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You are here: BAILII >> Databases >> European Court of Human Rights >> VINOKUROV AND OTHERS v. RUSSIA - 72535/17 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2022] ECHR 848 (13 October 2022) URL: http://www.bailii.org/eu/cases/ECHR/2022/848.html Cite as: [2022] ECHR 848, CE:ECHR:2022:1013JUD007253517, ECLI:CE:ECHR:2022:1013JUD007253517 |
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THIRD SECTION
CASE OF VINOKUROV AND OTHERS v. RUSSIA
(Applications nos. 72535/17 and 43 others –
see appended list)
JUDGMENT
STRASBOURG
13 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Vinokurov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 September 2022,
Delivers the following judgment, which was adopted on that date:
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the inadequate conditions of their on‑going detention in post-conviction facilities.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
6. The applicants complained of the inadequate conditions of their on‑going detention in correctional colonies. They relied on Article 3 of the Convention, which reads as follows:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
7. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Kudła v. Poland [GC], no. 30210/96, §§ 90‑94, ECHR 2000‑XI, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139‑65, 10 January 2012). It reiterates in particular that extreme lack of space in a prison cell or overcrowding weighs heavily as an aspect to be taken into account for the purpose of establishing whether the impugned detention conditions were “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see, amongst many authorities, Karalevičius v. Lithuania, no. 53254/99, §§ 36–40, 7 April 2005).
8. In the leading case of Sergey Babushkin v. Russia, no. 5993/08, 28 November 2013, the Court already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
12. Regard being had to the documents in its possession and to its case‑law (see, in particular, Sergey Babushkin v. Russia, (just satisfaction), no. 5993/08, 16 October 2014 and Mozharov and Others v. Russia, no. 16401/12 and 9 others, 21 March 2017), the Court considers it reasonable to award the sums indicated in the appended table.
13. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of on-going detention in post-conviction facilities;
4. Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default during the default period plus three percentage points.
Done in English, and notified in writing on 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention after conviction)
Application no. Date of introduction |
Applicant’s name Year of birth
|
Facility Start and end date Duration |
Inmates per brigade Sq. m per inmate Number of toilets per brigade |
Specific grievances |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
72535/17 28/09/2017 |
Andrey Yuryevich VINOKUROV 1973 |
IK-11 Nizhniy Novgorod Region 29/10/2012 pending More than 9 year(s) and 9 month(s) and 7 day(s) |
1.5 m² |
infestation of cell with insects/rodents, lack of fresh air, overcrowding, passive smoking |
12,500 |
|
73156/17 08/11/2017 |
Mikhail Vasilyevich GREKOV 1968 |
IK-11 Nizhniy Novgorod Region 04/03/2012 pending More than 10 year(s) and 5 month(s) and 1 day(s) |
180 inmate(s) 1.5 m² 6 toilet(s) |
no or restricted access to running water, poor quality of food, lack of or insufficient physical exercise in fresh air |
12,500 |
|
78879/17 03/11/2017 |
Aleksey Vladimirovich PEREVOZKIN 1982 |
IK-11 of Nizhniy Novgorod Region 20/12/2012 Pending More than 9 year(s) and 7 month(s) and 16 day(s) |
44 inmate(s) 1.8 m² |
infestation of cell with insects/rodents, sharing cells with inmates infected with contagious disease, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, poor quality of food |
12,500 |
|
83330/17 25/11/2017 |
