CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 4 novembre 2010

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RUSSIA   (Application no. 29464/03)               JUDGMENT     STRASBOURG   4 November 2010   FINAL   04/02/2011   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Arefyev v. Russia , The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Nina Vajić,   Anatoly Kovler,   Elisabeth Steiner,   Khanlar Hajiyev,   Giorgio Malinverni,   George Nicolaou, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 14 October 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 29464/03) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Vitaliy Alekseyevich Arefyev (“the applicant”), on 1 August 2003. 2.     The applicant was represented by Mr R. Shkryuba, a lawyer practising in Ivanovo. The Russian Government (“the Government”) were represented by Mrs V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicant alleged, in particular, that the conditions of his detention in temporary detention facility in Ivanovo had been inhuman and degrading, that his detention had been unlawful and that the proceedings by which he had sought to challenge the lawfulness of his pre-trial detention had not complied with the requirements of Article 5 § 4 of the Convention. 4.     On 24 October 2007 the President of the First Section decided to give notice of the application to the Government. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1981 and lived until his arrest in the town of Teykovo in Ivanovo Region. A.     Applicant's arrest and release on a written undertaking 6.     On 6 April 2003 the applicant was arrested on suspicion of aggravated extortion. Two days later an investigator asked the Teykovo Town Court to remand him in custody. On the same day the Town Court adjourned consideration of the investigator's request for seventy-two hours. The applicant did not appeal. 7.     On 9 April 2003 the investigator ordered the applicant's release on a written undertaking not to leave the town, reasoning as follows: “The present criminal case was opened on 6 April 2003, at 5 p.m. On the same day at 5.15 p.m. an investigator, Ms S., arrested [the applicant] in compliance with Article   91 of the Russian Code of Criminal Procedure. On 8 April 2003, at 3.15 p.m., the applicant was charged under Article 163 § 2 of the Russian Criminal Code and a decision on bringing a request to a court for authorisation of [the applicant's] detention was issued. That request was examined by the court and by virtue of Article   108 § 3 (7) of the Russian Code of Criminal Procedure [the court] adjourned the examination of the request until 2 p.m. on 11 April 2003. In his decision the judge did not mention that [the applicant's] detention had been extended. Due to the fact that [the applicant's] detention has expired, he should be released.” B.     Applicant's placement in custody. Detention order of 11 April 2003 8 .     On 11 April 2003 the Teykovo Town Court resumed consideration of the investigator's request of 8 April 2003 and authorised the applicant's placement in custody, finding that he had been charged with a serious criminal offence, had a criminal record, was a danger to society, was unemployed and did not have a permanent source of income. The court concluded that the applicant was liable to abscond and interfere with the course of justice. 9.     On the same day the applicant appealed against the decision of 11   April 2003, arguing that there were no grounds for his placement in custody. He had a permanent place of residence, had started working and had no intention of absconding. 10.     On 15 April 2003 the Ivanovo Regional Court upheld the decision of 11   April 2003, endorsing the Town Court's reasoning. C.     Detention order of 9 June 2003 11.     A transcript of a telephone conversation produced by the Government reveals that on 5 June 2003 an investigator of the Teykovo town police department informed the applicant's lawyer, Mr Shkryuba, that a request for extension of the applicant's detention was to be sent to the Teykovo Town Court on the following day. The investigator asked for confirmation of the lawyer's availability for the court hearing. Mr Skhryuba replied that he would not be able to attend as he had to take part in a seminar starting on 9 June 2003. 12 .     On 9 June 2003 the Teykovo Town Court extended the applicant's detention for twenty-six days, until 6 July 2003, finding that he had been charged with a serious criminal offence and had a previous conviction, also that he was unemployed and did not have a permanent source of income and thus, if released, he was liable to pervert the course of justice and abscond. The Town Court noted that by 6 July 2003 the total period of the applicant's detention would amount to two months and twenty-six days. The applicant's lawyer did not attend the hearing on 9 June 2003. The record of that hearing provided to the Court by the Government shows that the Town Court read in open court thirty-two pages of material presented to it by the investigator and attached to the case file. The materials comprised records of various investigative actions, including the previous decisions on the applicant's arrest and detention. A court registrar made an entry in the record stating that the parties had no objections or amendments. 