lation of Article 3 of the Convention. Accordingly, it was not necessary to assess other aspects of physical conditions of detention (see, for example, Lind v. Russia, No. 25664/05, § 59, 6 December 2007; Kantyrev v. Russia, No. 37213/02, §§ 50 - 51, 21 June 2007; Andrey Frolov v. Russia, No. 205/02, §§ 47 - 49, 29 March 2007; Mayzit v. Russia, No. 63378/00, § 40, 20 January 2005; and Labzov v. Russia, No. 62208/00, § 44, 16 June 2005).
58. 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. That the applicant was obliged to live, sleep and use the toilet in the same cell with so many other inmates was itself sufficient to cause distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention, and arouse in him the feelings of fear, anguish and inferiority capable of humiliating and debasing him.
59. The Court concludes that by keeping the applicant in overcrowded cells, the domestic authorities subjected him to inhuman and degrading treatment. There has therefore been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in facility No. IZ-34/1.
II. Alleged violation of Article 5 § 3 of the Convention
60. The applicant complained of a violation of his right to trial within a reasonable time and alleged that detention orders had not been founded on sufficient reasons. He relied on Article 5 § 3 of the Convention, which provides:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial."
A. Admissibility
61. The Government invited the Court to reject the applicant's complaint relating to the period of his detention before 22 December 2005. In their opinion, the Court had competence to examine the applicant's detention only with regard to the six months preceding the submission of his application form. Moreover, the applicant had not appealed against the detention orders issued before 22 December 2005.
62. The Court considers that a person alleging a violation of Article 5 § 3 of the Convention with respect to the length of his detention complains of a continuing situation which should be considered as a whole and not divided into separate periods in the manner suggested by the Government (see, mutatis mutandis, Solmaz v. Turkey, No. 27561/02, §§ 29 and 37, ECHR 2007-... (extracts)). Following his placement in custody on 18 July 2003 the applicant continuously remained in detention. Although he did not lodge appeals against the extension orders issued before December 2005, he appealed to the Supreme Court against the detention orders of 22 December 2005 and 2 October 2006. He thereby gave an opportunity to the Supreme Court to consider whether his detention was compatible with his Convention right to trial within a reasonable time or release pending trial. Indeed, the Supreme Court had to assess the necessity of further extensions in the light of the entire preceding period of detention, taking into account how much time had already been spent in custody. The Court therefore dismisses the Government's objection.
63. 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
1. Arguments by the parties
64. The Government submitted that the applicant had been charged with many parti
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