CASE OF TOMAYLY v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Dmitry Dedov;Julia Laffranque;Khanlar Hajiyev
4. The applicant was born in 1961 and lives in Korenovsk. 5. Between 6 October 2005 and 21 December 2005 the applicant was held in remand prison IZ-23/1 in Krasnodar. The prison was overcrowded. Thus, the applicant’s cell measuring eighteen sq. m was equipped with four sleeping places and accommodated up to eight inmates; cell 187 measuring ninety-six sq. m was designed for twenty-eight individuals and housed up to thirty-six prisoners. 6. On 19 October 2005 the Korenovskiy District Court of the Krasnodar region convicted the applicant of embezzlement and sentenced him to five years and six months’ imprisonment. On 21 December 2005 the Krasnodar Regional Court upheld the judgment on appeal. 7. Between 21 December 2005 and 20 April 2006 the applicant served his sentence in the IK-9 facility, a correctional colony located in the Krasnodar Region. The dormitory in which the applicant slept measured 198 sq. m, it offered forty-nine sleeping places but actually accommodated up to seventy inmates.