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Постановление Европейского суда по правам человека от 18.06.2009 «Дело Штейн (Shteyn (Stein)) против России» [англ.]





ter period the temperature in the cell fell to + 10 °C. From 8 December 2005 to 10 January 2007 the applicant was kept in cell No. 184 which then housed three to five persons. It had three beds. From 10 January 2007 the applicant was in cell No. 183 which housed three to seven persons. The cell had six beds, one of which was used to store the detainees' belongings. The lavatory was not separated from the living area, so the person using it could be watched by other detainees and male and female wardens. The lavatory was next to a bed.
38. The applicant also indicated that there was no sink in cells Nos. 33 and 41; the lavatories in cells Nos. 33, 41 and 183 were not separated from the living area; the living space in cells Nos. 33, 41, 267, 184 and 183 was particularly limited. The air in the cells was stuffy and filled with smoke. All cells were infested with lice, bedbugs and cockroaches. During the summer periods there were also gnats and flies, possibly because the building was next to a pigsty. The detainees had no alternative but to oppose the sanitary measures because of the difficulties of bearing the chemical odours and given the small size of the cells and lack of proper ventilation.
39. The applicant was not allowed to take a shower more than once per week. The distribution of items of hygiene started only in 2007.
40. The applicant submitted six colour photographs showing the interior of cell No. 183 situated in building No. 4 of the remand centre: a lavatory and a sink were situated next to one set of three-tier bunk beds. The lavatory had no flushing system and no lid; it was not separated in any way from the remaining space of the cell.

2. The Government's account

41. The Government submitted that according to its design capacity, the remand centre could house 1,550 inmates. Between 2004 and 2007 the number of inmates at the remand centre varied between 1,107 and 1,532 persons.
42. Between 10 December 2004 and 11 October 2005 the applicant was kept in cells Nos. 33, 41, 90 and 280. From 10 to 12 December 2004 he was placed in cell No. 90 measuring 22.5 square metres and then housing six persons (including the applicant). With reference to an extract of 13 December 2004 from the relevant logbook, the Government asserted that from 12 to 15 December 2004 the applicant had been alone in cell No. 33 measuring 4.6 square metres. With reference to an extract of 16 April 2005 from the relevant logbook, the Government asserted that from 15 December 2004 to 11 April 2005 he was in cell No. 41 measuring 4.6 square metres and then housing two persons (including the applicant); from 25 to 27 April 2005 he was alone in that cell; from 27 April to 29 June 2005 he shared the cell with another inmate.
43. The applicant was also kept in cell No. 280 measuring 15.1 square metres and having ten beds. With reference to an extract of 26 September 2005 from the relevant logbook, the Government asserted that its cell population was as follows:
From 29 June to 12 July 2005 - eleven persons;
From 12 to 20 July 2005 - seven persons;
From 20 to 26 July 2005 - six persons;
From 26 to 28 July 2005 - seven persons;
From 28 to 30 July 2005 - six persons;
From 30 July to 9 August 2005 - seven persons;
From 9 to 16 August 2005 - eight persons;
From 16 to 20 August 2005 - nine persons;
From 20 to 31 August 2005 - ten persons;
From 31 August to 13 September 2005 - nine persons;
From 13 to 26 September 2005 - ten persons;
From 26 to 27 September 2005 - four persons;
From 27 September to 5 October 2005 - eleven persons;
From 5 to 11 October 2005 - ten persons.
44. Thereafter, from 11 October to 8 December 2005 the applicant was kept in cell No. 267 measuring eleven square metres and designed for nine d



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