nal documents
25. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the Russian Federation from 2 to 17 December 2001. The section of its Report to the Russian Government (CPT/Inf (2003) 30) dealing with the conditions of detention in penitentiary institutions reads as follows:
45. It should be stressed at the outset that the CPT was pleased to note the progress being made on an issue of great concern for the Russian penitentiary system: overcrowding.
When the CPT first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system....
The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding... Nevertheless, the information gathered by the Committee's delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2)...
46. In the course of the 2001 visit, the CPT's delegation also noted that the regular supply of anti-tuberculosis drugs in sufficient quantities was ensured in the regions visited. This is another important achievement...
92. ...Hardly any complaints were heard about the quality and quantity of the food served. Prisoners with tuberculosis and HIV positive prisoners benefited from a special diet which entitled them to milk and margarine. However, a verification of the food stocks by a medical member of the delegation revealed that prisoners rarely consumed meat. Further, the level of proteins in the prisoners' diet was rather low...
The CPT recommends that:
- efforts be made to decrease occupancy levels in the dormitories with
the most cramped conditions..., inter alia through a more even allocation
of prisoners between the units; as already indicated (cf. paragraph 53 of
the report on the 1999 periodic visit, document CPT (2000) 7), the aim
2
should be to provide in due course a minimum living space of 4 m per
prisoner...
THE LAW
I. Alleged violation of Article 3 of the Convention
on account of the conditions of the applicant's detention
26. The applicant complained that the poor conditions of his detention in correctional colony IK-3 and in the prison hospital ЯМ-401/Б had been inhuman and degrading in breach of Article 3 of the Convention, which provides as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. The parties' submissions
1. The Government
27. The Government submitted at the outset that the Court only had competence to examine the conditions of the applicant's detention during the six months preceding the submission of his application form. If detainees were allowed to complain about long periods of detention, this would impose a disproportionate burden on the authorities to store detention facility registers indefinitely. Accordingly, the Government invited the Court to reject the applicant's complaints relating to the period prior to 24 March 2003 for non-compliance with the six-month rule.
28. Furthermore, the applicant failed to lodge a claim for damages caused by allegedly improper detention conditions in the above institutions, and thus has not exhausted the available
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