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





etainees. From 8 December 2005 to 10 January 2007 he was kept in cell No. 184 measuring 8.5 square metres. From 10 January 2007 onwards he was in cell No. 183 measuring 9.4 square metres and designed for six detainees.
45. The applicant was given an individual sleeping berth, a mattress, a pillow and a blanket.
46. The cells were equipped with a lavatory, which was separated from the living area by a partition of 1.4 or 1.5 metres in height and had a screen. In each cell the applicant was afforded enough space for movement or physical exercise. He was afforded access to various commodities, such as a dining table, lavatory or sink.
47. He was allowed access to a shower once per week for no less than fifteen minutes. He made no requests for more frequent access to a shower.
48. During the relevant period(s) no bugs, cockroaches or rats had been detected in the cells. Neither had the detainees made any complaints in that respect. The appropriate sanitary measures were taken on a monthly basis.
49. The applicant was allowed a daily outdoor walk for no less than one hour. The walks were organised in the courtyards of the remand centre measuring from 22 to 43.6 square metres.
50. Radio broadcasting was accessible in the cells between 6 a.m. and 10 p.m. The volume could be increased or decreased from a point in each cell.
51. The cells were equipped with artificial lights adapted for night supervision of the inmates and for prevention of suicide. All cells were equipped with mandatory ventilation which was properly functioning at the relevant time. The cell windows had small air vents. The metal shutters were removed from the windows in 2003.
52. The remand centre had a centralised heating system which was properly functioning, including during the autumn and winter period. The temperature in the cells did not fall below + 18 °C.
53. The applicant underwent regular medical checks which confirmed that he was in good physical condition and had no infection or disease.
54. According to a certificate of 26 June 2008 issued by the remand centre, a new building No. 5 was constructed in 2004; building No. 2 was renovated in 2006 and 2007, including installations of lavatories, sinks and lights; the roof of building No. 4 was repaired in 2007; and the renovation in building No. 3 was completed in 2008. According to another certificate, cells Nos. 33, 41, 90, 183, 184, 267 and 280 were and remain equipped with cold water taps and lavatories separated from the living area by a partition of 1.5 metres in height and a curtain.
55. Like the applicant, the Government submitted a faxed copy of photos, one of them showing a standard toilet with a curtain; a statement countersigned by a remand centre officer stated that it was cell No. 183. The other photos suggested that similar arrangements were made in cells Nos. 33, 41, 184, 261 and 280.

II. Relevant domestic law and practice

A. Code of Criminal Procedure (CCrP)

56. Pursuant to Article 109 § 1 of the Code, detention of an accused pending investigation should not exceed two months. It may, however, be extended to six months. Further extensions to up to twelve months are possible only in relation to persons accused of serious or very serious criminal offences, in view of the complexity of the case and if there are grounds justifying detention. An investigator's request for extension must be approved by the regional prosecutor (§ 2). Further extension of detention beyond twelve months and up to eighteen months may be authorised only in exceptional circumstances in respect of persons accused of very serious offences, upon an investigator's request approved by the Prosecutor General or his deputy (§ 3). Extension of detention beyond eighteen months is prohibited and the detainee must be released, unless the court decides



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