CASE OF MALYUGIN v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Erik Møse;Julia Laffranque;Khanlar Hajiyev
6. The applicant was born in 1984 and lives in St Petersburg. 7. On 19 May 2006 the applicant was arrested on suspicion of organising a criminal gang and placed in the IVS, which, according to the applicant, was in a poor sanitary condition. 8. On the following day the applicant’s detention was authorised by domestic courts. It was regularly prolonged until his release (see paragraph 11 below). 9. On 1 June 2006 the applicant was transferred from the IVS to remand prison IZ-47/1 of St Petersburg, where he stayed until 19 May 2011. The facility was overcrowded. Thus, cell 81 measuring 8 sq. m was equipped with six sleeping places and accommodated up to six inmates; cell 104 measuring 8 sq. m was designed for six detainees and housed up to six individuals; finally, cell 907 measuring 8 sq. m presented six sleeping places and up to six persons who occupied them. 10. On an unspecified date the St Petersburg City Court commenced the examination of the case. From that date, in order to take part in the hearings, the applicant was regularly transported by prison van between the remand prison and the court premises. While in the courthouse, he was placed in a confinement cell. The applicant alleged that both the van and the cell had been overcrowded. 11. On 19 May 2011 the St Petersburg City Court ordered to release the applicant and on 14 June 2011 it acquitted him of all charges.