Постановление Европейского суда по правам человека от 19.03.2009 «Дело Любименко (Lyubimenko) против России» [англ.]

gograd Regional Court extended the defendants' detention until 12 October 2007, finding that there was no reason to vary the preventive measure.
30. On 11 October 2007 the Volgograd Regional Court extended the defendants' detention until 12 January 2008, referring to the gravity of the charges and the risk that they might abscond or intimidate the witnesses or jurors.
31. On 9 January 2008 the Volgograd Regional Court extended the defendants' detention until 12 April 2008 for the same reasons as before.
32. On 8 April 2008 the Volgograd Regional Court rejected the applicant's request to be released under an undertaking not to leave the place of residence and extended the defendants' detention until 12 July 2008. The decision reads as follows:
"As the trial has not yet been completed, it is necessary to extend the defendants' detention.
The court considers that the gravity of the charges justifies applying to the defendants a preventive measure in the form of detention.
However, in addition to the gravity of the charges - namely organisation of an armed gang... and commission of assaults on citizens and murders - carrying a sentence of up to twenty years' imprisonment for each of the defendants, the court also takes into account other factors.
Thus, the court is entitled to believe that... application to the defendants of an undertaking not to leave the town or other preventive measures will not exclude the possibility of their absconding or exercising pressure on participants to the proceedings and jurors.
The defendants' argument that their detention had been excessively long is not in itself sufficient to warrant release.
The defendants have not produced any material showing the existence of factors making impossible [sic] their stay in detention facility conditions.
The court is not convinced by the defendants' argument that they have not been granted access to the materials submitted by the prosecution in support of their requests for extension. The court has at its disposal only the materials from the criminal case file, which had been studied by the defendants.
The court considers that the grounds for the detention of the defendants, charged with serious and particularly serious criminal offenses, are relevant and sufficient. Their detention serves the interest of society, as it prevents the commission of similar criminal offences and ensures high-quality and effective examination of the present criminal case.
The criminal case file contains sufficient evidence against each defendant justifying an extension of their detention..."
33. On 7 July 2008 the Volgograd Regional Court extended the defendants' detention until 12 October 2008, repeating verbatim the decision of 8 April 2008.
34. On 10 October 2008 the Volgograd Regional Court extended the defendant's detention until 12 January 2009, repeating verbatim the decision of 8 April 2008.
35. The proceedings are still pending before the trial court.

B. Conditions of the applicant's detention

36. Since 25 July 2003 the applicant has been detained in detention facility SIZO No. 1 (IZ-34/1) in Volgograd.
37. According to a certificate of 18 March 2008 issued by the facility administration and submitted by the Government, from 25 July to 10 November 2003 the applicant was held in cells Nos. 135, 99 and 113, measuring 10.9 sq. m, 8.4 sq. m and 9.6 sq. m respectively. It was not possible to establish the number of inmates in each cell, as the detention facility registers for that period had been destroyed on expiry of the statutory storage time-limit.
38. Since 10 November 2003 the applicant has been held in sixteen different cells. Cells Nos. 107 and 108 measured 9.6 sq. m and housed two to nine inmates. Cells

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