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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Губкин (Gubkin) против России» [англ.]





on. Thus, the Court finds it necessary to join the Government's objection to the merits of the applicant's complaint under Article 13 of the Convention.
86. The Government also objected to the examination of the conditions of the applicant's detention as a continuous situation. The Court has previously established that the continuous nature of detention, even in two different detention facilities with similar conditions and, in particular, severe overcrowding as the main characteristic, warranted examination of the detention without dividing it into separate periods (see Benediktov v. Russia, No. 106/02, § 31, 10 May 2007; Guliyev v. Russia, No. 24650/02, § 33, 19 June 2008; and Sudarkov v. Russia, No. 3130/03, § 40, 10 July 2008). In the present case the applicant was held in the same detention facility uninterruptedly and his descriptions of the conditions of his detention, including extreme overcrowding, did not substantially vary from cell to cell. Adopting the same line of reasoning as in the above-mentioned cases, the Court considers that the applicant's detention from 15 June 1998 to 25 April 2005 should be examined as a whole without dividing it into separate periods, and that the Government's objection should, therefore, be dismissed.
87. The Court further notes that the applicant's complaints under Articles 3 and 13 of the Convention are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that they are not inadmissible on any other grounds. They must therefore be declared admissible.

2. Merits

(a) Article 13 of the Convention
88. The Court points out that Article 13 of the Convention guarantees the availability at national level of a remedy to enforce the substance of Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an "arguable complaint" under the Convention and to grant appropriate relief (see, among many other authorities, {Kudla} v. Poland [GC], No. 30210/96, § 157, ECHR 2000-XI). The scope of the obligation under Article 13 varies depending on the nature of the applicant's complaint under the Convention. Nevertheless, the remedy required by Article 13 must be effective in practice as well as in law.
89. The Court reiterates that it has already found a violation of Article 13 on account of the absence of an effective remedy for inhuman and degrading conditions of detention, finding as follows (see Benediktov, cited above, § 29, and Vlasov v. Russia, No. 78146/01, § 87, 12 June 2008):
"[T]he Government did not demonstrate what redress could have been afforded to the applicant by a prosecutor, a court or other State agencies, taking into account that the problems arising from the conditions of the applicant's detention were apparently of a structural nature and did not only concern the applicant's personal situation (cf. Moiseyev v. Russia (dec.), No. 62936/00, 9 December 2004; Kalashnikov v. Russia (dec.), No. 47095/99, 18 September 2001; and, most recently, Mamedova v. Russia, No. 7064/05, § 57, 1 June 2006). The Government have failed to submit evidence as to the existence of any domestic remedy by which the applicant could have complained about the general conditions of his detention, in particular with regard to the structural problem of overcrowding in Russian detention facilities, or that the remedies available to him were effective, that is to say that they could have prevented violations from occurring or continuing, or that they could have afforded the applicant appropriate redress (see, to the same effect, Melnik v. Ukraine, No. 72286/01, §§ 70 - 71, 28 March 2006; Dvoynykh v. Ukraine, No. 72277/01, § 72, 12 October 2006; and Ostrovar v. Moldova, No. 35207/03, § 112, 13



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