Aleksandr Borisovich TESALOVSKIY 1958 |
IK-11 Nizhniy Novgorod Region 14/04/2013 pending More than 9 year(s) and 3 month(s) and 22 day(s) |
115 inmate(s) 1.3-2 m² 5 toilet(s) |
lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to toilet |
12,500 |
|
1142/18 12/12/2017 |
Sergey Konstantinovich NIKITIN 1984 |
IK-11 Nizhniy Novgorod Region 20/02/2017 pending More than 5 year(s) and 5 month(s) and 16 day(s) |
1.2 m² |
lack of fresh air, infestation of cell with insects/rodents, poor quality of food, overcrowding, no or restricted access to warm water, no or restricted access to shower |
12,500 |
|
1238/18 11/12/2017 |
Aleksey Aleksandrovich GLADKIKH 1974 |
IK-11 Nizhniy Novgorod Region 01/10/2012 pending More than 9 year(s) and 10 month(s) and 4 day(s) |
1.5 m² |
lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, poor quality of food, overcrowding |
12,500 |
|
1866/18 13/12/2017 |
Aleksey Nikolayevich FEDOSEYEV 1968 |
IK-11 Nizhniy Novgorod Region 01/09/2014 pending More than 7 year(s) and 11 month(s) and 4 day(s) |
1.2 m² |
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of toiletries, accommodation in the room for leisure activity |
12,500 |
|
7110/18 23/01/2018 |
Sergey Aleksandrovich CHEPURNOV 1976 |
IK-11 the Nizhniy Novgorod Region 30/11/2015 pending More than 6 year(s) and 8 month(s) and 6 day(s) |
56 inmate(s) 1.6 m² 7 toilet(s) |
overcrowding, lack of or inadequate hygienic facilities |
12,500 |
|
7562/18 26/01/2018 |
Artur Dzhetulovich TAMBIYEV 1979 |
IK-5 Mordovia Republic 20/01/2017 pending More than 5 year(s) and 6 month(s) and 16 day(s) |
34 inmate(s) 1.1 m² |
sharing cells with inmates infected with contagious disease, infestation of cell with insects/rodents, lack of fresh air, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, poor quality of food, no or restricted access to warm water, no or restricted access to shower, lack of requisite medical assistance |
12,500 |
|
9573/18 05/02/2018 |
Sergey Mikhaylovich TROFIMOV 1994 |
IK-11 Nizhniy Novgorod Region 29/06/2015 pending More than 7 year(s) and 1 month(s) and 7 day(s) |
120 inmate(s) 1.5 m² 7 toilet(s) |
poor quality of food, overcrowding |
12,500 |
|
9647/18 08/04/2018 |
Nikolay Aleksandrovich AGEYKIN 1956 |
IK-11 Nizhniy Novgorod Region 27/10/2014 pending More than 7 year(s) and 9 month(s) and 9 day(s) |
120 inmate(s) 1.5 m² |
overcrowding, passive smoking, poor quality of food, sharing cells with inmates infected with contagious disease, lack of or insufficient electric light |
12,500 |
|
10071/18 13/02/2018 |
Andrey Valentinovich SHALYUGIN 1971 |
IK-11 Nizhniy Novgorod Region 17/06/2013 pending More than 9 year(s) and 1 month(s) and 19 day(s) |
61 inmate(s) 1.5 m² 8 toilet(s) |
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, passive smoking |
12,500 |
|
13025/18 27/02/2018 |
Vitaliy Aleksandrovich KORCHAGIN 1986 |
IK-11 Nizhniy Novgorod Region 01/02/2016 pending More than 6 year(s) and 6 month(s) and 4 day(s) |
160 inmate(s) less than 1.6 m² 8 toilet(s) |
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or inadequate hygienic facilities, insufficient number of toilets and wash basins, passive smoking, inadequate state of the exercise yards |
12,500 |
|
13271/18 14/02/2018 |
Oleg Aleksandrovich MAKAROV 1970 |
IK-11 Nizhniy Novgorod Region 01/09/2015 pending More than 6 year(s) and 11 month(s) and 4 day(s) |
135 inmate(s) 1.2 m² 6 toilet(s) |
overcrowding, no or restricted access to toilet, inadequate temperature, lack of requisite medical assistance |
12,500 |
|
14101/18 02/03/2018 |
Sergey Sergeyevich ALFEROV 1986 |
IK-11 Nizhniy Novgorod Region 20/06/2016 pending More than 6 year(s) and 1 month(s) and 16 day(s) |
1.2 m² |
lack of or poor quality of bedding and bed linen, no or restricted access to warm water, poor quality of food, lack of seasonal clothes, overcrowding |
12,500 |
|
17495/18 26/03/2018 |