13 .     The applicant appealed. He complained that the decision of 9 June 2003 had been taken in the absence of his lawyer, who had not been summoned to the hearing, and that he had not been provided with copies of the case file materials attached to the investigator's application for the extension of the detention. A letter of 21 June 2003 from the President of the Ivanovo Town Bar Association was enclosed. The President informed the Regional Court that the applicant's lawyer, Mr Shkryuba, had not been summoned to the hearing of 9 June 2003 as the summons had arrived at the Bar Association only hours before the hearing, by which time Mr Shkryuba had departed on an official mission and therefore it had been impossible to notify him promptly of the hearing. The applicant further argued that the maximum authorised two-month period of his detention had expired on 8 June 2003, taking into account that he had remained in custody during the three days after his arrest in April 2003. Thus, his detention from 8 to 9   June had had no legal basis. 14.     On 3 July 2003 the Ivanovo Regional Court held an appeal hearing. The applicant's lawyer attended. At the end of the hearing the Regional Court issued a decision upholding the extension order of 9 June 2003. The relevant part of the appeal decision read as follows: “It follows from the case file materials that the criminal case requires a certain amount of investigative actions for which additional time is needed. At the same time there are no grounds for change or cancellation of the measure of restraint which was applied to [the applicant]. [The applicant] is charged with a criminal offence which belongs to the category of serious [offences]; [he] has previous convictions [and has had] a suspended sentence; [he] does not have any source of income [and], if released, [he] could pervert the course of justice and abscond. On the basis of the aforementioned, the court correctly concluded [that it was] possible to extend [the applicant's] detention. It also follows from the case materials that in the course of the pre-trial investigation [the applicant] concluded an agreement with counsel, Mr R. Shkryuba, who had been duly notified about the examination of the present case, which is confirmed by the case file materials. [He] did not attend the hearing, his failure to attend being due to his participation in a seminar, in which Mr R. Shkryuba took part merely as a member of the audience, cannot be considered a valid reason. According to a court record, [the applicant]'s rights prescribed by Article 47 of the Russian Code of Criminal Procedure were explained to him; he did not submit any requests. In such circumstances the fact that the case was examined in the absence of counsel Mr R. Shkryuba cannot be considered a violation of [the applicant's] right to defence.” D.     Detention order of 3 July 2003 15 .     On 3 July 2003 the Teykovo Town Court authorised an extension of the applicant's detention for an additional twenty-nine days, that is until 4   August 2003. The Town Court found no grounds for changing the measure of restraint, holding that the applicant had been charged with several serious offences, he had no “official” place of employment, and had a previous conviction, having received a suspended sentence. The Town Court noted that all those facts attested to the “criminal orientation” of the applicant's personality and that if released he was liable to reoffend, pervert the course of justice and abscond. As regards the applicant's argument that his detention from 8 to 9 June 2003 had been unlawful, the Town Court held as follows: “By virtue of Article 109 § 10 of the Russian Code of Criminal Procedure [the court] accepts the arguments by the defence that the three days of [the applicant's] detention in the capacity of a suspect (from 6 to 9 April 2003) should be included in the period of his detention. Thus, the aforementioned three days should be included in the total period of [the applicant's] detention.” 16.     On 15 July 2003 the Ivanovo Regional Court upheld the detention order of 3 July 2003, supporting the reasoning of the Town Court. The Regional Court, however, excluded the remarks about the applicant's personality from that detention order. E.     Further extensions of detention 17.     It appears from the parties' submissions that after 4 August 2003 the applicant's detention was regularly extended in view of his alleged liability to abscond, pervert the course of justice and reoffend. F.     Conviction 18.     On 31 October 2003 the Teykovo Town Court found the applicant guilty of several counts of aggravated robbery and sentenced him to four years' imprisonment. On 9 December 2003 the Regional Court upheld the conviction. G.     