Постановление Европейского суда по правам человека от 29.01.2009 "Дело "Антропов (Antropov) против Российской Федерации" [рус., англ.]

not been enough beds or mattresses and that "everybody slept on the bare floor".
29. The Government submitted that the information on the number of inmates in the cells in the relevant period was not available because the registration logs for that period were destroyed on 5 March 2007, after the expiry of the term of their storage in archives. However, relying on the certificate by the director of the facility, issued on 28 May 2007, and by the warden reports, issued on of 29 May 2007, they contended that the conditions in the facility were satisfactory and that the number of detainees in each cell did not exceed the number of sleeping places. The Government submitted that the applicant had an individual bunk and was provided with bedding. All cells were disinfected on a "regular basis". The sanitary and hygienic conditions in the facility were in conformity with the regulations. All cells were equipped with a lavatory pan and sink. The pan was separated from the living area by a one-metre-high partition wall with a curtain.
30. The Government submitted a copy of the sanitary inspection report issued on 1 July 2002 by the Department of Sanitary and Epidemiological Control of the Chief Penitentiary Department of the Ministry of Justice in respect of facility No. IZ-25/2. The report contained a detailed questionnaire filled in by the sanitary inspectors in the presence of the facility administration and, inter alia, stated that:
- the facility was designed for 720 inmates;
- at the time of inspection there were 1,245 inmates;
- personal living space in the cells was 2.31 square metres for male inmates (§ 4.1);
- individual sleeping facilities and bedding were available for 50% of inmates (§§ 4.12 and 4.14);
- there were insects and rodents in the facility (§ 4.18);
- sanitary facilities in living quarters were insufficient and dilapidated (§ 5.6).

II. Relevant domestic law

31. Section 22 of the Detention of Suspects Act (Federal Law No. 103-FZ of 15 July 1995) provides that detainees should be given free food sufficient to maintain them in good health according to standards established by the Government of the Russian Federation. Section 23 provides that detainees should be kept in conditions which satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell.

III. Relevant international documents

32. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("the CPT") visited the Russian Federation from 2 to 17 December 2001. The section of its Report to the Russian Government (CPT/Inf (2003) 30) dealing with the conditions of detention in temporary holding facilities and remand establishments and the complaints procedure read as follows:
"b. temporary holding facilities for criminal suspects (IVS)
26. According to the 1996 Regulations establishing the
internal rules of Internal Affairs temporary holding facilities
for suspects and accused persons, the living space per person
2
should be 4 m . It is also provided in these regulations that
detained persons should be supplied with mattresses and bedding,
soap, toilet paper, newspapers, games, food, etc. Further, the
regulations make provision for outdoor exercise of at least one
hour per day.
The actual conditions of detention in the IVS establishments visited in 2001 varied considerably.
...
45. It should be stressed at the outset that the CPT was pleased to note the progress being made on an issue of great concern for the R



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