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

September 2005)."
90. These findings apply a fortiori to the present case, in which the Government did not point to any domestic remedy by which the applicant could have obtained redress for the allegedly inhuman and degrading conditions of his detention or put forward any argument as to its efficiency.
91. Accordingly, the Court rejects the Government's argument as to the exhaustion of domestic remedies and concludes that there has been a violation of Article 13 of the Convention on account of the lack of an effective and accessible remedy under domestic law for the applicant to complain about the conditions of his detention.
(b) Article 3 of the Convention
92. As the Court has held on many occasions, Article 3 of the Convention enshrines one of the most fundamental values of democratic society. It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim's behaviour (see Labita v. Italy [GC], No. 26772/95, § 119, ECHR 2000-IV). However, to fall under Article 3 of the Convention, ill-treatment must attain a minimum level of severity. The assessment of this minimum level of severity is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in some cases, the sex, age and state of health of the victim (see {Valasinas} v. Lithuania, No. 44558/98, §§ 100 - 01, ECHR 2001-VIII). When a person is held in detention, the State must ensure that he is detained in conditions which are compatible with respect for his human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately secured (see {Valasinas}, cited above, § 102 and {Kudla}, cited above, § 94). When assessing conditions of detention, one must consider their cumulative effects as well as the applicant's specific allegations (see Dougoz v. Greece, 6 March 2001, § 46, Reports of Judgments and Decisions 2001-II). The duration of detention is also a relevant factor.
93. The Court notes that in the present case the 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.
94. Having agreed on the size of the cells, the parties disputed the number of detainees who shared them with the applicant. While the Government insisted that the applicant had always had between three and four square metres of personal space in each cell, the applicant argued that the cell population had considerably exceeded the design capacity of the cells and that the detainees had had to sleep in shifts.
95. In this connection the Court observes 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), as in certain instances the respondent Government alone have access to information capable of corroborating or refuting 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 Ahmet {Ozkan} and Others v. Turkey, No. 21689/93, § 426, 6 April 2004).
96. Turning to the facts of the present case, the Court notes that the Government, in their plea concerning the number of detainees, relied on the statements made by the director of facility IZ-61/1. The C



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