Conditions of the applicant's pre-trial detention 19.     From 14 April to 29 December 2003 the applicant was detained in temporary detention facility no. 1 in the town of Ivanovo (hereinafter “facility no. IZ-37/1” or “the detention facility”). 20.     The Government, relying on a certificate issued on 10 December 2007 by the director of facility no. IZ-37/1, submitted that during the period in question the applicant had been detained in three different cells. Cell no. 135, where he was detained on 14 and 15 April 2003, measured 30.8 square metres and housed three other detainees. From 15 April to 14 October 2003 the applicant was kept in cell no. 93, measuring 21.8 square metres and accommodating twenty-two detainees. From 14 October 2003 until his release the applicant was detained in cell no. 61. Seventeen other inmates shared 25.3 square metres of that cell with the applicant. The Government noted that the applicant, having been provided with a complete set of bedding, had an individual sleeping place at all times. However, as it follows from the above-mentioned certificate provided by the director, the number of inmates indicated by the facility for each cell in which the applicant had been detained was an average one. 21.     Citing the information provided by the director of the facility, the Government further submitted that the cells received natural light and ventilation through a large window 1.2 metres long and 0.9 metres wide. The cells had ventilation shafts and were equipped with lights which functioned day and night. Each cell was equipped with a lavatory pan, a sink and a tap for running water. The pan was separated from the living area by a partition one metre and eighty centimetres high. Inmates were allowed to take a shower once a week for forty minutes. Clean bedding was also provided once a week. The cells were disinfected. Inmates were afforded an hour of outdoor recreation per day in small yards equipped with wooden benches and covered by a shed roof against rain and snow. The Government, relying on the information provided by the director of the facility, further stated that the applicant was given food “in accordance with the established norms”. According to the Government, detainees including the applicant were provided with medical assistance. The Government furnished a copy of the applicant's medical record. 22.     The applicant did not contest the cell measurements. However, he insisted that the cells had been severely overcrowded and that he had had less than two square metres of living space. He stressed that cell no. 93, where he had spent the major part of his detention in facility no. IZ-37/1, had ten sleeping places and had usually housed twenty-eight to thirty-six inmates. Cell no. 61, equipped with twelve bunks, had also been overcrowded. Inmates had to take turns to sleep. They were not provided with bedding. The applicant further submitted that the sanitary conditions had been appalling. The cells were infested with insects but the management did not provide any insecticide. There was no artificial ventilation in the cells. It was impossible to take a shower, as a large number of inmates had to take a shower simultaneously during a very short period of time. Inmates had to wash and dry their laundry indoors, creating excessive humidity in the cells. The lavatory pan was separated from the living area by a small partition. At no time did inmates have complete privacy. No toiletries were provided. The food was of poor quality and in short supply. Everyday outdoor exercise usually lasted less than an hour. Recreation yards were no more than small boxes measuring ten square metres, separated from each other with concrete walls and covered with a metal net. The applicant further argued that medical assistance was unavailable. H.     Alleged beatings in the detention facility 23.     According to the applicant, in April 2003 a group of officers of a special-purpose squad arrived at the detention facility for the purpose of rendering practical assistance in maintaining the detention regime. Their method of assistance was as follows: they gave detainees ten seconds to leave a cell. Those who failed to comply were severely beaten up. The applicant alleged that he too had been beaten up. However, no serious injuries were caused. II.     RELEVANT DOMESTIC LAW A.     Conditions of detention 24.     Section 22 of the Detention of Suspects Act (Federal Law no.   103 ‑ FZ of 15 July 1995) provides that detainees should be given free food sufficient to maintain them in good health according to standards established by the Government of the Russian Federation. Section 23 provides that detainees should be kept in conditions which satisfy sanitary and hygienic requirements. They should be provided with an individual sleeping place and given bedding, tableware and toiletries. Each inmate should have no less than four square metres of personal space in his or her cell. B.     Placement in custody and detention 25.     