CASE OF KURUSHIN v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Julia Laffranque;Khanlar Hajiyev;Linos-Alexandre Sicilianos
4. The applicant was born in 1967 and is detained in Smolensk. 5. Between 25 July and 1 August 2005 the applicant was held in the IZ76/1 remand prison in Yaroslavl in connection with the criminal proceedings against him. According to the applicant, his cell measuring six square metres was equipped with four sleeping places and accommodated up to seven inmates. The applicant was allowed to take a one-hour daily walk in a recreation yard measuring eight square metres. According to the floor plans provided by the Government, the applicant’s cell measured 7.88 square metres and contained two sleeping places. 6. After his conviction had become final, the applicant served his sentence in the IK-5 facility, a correctional colony located in the Smolensk Region. Between 9 and 20 January 2007 the applicant was held in disciplinary cell no. 4. He submitted that this cell measured twelve square metres and offered six sleeping places while actually accommodating up to thirteen inmates. During his detention in this cell, the applicant was taken, together with twenty-five other inmates, for a one-hour daily walk to an outside recreation area which measured twenty square metres. According to the documents provided by the Government, disciplinary cell no. 4 measured 15.4 square metres, contained eight sleeping places but accommodated only six inmates. The outside yard provided 4.8 square metres for each inmate.