Постановление Европейского суда по правам человека от 28.05.2009 «Дело Кокошкина (Kokoshkina) против России» [англ.]

wded. The number of inmates per cell had been greater than that suggested by the Government and she had not always had a bed to herself. She drew the Court's attention to the fact that the Government had submitted extracts from the registration logs showing the number of detainees on certain dates only, and claimed that the Government had deliberately chosen days when her cell had not been overcrowded, and omitted those when it had been filled beyond its design capacity. Given that the other cells in the detention facility had been severely and routinely overpopulated, as the Government had admitted, it was implausible that her cell had never been affected by that problem. The applicant also challenged the Government's description of sanitary conditions as factually untrue. Her cells had been dim, cold, stuffy and smelly. Toilet facilities had offered no privacy. The artificial light had never been turned off, disturbing the applicant's sleep. Although the Government denied the presence of insects, it transpired from the certificate of 10 April 2008 issued by the detention facility administration that the cells had been regularly cleansed to reduce the number of rodents and insects (see paragraph 35 above). The use of the word "reduce" implied, in the applicant's opinion, that the cells had been infested with parasites and that the disinfection carried out by the facility administration had been unsuccessful, as the population of parasites had been thereby reduced rather than exterminated. The applicant further stated that there had been no real opportunity for outdoor exercise because the exercise yards had been overcrowded and also covered with metal bars that severely limited access to fresh air. In support of her submissions the applicant produced a statement by Ms B. who had been detained in cell No. 32 of the same facility from 15 January to 6 June 2007, and a statement by Ms K. who had been held in a neighbouring cell.

2. The Court's assessment

57. The Court notes that parties have disputed certain aspects of the conditions of the applicant's detention. However, there is no need for the Court to establish the veracity of each and every allegation, because it finds a violation of Article 3 on the basis of facts presented to it which the respondent Government have failed to refute.
58. The focal point for the Court's assessment is the living space afforded to the applicant. The main characteristic, which the parties agreed upon, is the size of the cells. However, the applicant claimed that they had accommodated up to twelve persons, thus exceeding their design capacity. The Government conceded that the detention facility had been in general overcrowded, but asserted that the applicant's cells had not been affected by that condition. They submitted that the number of inmates per cell had never exceeded the number of bunks and that the applicant's cells had accommodated no more than eight persons.
59. The Court reiterates that Convention proceedings, such as the present application, do not in all cases lend themselves to a rigorous application of the principle affirmanti incumbit probatio (he who alleges something must prove that allegation) because in certain instances the respondent Government alone have access to information capable of corroborating or refuting these allegations. A failure on a Government's part to submit such information without a satisfactory explanation may give rise to the drawing of inferences as to the well-foundedness of the applicant's allegations (see, among other authorities, Fadeyeva v. Russia, No. 55723/00, § 79, ECHR 2005-IV, and Ahmet {Ozkan} and Others v. Turkey, No. 21689/93, § 426, 6 April 2004).
60. Applying the above principles in the present case, the Court finds that the Government failed to submit information capable of refuting the applicant's allegati



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