Until 1 July 2002 criminal law matters were governed by the Code of Criminal Procedure of the Russian Soviet Federalist Socialist Republic (Law of 27 October 1960, “the old CCrP”). From 1 July 2002 the old CCrP was replaced by the Code of Criminal Procedure of the Russian Federation (Law no. 174-FZ of 18 December 2001, “the new CCrP”). 1.     Preventive measures. 26.     “Preventive measures” or “measures of restraint” include an undertaking not to leave a town or region, a personal guarantee, bail and remand in custody (Article 89 of the old CCrP, Article 98 of the new CCrP). 2.     Authorities ordering detention 27 .     The Russian Constitution of 12 December 1993 provides that a judicial decision is required before a defendant can be detained or his or her detention extended (Article 22). Under the old CCrP, a decision ordering detention could be taken by a prosecutor or a court (Articles 11, 89 and 96). The new CCrP requires a judicial decision by a district or town court on a reasoned request by a prosecutor, supported by appropriate evidence (Article 108 §§   1, 3-6). 3.     Grounds for remand in custody 28.     When deciding whether to remand an accused in custody, the competent authority is required to consider whether there are “sufficient grounds to believe” that he or she would abscond during the investigation or trial or obstruct the establishment of the truth or reoffend (Article 89 of the old CCrP). It must also take into account the gravity of the charge and information on the accused's character, his or her profession, age, state of health, family status and other circumstances (Article 91 of the old CCrP, Article 99 of the new CCrP). 29 .     Before 14 March 2001, remand in custody was authorised if the accused was charged with a criminal offence carrying a sentence of at least one year's imprisonment or if there were “exceptional circumstances” in the case (Article 96). On 14 March 2001 the old CCrP was amended to permit defendants to be remanded in custody if the charge carried a sentence of at least two years' imprisonment, if they had previously defaulted, had no permanent residence in Russia or if their identity could not be ascertained. The amendments of 14 March 2001 also repealed the provision that permitted defendants to be remanded in custody on the sole ground of the dangerous nature of the criminal offence they had allegedly committed. The new CCrP reproduced the amended provisions (Articles 97 § 1 and 108 § 1) and added that a defendant should not be remanded in custody if a less severe preventive measure was available. 4.     Arrest and release following the arrest 30.     Article 94 of the new CCrP prescribes that on expiration of forty ‑ eight hours following arrest an accused should be released if a decision authorising his detention has not been issued or if a court has adjourned consideration of the detention issue. If a decision authorising an accused's placement in custody or extension of his detention has not been issued within forty-eight hours of the arrest the head of a detention facility should release the accused after notifying investigating authorities or a prosecutor of the release. 5.     Time-limits for detention (a)     Two types of remand in custody 31.     The Codes make a distinction between two types of remand in custody: the first being “during investigation”, that is while a competent agency – the police or a prosecutor's office – is investigating the case, and the second being “before the court” (or “during judicial proceedings”), at the judicial stage. Although there is no difference in practice between them (the detainee is held in the same detention facility), the calculation of the time-limits is different. (b)     Time-limits for detention “during investigation” 32 .     After arrest the suspect is placed in custody “during investigation”. The maximum permitted period of detention “during investigation” is two months, but this can be extended for up to eighteen months in “exceptional circumstances”. Under the old CCrP, extensions were authorised by prosecutors of ascending hierarchical levels but they must now be authorised by judicial decisions taken by courts of ascending levels (under the new CCrP). No extension of detention “during investigation” beyond eighteen months is possible (Article 97 of the old CCrP, Article 109 § 4 of the new CCrP). 33 .     The period of detention “during investigation” is calculated up to the date on which the prosecutor sends the case to the trial court (Article 97 of the old CCrP, Article 109 § 9 of the new CCrP). 34 .     Access to the materials in the file is to be granted no later than one month before the expiry of the authorised detention period (Article 97 of the old CCrP, Article 109 § 5 of the new CCrP). If the defendant needs more time to study the case file, a judge, on a request by a prosecutor, may grant an extension of the detention until such time as the file has been read in full and the case sent for trial (Article 97 of the old CCrP, Article 109 § 8 (1) of the new CCrP). Under the old CCrP, such an extension could not be granted for longer than six months. 35.     