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





ve domestic remedy for the structural problem of overcrowding in Russian detention facilities. Although they referred to two cases in which the domestic courts granted detainees non-pecuniary damage for inadequate conditions of detention, the Court notes that in those cases compensation was awarded for a detainee's infection with scabies or a failure to provide a detainee with food. Neither of those cases concerned detention in overcrowded cells. Moreover, the Government did not produce copies of the judgments to which they referred. Accordingly, the Court dismisses the Government's objection as to non-exhaustion of domestic remedies.
52. As regards the Government's argument about non-compliance with the six-month rule, the Court notes that the applicant has been detained in the same detention facility since 25 July 2003 until now. The continuous nature of his detention, his identical descriptions of the general conditions of detention in all the cells in the detention facility and the allegation of severe overcrowding as the main characteristic of his detention conditions in all these cells warrant the examination of the applicant's detention from 25 July 2003 to date as a whole, without dividing it into separate periods (see, for similar reasoning, Guliyev v. Russia, No. 24650/02, §§ 31 to 33, 19 June 2008; and Benediktov, cited above, § 31). The Court does not lose sight of the Government's argument that certain aspects of the conditions of the applicant's detention varied in different cells. However, it does not consider that those differences are sufficient to allow it to distinguish between the conditions of the applicant's detention or for his detention to be separated into several periods depending on the cell in which he was kept. The Court therefore dismisses the Government's objection as to non-compliance with the six-month rule.
53. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

B. Merits

54. The Government conceded that certain cells had been overpopulated (cells Nos. 87, 50, 106, 26, 92, 91, 94, 119, 108, 51, 26 and 25). In total, the applicant had been held in overcrowded cells for about two-and-a-half years. In all other cells the conditions of the applicant's detention had been satisfactory and in compliance with the requirements of Article 3. He had been provided with an individual bunk and bedding at all times. He had been able to exercise daily. The sanitary and hygienic norms had been met. The applicant had received adequate medical treatment on request.
55. The applicant maintained his claims.
56. The parties disputed certain aspects of the conditions of the applicant's detention in facility No. IZ-34/1 in Volgograd. However, there is no need for the Court to establish the truthfulness of each and every allegation, because it finds a violation of Article 3 on the basis of the facts that have been presented or are undisputed by the respondent Government, for the following reasons.
57. The parties agreed about the cell measurements and the number of inmates in the cells. For the majority of his detention, which has lasted more than five years, the applicant has been afforded less than 3 sq. m of personal space. On occasions, he had less than 1.5 sq. m of personal space, while in cells Nos. 50, 87 and 106 his personal space was at times reduced to less than 1 sq. m. The applicant was confined to his cell day and night, save for one hour of daily outdoor exercise. The Court reiterates in this connection that in previous cases where the applicants disposed of less than 3 sq. m of personal space, it found that the overcrowding was so severe as to justify, in its own right, a finding of a vio



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