ice cell (or any other type of detainee/prisoner accommodation) is a difficult question. Many factors have to be taken into account when making such an assessment. However, CPT delegations felt the need for a rough guideline in this area. The following criterion (seen as a desirable level rather than a minimum standard) is currently being used when assessing police cells intended for single occupancy for stays in excess of a few hours: in the order of 7 square metres, 2 metres or more between walls, 2.5 metres between floor and ceiling."
The CPT reiterated the above conclusions in its 12th General Report (CPT/Inf (2002) 15, § 47).
46. The part of the Report to the Russian Government on the visit to the Russian Federation carried out by the CPT from 2 to 17 December 2001 (CPT/Inf (2003) 30) read, in so far as it concerned the conditions of detention in administrative-detention cells located within police stations, as follows:
"25. Similar to the situation observed during previous visits, none of the district commands (RUVD) and local divisions of Internal Affairs visited were equipped with facilities suitable for overnight stays; despite that, the delegation found evidence that persons were occasionally held overnight at such establishments... The cells seen by the delegation were totally unacceptable for extended periods of custody: dark, poorly ventilated, dirty and usually devoid of any equipment except a bench. Persons held overnight were not provided with mattresses or blankets. Further, there was no provision for supplying detainees with food and drinking water, and access to a toilet was problematic.
The CPT reiterates the recommendation made in its report on the 1999 visit (cf. paragraph 27 of document CPT (2000) 7) that material conditions in, and the use of, cells for administrative detention at district commands and local divisions of Internal Affairs be brought into conformity with Ministry of Internal Affairs Order 170/1993 on the general conditions and regulations of detention in administrative detention cells. Cells which do not correspond to the requirements of that Order should be withdrawn from service.
Further, the Committee reiterates the recommendation made in previous visit reports that administrative detention cells not be used for accommodating detainees for longer than 3 hours."
THE LAW
I. Alleged violation of Article 3 of the Convention
on account of the alleged ill-treatment
47. The applicant complained that he had been subjected to inhuman and degrading treatment after his arrest and that the investigation into the alleged ill-treatment had not been effective. The Court will examine the complaint under Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Submissions by the parties
48. The Government submitted that that the prosecutor's office and the courts had dismissed the applicant's allegations of ill-treatment after having carefully examined all relevant circumstances. Thus, the authorities had questioned both the police officers allegedly involved in the beatings and independent witnesses and had carried out a medical examination which established that the applicant's injuries had been sustained two to three days prior to his arrest. The authorities had taken into account that the applicant had waited for several months before complaining about the alleged ill-treatment and that he had given contradictory statements about the way in which the injuries had been inflicted on him. The Government invited the Court to dismiss his complaint as being manifestly ill-founded.
49. The applicant contended that in the registration log of arrested persons [книга учета задержанных] of the Severnoye Medvedkovo police sta
> 1 2 3 ... 24 25 26 ... 33 34 35
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