Dmirtiy Vladimirovich KOVALEV 1974 |
IK-11 Nizhniy Novgorod Region 25/05/2015 pending More than 7 year(s) and 2 month(s) and 11 day(s)
|
1.6 m² |
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, infestation of cell with insects/rodents, lack of seasonal clothing, lack of fresh air, mouldy or dirty cell |
12,500 |
|
18454/18 26/03/2018 |
Kazbek Elbrusovich KUBALOV 1975 |
IK-11 Nizhniy Novgorod Region 17/01/2017 pending More than 5 year(s) and 6 month(s) and 19 day(s) |
100 inmate(s) 1.4 m² |
lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, overcrowding, lack or inadequate furniture |
12,500 |
|
18774/18 19/03/2018 |
Andrey Aleksandrovich ALEKSEYEV 1991 |
IK-11 Nizhniy Novgorod Region 22/12/2014 pending More than 7 year(s) and 7 month(s) and 14 day(s) |
122 inmate(s) 1.5 m² 8 toilet(s) |
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air |
12,500 |
|
18832/18 02/04/2018 |
Sergey Nikolayevich SMIRNOV 1974 |
IK-11 Nizhniy Novgorod Region 30/11/2017 pending More than 4 year(s) and 8 month(s) and 6 day(s) |
120 inmate(s) 1.2 m² 6 toilet(s) |
overcrowding, insufficient number of toilets and wash basins, lack of fresh air, lack of requisite medical assistance, infestation of cell with insects/rodents |
12,500 |
|
18892/18 01/04/2018 |
Soslan Viktorovich ABISALOV 1983 |
IK-11 Nizhniy Novgorod Region 31/08/2014 pending More than 7 year(s) and 11 month(s) and 5 day(s) |
1.5 m² 6 toilet(s) |
overcrowding, poor quality of food, lack of or inadequate hygienic facilities |
12,500 |
|
21645/18 09/04/2018 |
Andrey Alekseyevich SHEVTSOV 1994 |
IK-11 Nizhniy Novgorod Region 04/08/2017 pending More than 5 year(s) and 1 day(s) |
1.2 m² |
lack of fresh air, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities |
12,500 |
|
21956/18 23/04/2018 |
Yuriy Yuryevich SEMENOV 1982 |
IK-11 Nizhniy Novgorod Region 05/05/2011 pending More than 11 year(s) and 3 month(s) |
122 inmate(s) 1.5-2 m² 6 toilet(s) |
lack of fresh air, poor quality of food, inadequate clothing |
12,500 |
|
22453/18 22/04/2018 |
Vasiliy Viktorovich TSYGANKOV 1985 |
IK-11 Nizhniy Novgorod Region 14/06/2017 pending More than 5 year(s) and 1 month(s) and 22 day(s) |
130 inmate(s) 1.6 m² 6 toilet(s) |
overcrowding, no or restricted access to running water, no or restricted access to toilet, poor quality of food, no or restricted access to shower, lack of fresh air |
12,500 |
|
23386/18 27/04/2018 |
Valeriy Vasilyevich ZNATKOV 1976 |
IK-5 Mordovia Republic 14/03/2017 pending More than 5 year(s) and 4 month(s) and 22 day(s) |
1-1.2 m² |
lack of fresh air, lack of or inadequate hygienic facilities, lack of requisite medical assistance, no or restricted access to shower, sharing cells with inmates infected with contagious disease, overcrowding, no or restricted access to warm water, no or restricted access to toilet, no or restricted access to running water, poor quality of food |
12,500 |
|
23513/18 27/04/2018 |
Iriston Khadzibatyrovich GABISOV 1969 |
IK-5 Mordovia Republic 18/10/2011 pending More than 10 year(s) and 9 month(s) and 18 day(s) |
1-1.2 m² |
infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of requisite medical assistance, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet, overcrowding, poor quality of food, sharing cells with inmates infected with contagious disease |
12,500 |
|
24881/18 23/04/2018 |
Igor Vladimirovich PROKOPENKO 1985 |
IK-11 Nizhniy Novgorod Region 20/05/2015 pending More than 7 year(s) and 2 month(s) and 16 day(s) |
130 inmate(s) 1.8 m² 3 toilet(s) |
overcrowding, mouldy or dirty cell, lack of fresh air, lack of or insufficient physical exercise in fresh air, passive smoking |
12,500 |
|
24910/18 03/05/2018 |
Aleksey Nikolayevich GLAZEPA 1985 |
IK-11 Nizhniy Novgorod Region 24/04/2017 pending More than 5 year(s) and 3 month(s) and 12 day(s) |
1.6 m² |
