CASE OF OLEG ZHURAVLEV v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Erik Møse;Julia Laffranque;Khanlar Hajiyev
6. On 19 July 2010 the Supreme Court of the Chuvash Republic found the applicant guilty of corruption and an abuse of official powers and gave him a custodial sentence. The applicant appealed alleging, in particular, that he was innocent, that the prosecution had been unlawful and the trial court had applied the criminal law erroneously. 7. On 26 October 2010 the Supreme Court of Russia quashed the judgment on appeal and remitted it for a new hearing. 8. On 2 March 2011 the Supreme Court of the Chuvash Republic found the applicant guilty as charged before and sentenced him to five years’ imprisonment. The applicant lodged an appeal. He complained, among other matters, about erroneous interpretation of law, improper assessment of evidence by the courts, and an excessive severity of the penalty 9. On 23 May 2011 the Supreme Court of Russia upheld the judgment on appeal reducing the sentence to four years’ imprisonment. 10. Between 2 March and 16 June 2011 the applicant was held in remand prison IZ-21/1 in the Cheboksary Region. The facility was overcrowded. Thus, cell 39 measuring 23 sq. m was equipped with fourteen sleeping places and accommodated up to ten inmates. 11. The applicant submitted the following evidence in support of the above allegations: his complaints to the prison management and their reply and statements by three cellmates.