ussian penitentiary system: overcrowding.
When the CPT first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system. At the beginning of the 2001 visit, the delegation was informed that the remand prison population had decreased by 30,000 since 1 January 2000. An example of that trend was SIZO No 1 in Vladivostok, which had registered a 30% decrease in the remand prison population over a period of three years.
...
The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding, including instructions issued by the Prosecutor General's Office, aimed at a more selective use of the preventive measure of remand in custody. Nevertheless, the information gathered by the Committee's delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2).
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125. As during previous visits, many prisoners expressed scepticism about the operation of the complaints procedure. In particular, the view was expressed that it was not possible to complain in a confidential manner to an outside authority. In fact, all complaints, regardless of the addressee, were registered by staff in a special book which also contained references to the nature of the complaint. At Colony No 8, the supervising prosecutor indicated that, during his inspections, he was usually accompanied by senior staff members and prisoners would normally not request to meet him in private "because they know that all complaints usually pass through the colony's administration".
In the light of the above, the CPT reiterates its recommendation that the Russian authorities review the application of complaints procedures, with a view to ensuring that they are operating effectively. If necessary, the existing arrangements should be modified in order to guarantee that prisoners can make complaints to outside bodies on a truly confidential basis."
THE LAW
I. Alleged violation of Article 3 of the Convention
as regards the applicant's ill-treatment on 15 June 2001
33. The applicant complained that on 15 June 2001 he had been subjected to treatment incompatible with Article 3 of the Convention and that the authorities had not carried out an effective investigation into those events. The Court will examine this complaint from the standpoint of the State's negative and positive obligations flowing from Article 3, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. The parties' submissions
34. The Government confirmed that on 15 June 2001 the applicant was abducted and ill-treated and that he had sustained the injuries he claimed, contesting, however, any involvement of state officials in the infliction of injuries. The Government found it impossible to conclude that the applicant's rights guaranteed under Article 3 of the Convention had been violated as a result of any acts or omissions on the part of the state bodies or officials. They relied on the domestic decisions, which found no grounds for the prosecution of investigator D., or the convoy officers, or the relatives of G., at whom the applicant pointed as perpetrators. The Government considered that the authorities could not be held responsible for the assault of the "unidentified individuals".
35. The applicant maintained his allegations, pointing out that wi
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