Under the old CCrP, the trial court was entitled to refer the case back for “additional investigation” if it found procedural defects that could not be remedied at the trial. In such cases the defendant's detention was again classified as “during investigation” and the relevant time-limit continued to apply. If, however, the case was remitted for additional investigation but the investigators had already used up all the time authorised for detention “during investigation”, a supervising prosecutor could nevertheless extend the detention period for one additional month, starting from the date on which he or she received the case. Subsequent extensions could only be granted if the detention “during investigation” had not exceeded eighteen months (Article 97). (c)     Time-limits for detention “before the court”/”during judicial proceedings” 36.     From the date the prosecutor refers the case to the trial court the defendant's detention is classified as “before the court” (or “during judicial proceedings”). 37 .     Before 15 June 2001 the old CCrP set no time-limit for detention “during judicial proceedings”. On 15 June 2001 a new Article, 239-1, entered into force which established that the period of detention “during judicial proceedings” could not generally exceed six months from the date the court received the file. However, if there was evidence to show that the defendant's release might impede a thorough, complete and objective examination of the case, a court could – of its own motion or at the request of a prosecutor – extend the detention by no longer than three months. These provisions did not apply to defendants charged with particularly serious criminal offences. 38 .     The new CCrP provides that the term of detention “during judicial proceedings” is calculated from the date the court receives the file to the date on which judgment is given. The period of detention “during judicial proceedings” may not normally exceed six months, but if the case concerns serious or particularly serious criminal offences, the trial court may approve one or more extensions of no longer than three months each (Article 255 §§   2 and 3). 6.     Proceedings to examine the lawfulness of detention (a)     Detention “during investigation” 39.     Under the old CCrP, the detainee or his or her counsel or representative could challenge a detention order issued by a prosecutor, and any subsequent extension order, before a court. The judge was required to review the lawfulness of and justification for a detention or extension order no later than three days after receipt of the relevant papers. The review was to be conducted in camera in the presence of a prosecutor and the detainee's counsel or representative. The detainee was to be summoned and a review in his absence was only permissible in exceptional circumstances, if the detainee waived his right to be present of his own free will. The judge could either dismiss the challenge or revoke the pre-trial detention and order the detainee's release (Article 220-1). An appeal to a higher court lay against the judge's decision. It had to be examined within the same time-limit as appeals against a judgment on the merits (see paragraph 96 below) (Article   331 in fine ). 40.     Under the new CCrP, an appeal against a judicial decision ordering or extending detention may be lodged with a higher court within three days. The appeal court must rule on the appeal within three days of its receipt (Article 108 § 10). (b)     During judicial proceedings 41.     Upon receipt of the case file, the judge must determine, in particular, whether the defendant should be held in custody or released pending the trial hearings (Article 222 § 5 and Article 230 of the old CCrP, Article   228   (3) and Article 231 § 2 (6) of the new CCrP) and rule on any application by the defendant for release (Article 223 of the old CCrP). 42.     At any time during the judicial proceedings the court may order, vary or revoke any preventive measure, including remand in custody (Article 260 of the old CCrP, Article 255 § 1 of the new CCrP). Any such decision must be given in the deliberation room and signed by all the judges on the bench (Article 261 of the old CCrP, Article 256 of the new CCrP). 43.     An appeal against such a decision lies to a higher court. It must be lodged within ten days and examined within the same time-limit as an appeal against the judgment on the merits (Article 331 of the old CCrP, Article 255 § 4 of the new CCrP – see paragraph 96 below). 7.     Time-limits for trial proceedings 44 .     Under the old CCrP, within fourteen days of receipt of the case file (if the defendant was in custody), the judge was required either: (1) to fix a date for the trial; (2) to refer the case back for further investigation; (3) to stay or discontinue the proceedings; or (4) to refer the case to a court having jurisdiction to hear it (Article 221). The new CCrP empowers the judge, within the same time-limit, (1) to refer the case to a competent court; (2) to fix a date for a preliminary hearing; or (3) to fix a trial date (Article 227). In the latter case, the trial proceedings must begin no later than fourteen days after the judge has fixed the trial date (Article 239 of the old CCrP, Article   233 § 1 of the new CCrP). There are no restrictions on fixing the date of a preliminary hearing. 