ntion "during the investigation" beyond eighteen months was possible (Article 97 of the old CCrP).
(ii) Time-limits for detention "before the court"/"during the judicial proceedings"
48. From the date the prosecutor forwarded the case to the trial court, the defendant's detention was "before the court" (or "during the judicial proceedings"). Before 14 March 2001 the old CCrP set no time-limit for detention "during the trial".
5. Proceedings to examine the lawfulness of detention
(a) Detention "during the investigation"
49. Under the old CCrP, the detainee or his or her counsel or representative could challenge before a court a detention order issued by a prosecutor, and any subsequent extension order. The judge was required to review the lawfulness of and justification for a detention or extension order no later than three days after receipt of the relevant papers. The review was to be conducted in camera in the presence of a prosecutor and the detainee's counsel or representative. The detainee was to be summoned and a review in his absence was only permissible in exceptional circumstances if the detainee waived his right to be present of his own free will. The judge could either dismiss the challenge or revoke the pre-trial detention and order the detainee's release (Article 220-1). An appeal to a higher court lay against the judge's decision. It had to be examined within the same time-limit as appeals against a judgment on the merits (Article 331 in fine).
(b) Detention during the trial
50. Upon receipt of the case-file, the judge was to determine, in particular, whether the defendant should remain in custody or be released pending trial (Article 222 § 5 and Article 230 of the old CCrP) and to rule on any application by the defendant for release (Article 223 of the old CCrP). If the application was refused, a fresh application could be made once the trial had commenced (Article 223 of the old CCrP).
51. At any time during the trial the court could order, vary or revoke any preventive measure, including detention on remand (Article 260 of the old CCrP). An appeal against such a decision lay to a higher court. It was to be lodged within ten days and examined within the same time-limit as an appeal against the judgment on the merits (Article 331 of the old CCrP).
6. Time-limits for trial
52. Under the old CCrP, the duration of the trial was not limited in time.
B. Medical assistance
53. The 1995 Law on the conditions of detention of suspects and accused (Закон "О содержании под стражей подозреваемых и обвиняемых в совершении преступлений") provided that inmates were entitled to medical assistance (section 17). If an inmate's health deteriorated, the medical officers of the detention facility were obliged to conduct an immediate medical examination and inform him of its results in writing. If the inmate requested to be examined by staff of other medical institutions, the administration of the detention facility was to organise such an examination. If the administration refused, the refusal could be appealed against to a prosecutor or court. If an inmate suffered from a serious disease, the administration of the detention facility was obliged immediately to inform the prosecutor, who could carry out an inquiry into this matter (section 24).
THE LAW
I. Alleged violation of Article 3 of the Convention
54. The applicants complained that the conditions of detention in detention centre No. IZ-25/1 and the lack of medical assistance had amounted to inhuman and degrading treatment. They relied on Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
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