Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Питалев (Pitalev) против Российской Федерации" [рус., англ.]

eer Lorenzen, President,
Karel Jungwiert,
Rait Maruste,
Anatoly Kovler,
Mark Villiger,
Isabelle {Berro-Lefevre},
Zdravka Kalaydjieva, judges,
and Stephen Phillips, Deputy Section Registrar,
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 34393/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Sergey Gennadyevich Pitalev ("the applicant"), on 24 September 2003.
2. The applicant, who had been granted legal aid, was represented by Ms O. Preobrazhenskaya, a lawyer practising in Strasbourg. The Russian Government ("the Government") were represented by Mrs V. Milinchuk and subsequently by Mr G. Matyushkin, Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, a violation of Article 3 of the Convention on account of the conditions in the correctional facilities.
4. On 28 April 2008 the President of the Fifth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3) and to give priority to the case under Rule 41 of the Rules of Court.
5. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1970. He is currently serving his sentence in penitentiary institution УЩ-349/2 in Yekaterinburg.

A. Criminal proceedings against the applicant

7. On 28 April 2001 the applicant was arrested and remanded in custody on suspicion of inflicting grievous bodily harm resulting in the death of the victim. On 27 June 2002 the Podolskiy Town Court convicted the applicant of inflicting grievous bodily harm resulting in death and sentenced him to eight years' imprisonment. On 14 October 2002 the Moscow Regional Court upheld the judgment. The applicant was held in a pre-trial detention facility till 3 December 2002.

B. Conditions of the applicant's detention
in correctional colony IK-3

8. Between 3 December 2002 and 9 June 2005, excluding three periods from 4 July to 12 September 2003, from 22 June to 9 July 2004 and from 19 November to 10 December 2004, the applicant served his sentence in correctional colony IK-3, Ryazan Region (ИК-3 Рязанской области, учреждение ЯМ 401/3).
9. The applicant was kept in units (отряды) Nos. 3 and 5. The parties' descriptions of conditions in IK-3 differ in a number of respects.

1. The applicant's account

10. The applicant submitted that in unit No. 5 there were approximately another seventy detainees and in unit No. 3 around fourteen detainees. He had an individual sleeping place for the whole period of detention; however, the sanitary conditions in the colony were inadequate. The central heating in their dormitory was insufficient, and during the winter the convicts slept fully clothed. In summer it was very hot in the cell, and due to its overcrowding the air was stale and musty. The toilet was situated in a separate unheated area, and it was extremely cold there in winter. No hygiene facilities were provided. Food was of a very poor quality, the usual ration included white bread, barley porridge and semi-sweet tea in the morning, barley soup and porridge at lunch time, and mashed potatoes



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