45.     The duration of the entire trial proceedings is not limited in time. 46.     Under the old CCrP, the appeal court was required to examine an appeal against the first-instance judgment within ten days after it was lodged. In exceptional circumstances or in complex cases or in proceedings before the Supreme Court this period could be extended by up to two months (Article 333). No further extensions were possible. The new CCrP provides that the appeal court must start the examination of the appeal no later than one month after it is lodged (Article 374). C.     Relation between a period of pre-trial detention and duration of a sentence 47 .       Article 72 §§ 3 and 4 of the Russian Criminal Code of 1996 provides that the time spent by the accused person in pre-trial detention and detention pending trial is included in the duration of the deprivation of liberty pursuant to the conviction. III.     RELEVANT INTERNATIONAL DOCUMENTS General conditions of detention 48.     The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the Russian Federation from 2 to 17 December 2001. The section of its Report to the Russian Government (CPT/Inf (2003) 30) dealing with the conditions of detention in temporary holding facilities and remand establishments and the complaints procedure read as follows: “b.     temporary holding facilities for criminal suspects (IVS) 26.     According to the 1996 Regulations establishing the internal rules of Internal Affairs temporary holding facilities for suspects and accused persons, the living space per person should be 4 m². It is also provided in these regulations that detained persons should be supplied with mattresses and bedding, soap, toilet paper, newspapers, games, food, etc. Further, the regulations make provision for outdoor exercise of at least one hour per day. The actual conditions of detention in the IVS establishments visited in 2001 varied considerably. ... 45.     It should be stressed at the outset that the CPT was pleased to note the progress being made on an issue of great concern for the Russian penitentiary system: overcrowding. When the CPT first visited the Russian Federation in November 1998, overcrowding was identified as the most important and urgent challenge facing the prison system. At the beginning of the 2001 visit, the delegation was informed that the remand prison population had decreased by 30,000 since 1 January 2000. An example of that trend was SIZO No 1 in Vladivostok, which had registered a 30% decrease in the remand prison population over a period of three years. ... The CPT welcomes the measures taken in recent years by the Russian authorities to address the problem of overcrowding, including instructions issued by the Prosecutor General's Office, aimed at a more selective use of the preventive measure of remand in custody. Nevertheless, the information gathered by the Committee's delegation shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. In this respect, the CPT reiterates the recommendations made in its previous reports (cf. paragraphs 25 and 30 of the report on the 1998 visit, CPT (99) 26; paragraphs 48 and 50 of the report on the 1999 visit, CPT (2000) 7; paragraph 52 of the report on the 2000 visit, CPT (2001) 2). ... 125.     As during previous visits, many prisoners expressed scepticism about the operation of the complaints procedure. In particular, the view was expressed that it was not possible to complain in a confidential manner to an outside authority. In fact, all complaints, regardless of the addressee, were registered by staff in a special book which also contained references to the nature of the complaint. At Colony No 8, the supervising prosecutor indicated that, during his inspections, he was usually accompanied by senior staff members and prisoners would normally not request to meet him in private “because they know that all complaints usually pass through the colony's administration”. In the light of the above, the CPT reiterates its recommendation that the Russian authorities review the application of complaints procedures, with a view to ensuring that they are operating effectively. If necessary, the existing arrangements should be modified in order to guarantee that prisoners can make complaints to outside bodies on a truly confidential basis.” THE LAW I.     ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION ON ACCOUNT OF THE CONDITIONS OF THE APPLICANT'S DETENTION IN FACILITY NO. IZ-37/1 49.     The applicant complained that the conditions of his detention in facility no. IZ-37/1 in Ivanovo had been in breach of Article 3 of the Convention, which reads as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” A.     Submissions by the parties 50.     