CASE OF LOBKOV AND RASSOLOV v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The first applicant was born in 1980 and lives in Sharya, the Kostroma Region. 5. The applicant was held in remand prison IZ-44/1 in Kostroma in the following cells: 6. The parties disagreed on the design capacity of the cells and the actual number of inmates. 7. The first applicant, relying on three hand-written statements from his co-detainees, submitted that Cell 49 had contained three two-tier bunk beds with metal sheets welded to beds on the upper and lower levels to create additional sleeping places. Cell 49 was used to accommodate between ten and twenty prisoners. Cell 43 contained two two-tier bunk beds and accommodated four prisoners. 8. The Government submitted that the number of prisoners in the cells had not exceeded the occupancy limit. Cell 29 had three sleeping places, Cell 49 four places and Cell 43 two places. They submitted selected pages from the prison registration log. All of these pages, except one dated 24 July 2009, indicate that Cell 49 was designed for four persons and accommodated as many prisoners. The number “4” appears to be written over a different number that was erased. The entry of 24 July 2009 indicated that Cell 49 was designed for ten persons and accommodated eight prisoners. Similarly, the entries in respect of Cell 29 show traces of erasures and alterations. Its design capacity is listed as two or three places and the actual population is always three prisoners. 9. The second applicant was born in 1958 and has been serving his term of imprisonment in Ivdel, the Sverdlovskiy Region. 10. Between 14 July 2009 and 4 July 2010 the second applicant was held in remand prison IZ-59/1 in the Perm Region. According to him, the facility was overcrowded. In particular, Cell 90 measuring 40 sq. m accommodated up to sixteen inmates. 11. According to the Government, the second applicant was held in cells 80, 90, 92, 98 and 103. The actual number of inmates detained in the cells did not exceed their designed capacity. Each inmate had more than 3 sq. m of personal space. Other conditions were satisfactory. The Government submitted selected pages from registration logs, some of which appears to contain erasures and alterations in the fields showing the number of inmates in Cell 90. On some pages the listed total number of inmates is ten less than the number produced by adding up the population of individual cells.