevant domestic law

50. Since 1 July 2002 criminal law matters have been governed by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001).
51. "Preventive measures" or "measures of restraint" (меры пресечения) include an undertaking not to leave a town or region, personal surety, bail and detention (Article 98). If necessary, the suspect or accused may be asked to give an undertaking to appear (обязательство о явке) (Article 112).
52. When deciding on a preventive measure, the competent authority is required to consider whether there are "sufficient grounds to believe" that the accused would abscond during the investigation or trial, reoffend or obstruct the establishment of the truth (Article 97). It must also take into account the gravity of the charge, information on the accused's character, his or her profession, age, state of health, family status and other circumstances (Article 99).
53. Detention may be ordered by a court if the charge carries a sentence of at least two years' imprisonment, provided that a less restrictive preventive measure cannot be applied (Article 108 § 1).
54. After arrest the suspect is placed in custody "during the investigation". The period of detention during the investigation may be extended beyond six months only if



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