In their observations lodged with the Court on 23 January 2008 the Government firstly submitted that in view of the applicant's failure to raise his grievances before any competent Russian authority the present complaint should be dismissed for failure to exhaust domestic remedies. In particular, they argued that the applicant could have improved his situation by lodging complaints with the administration of the detention facility or bringing an action in tort. The Government stressed that there exists an effective judicial practice of tort actions in the Russian Federation by which detainees are able to obtain compensation for damage resulting from their detention in unsatisfactory conditions. The Government cited a case of a Mr   D., who had been awarded 25,000 Russian roubles (RUB) against the Federal Service for Execution of Sentences in compensation for damage which had caused him to be infected with scabies in a remand prison. 51 .     In another line of argument the Government, while alleging that the applicant's complaint was manifestly ill-founded, acknowledged that the domestic sanitary norm of four square metres of personal space per inmate had not always been respected in detention facility no. IZ-37/1. However, they stressed that failure to respect such a sanitary norm should not immediately lead to a finding a violation of Article 3 of the Convention, as the Court should take into account the remaining features of the conditions of the applicant's decision (lighting, sanitary conditions, privacy, etc.) which complied with domestic legal requirements and the guarantees of Article 3 of the Convention. 52 .     In their further observations lodged with the Court on 8 May 2008 the Government submitted that an internal inquiry into the applicant's complaints concerning the conditions of his detention had been carried out. The inquiry confirmed that the applicant had been detained in overcrowded cells. As a result of the inquiry a decision had been taken to institute disciplinary proceedings against officials of the facility responsible for admitting an excessive number of inmates to the facility. However, in view of the fact that the officials responsible no longer worked in the detention facility, the proceedings were discontinued. 53.     The applicant insisted that the conditions of his detention had been inhuman and degrading. He pointed to the Government's failure to correctly cite the certificate issued by the facility director in respect of the number of detainees. The applicant noted that the director had merely indicated an average number of inmates and had failed to produce original records listing the exact number of inmates in the cells on different dates or to indicate the maximum number of inmates detained together with the applicant. B.     The Court's assessment 1.     Admissibility 54.     As to the Government's objection about the applicant's failure to exhaust domestic remedies, the Court has already rejected identical objections by the Russian Government in a number of cases regarding the conditions of detention, having found that neither a complaint to the administration of a detention facility (see Benediktov v. Russia , no. 106/02, § 29, 10 May 2007, with further references) nor a tort action (see, for example, Aleksandr Makarov v. Russia , no. 15217/07, §§   82-91, 12 March 2009, and, most recently, Artyomov v. Russia , no. 14146/02, § 112, 27 May 2010) could be regarded as an effective remedy for the purpose of Article   35 § 1 of the Convention. Moreover, in the case of Nazarov v.   Russia (no. 13591/05, § 77, 26 November 2009) the Court has dealt with the Government's argument on the basis of the reference to the award made by the Russian courts in favour of a Mr D. The Court noted that the problems arising from the conditions of the applicant's detention had apparently been of a structural nature, for which no effective domestic remedy had been shown to exist, and that the case to which the Government had referred did not concern detention in overcrowded cells but rather a detainee's infection with scabies. The Court finds no reason to depart from its previous findings in the present case. Accordingly, it dismisses the Government's objection as to non-exhaustion of domestic remedies. 55.     The Court further notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible. 2.     Merits 56.     The Court observes that the parties have disputed certain aspects of the conditions of the applicant's detention in facility no. IZ-37/1 in Ivanovo. However, there is no need for the Court to establish the veracity of each and every allegation, because it finds a violation of Article 3 on the basis of the facts which have been presented to it and which the respondent Government did not refute. 57.     