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





ourt observes that the statements in question were not corroborated by any documents enabling the Court to verify their validity. The Court observes in this respect that it was open to the Government to submit copies of registration logs showing names of inmates detained together with the applicant in the relevant period. The director's certificates issued in October 2007 and May 2008 are therefore of little evidential value for the Court's analyses, as is an uncertified and undated table on the number of inmates detained at the same time as the applicant (see paragraph 45 above). Further, the Court notes that the Government did not comment on the statements made by the applicant's cellmates in support of his allegations concerning the conditions of his detention. Neither did the Government deny that during the relevant period the above persons were held in the same detention facility and the same cells as the applicant.
97. Having regard to the principles indicated in paragraph 92 above, together with the fact that the Government did not submit any convincing relevant information and that they agreed in principle that the cells had been somewhat overcrowded (see paragraph 83 above), the Court will examine the issue concerning the number of inmates in the cells on the basis of the applicant's submissions.
98. According to the applicant, the occupants of the cells in IZ-61/1 were afforded less than 1 square metre of personal space (see paragraphs 46 and 54 above). The number of detainees in the cells of IZ-61/1 was greater than the number of available bunks. It follows that the detainees, including the applicant, had to share the sleeping facilities, taking turns to rest. For approximately six years and ten months the applicant was confined to his cell day and night, save for one hour of daily outdoor exercise when it was available.
99. The Court has frequently found a violation of Article 3 of the Convention on account of lack of personal space afforded to detainees (see Benediktov, cited above, §§ 31 et seq.; Khudoyorov v. Russia, No. 6847/02, §§ 104 et seq., ECHR 2005-X (extracts); Labzov v. Russia, No. 62208/00, §§ 44 et seq., 16 June 2005; Novoselov v. Russia, No. 66460/01, §§ 41 et seq., 2 June 2005; Mayzit v. Russia, No. 63378/00, §§ 39 et seq., 20 January 2005; Kalashnikov v. Russia, No. 47095/99, §§ 97 et seq., ECHR 2002-VI; and Peers v. Greece, No. 28524/95, §§ 69 et seq., ECHR 2001-III).
100. Having regard to its case-law on the subject and the material submitted by the parties, the Court notes that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. Although in the present case there is no indication that there was a positive intention to humiliate or debase the applicant, the Court finds that the fact that the applicant was obliged to live, sleep and use the toilet in the same cell as so many other inmates for almost seven years was itself sufficient to cause distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention, and to arouse in him feelings of fear, anguish and inferiority capable of humiliating and debasing him.
101. There has therefore been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention from 15 June 1998 to 25 April 2005 in the facility IZ-61/1 of Rostov-on-Don, which the Court considers to be inhuman and degrading treatment within the meaning of Article 3 of the Convention.

II. Alleged violation of Article 5 § 1 of the Convention

102. The applicant complained under Article 5 § 1 (c) of the Convention that his detention on remand had not been lawful. The relevant parts of Article 5 read as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save



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