The focal point for the Court's assessment is the living space afforded to the applicant in the detention facility. The main characteristic which the parties did agree upon was the size of the cells in which the applicant had been detained. The applicant claimed that the number of detainees in the cells had considerably exceeded their design capacity. Although in their final observations to the Court the Government no longer disputed the overcrowding in the cells, the Court still considers it necessary to address the evidence presented to it by the Government in support of their description of the conditions of the applicant's detention. 58.     The Court notes that in their initial observations the Government, relying on certificates issued by the director of the detention facility four years after the applicant's detention in that facility had come to an end, submitted that the applicant had had an individual sleeping place at all times. At the same time they did not refer to any original source of information on the basis of which their assertion could be verified. In this connection the Court notes that on several previous occasions when the Government have failed to submit original records it has held that documents prepared after a considerable period of time cannot be viewed as sufficiently reliable, given the length of time that has elapsed (see, among recent authorities, Novinskiy v. Russia , no. 11982/02, § 105, 10 February 2009, and Shilbergs v. Russia , no. 20075/03, § 91, 7 December 2009). The Court is of the view that these considerations hold true in the present case. The certificates prepared by the Russian authorities four years after the events in question cannot be regarded as sufficiently reliable sources of data. 59.     Accordingly, having regard to the Government's admission made in their final observations (see paragraph 52 above), the Court finds it established that the cells in facility no. IZ-37/1 were overcrowded. The Court also accepts the applicant's submissions that, owing to the overpopulation in the cells and the resulting lack of sleeping places, he had to take turns with other inmates to rest. Given the size of the cells and number of detainees detained in them at the same time, the Court entertains doubt that there was sufficient floor space even to pace out the cell. 60.     Irrespective of the reasons for the overcrowding, the Court reiterates that it is incumbent on the respondent Government to organise its penitentiary system in such a way as to ensure respect for the dignity of detainees, regardless of financial or logistical difficulties (see Mamedova v.   Russia , no. 7064/05, § 63, 1 June 2006). 61.     The Court has frequently found a violation of Article 3 of the Convention on account of lack of personal space afforded to detainees (see Khudoyorov v. Russia , no. 6847/02, §§   104 et seq., ECHR 2005-... (extracts); Labzov v. Russia , no. 62208/00, §§   44 et seq., 16 June 2005; Novoselov v. Russia , no. 66460/01, §§   41 et seq., 2 June 2005; Mayzit v.   Russia , no. 63378/00, §§ 39 et seq., 20 January 2005; Kalashnikov v.   Russia , no. 47095/99, §§ 97 et seq., ECHR 2002-VI; and Peers v. Greece , no.   28524/95, §§ 69 et seq., ECHR 2001-III). More specifically, the Court reiterates that it has already found a violation of Article 3 on account of detention of applicants in overcrowded conditions in detention facility no. IZ-37/1 (see Korobov and Others v. Russia , no. 67086/01, §§ 22-30, 27   March 2008). 62.     Having regard to its case-law on the subject and the material submitted by the parties, the Court notes that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. Although in the present case there is no indication that there was a positive intention to humiliate or debase the applicant, the Court finds that the fact that the applicant was obliged to live, sleep and use the toilet in the same cell as so many other inmates for almost a year was itself sufficient to cause distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention, and to arouse in him feelings of fear, anguish and inferiority capable of humiliating and debasing him. 63.     The Court finds, accordingly, that there has been a violation of Article 3 of the Convention because the applicant was subjected to inhuman and degrading treatment on account of the conditions of his detention in facility no. IZ-37/1 in Ivanovo. II.     ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 64.     The applicant complained under Article 5 § 1 (c) of the Convention that his detention from 8 to 9 June 2003 had been unlawful. The relevant parts of Article 5 provide: “1.     Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so...” A.     Submissions by the parties 65.     In their observations lodged with the Court on 23 January 2008 the Government first submitted that by virtue of Article 109 of the new Russian CCrP the initial period of a suspect's detention may not exceed two months. They further acknowledged that in violation of Article 109 § 10 (1) of the new CCrP the Teykovo Town Court had not included the three days of the applicant's detention in April 2003 in the two-month period of his detention authorised on 11 April 2003. However, the Government stressed that the applicant's complaint was inadmissible because he had failed to exhaust domestic remedies. Neither in the hearing on 11 April 2003 n