lack of fresh air, lack of or inadequate hygienic facilities, no clothing allowance, poor quality of food |
12,500 |
|
24923/18 07/05/2018 |
Daniil Sergeyevich KORNILOV 1987 |
IK-11 Nizhniy Novgorod Region 06/10/2014 pending More than 7 year(s) and 9 month(s) and 30 day(s) |
1.6 m² |
lack of or inadequate hygienic facilities, poor quality of food, no clothing allowance, lack of fresh air |
12,500 |
|
26986/18 21/05/2018 |
Sergey Alekseyevich CHERNOV 1977 |
IK-11 Nizhniy Novgorod Region 27/03/2017 pending More than 5 year(s) and 4 month(s) and 9 day(s) |
130 inmate(s) 1.7 m² 8 toilet(s) |
overcrowding, insufficient number of toilets and wash basins, poor quality of food, failure to provide requisite clothing allowance, lack of fresh air |
12,500 |
|
27172/18 23/05/2018 |
Kirill Romanovich ZHUKOV 1992 |
IK-11 Nizhniy Novgorod Region 25/05/2015 pending More than 7 year(s) and 2 month(s) and 11 day(s) |
1.5 m² |
no or restricted access to running water, no or restricted access to toilet, poor quality of food, overcrowding in the kitchen, lack of or poor quality of bedding and bed linen, no or restricted access to shower, lack of requisite medical assistance, constant electric light, inadequate temperature, mouldy or dirty cell
|
12,500 |
|
29335/18 05/06/2018 |
Yuriy Viktorovich GRISHANOV 1986 |
IK-11 Nizhniy Novgorod Region 15/04/2013 pending More than 9 year(s) and 3 month(s) and 21 day(s) |
1.6 m² |
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to toilet |
12,500 |
|
29503/18 14/06/2018 |
Vladimir Ivanovich MORDAKIN 1982 |
IK-11 Nizhniy Novgorod Region 28/08/2015 pending More than 6 year(s) and 11 month(s) and 8 day(s) |
1.3 m² |
overcrowding, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of requisite medical assistance, lack of privacy for toilet, poor quality of food, no or restricted access to shower, scarce space for walking in open air
|
12,500 |
|
29723/18 07/06/2018 |
Maksim Vladimirovich KARGAPOLTSEV 1980 |
IK-11 Nizhniy Novgorod Region 19/10/2015 pending More than 6 year(s) and 9 month(s) and 17 day(s) |
140 inmate(s) 1.5 m² 6 toilet(s) |
overcrowding, no or restricted access to warm water, lack of or restricted access to leisure or educational activities, poor quality of food, lack or insufficient quantity of food, lack of or poor quality of bedding and bed linen
|
12,500 |
|
31734/18 19/06/2018 |
Oleg Vasilyevich YEGOROV 1969 |
IK-11 Nizhniy Novgorod Region 21/02/2011 pending More than 11 year(s) and 5 month(s) and 15 day(s) |
1.4-1.7 m² |
infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, overcrowding, lack or insufficient quantity of food |
12,500 |
|
32312/18 25/06/2018 |
Denis Vladimirovich BOGATYREV 1986 |
IK-11 Nizhniy Novgorod Region 02/05/2017 pending More than 5 year(s) and 3 month(s) and 3 day(s) |
120 inmate(s) 1.6 m² 6 toilet(s) |
overcrowding, poor quality of food, no or restricted access to shower |
12,500 |
|
32325/18 27/06/2018 |
Maksim Antonovich POGORELOV 1985 |
IK-11 Nizhniy Novgorod Region 01/06/2012 pending More than 10 year(s) and 2 month(s) and 4 day(s) |
1.2 m² |
lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities |
12,500 |
|
33128/18 06/07/2018 |
Sergey Nikolayevich DOVNAROVICH 1992 |
IK-11 Nizhniy Novgorod Region 09/09/2013 pending More than 8 year(s) and 10 month(s) and 27 day(s)
|
40 inmate(s) 1.5 m² |
overcrowding, lack of fresh air, inadequate temperature, lack of or inadequate hygienic facilities, lack of toiletries |
12,500 |
|
33177/18 25/06/2018 |
Aleksandr Valeryevich STEPANOV 1974 |
IK-11 Nizhniy Novgorod Region 16/10/2017 pending More than 4 year(s) and 9 month(s) and 20 day(s) |
1.8 m² |
overcrowding, lack of or inadequate hygienic facilities, constant electric light, poor quality of food, mouldy or dirty cell |
12,500 |
|
35298/18 03/07/2018 |
Nikolay Nikolayevich YASINSKIY 1984 |
IK-11 Nizhniy Novgorod Region 15/04/2013 pending More than 9 year(s) and 3 month(s) and 21 day(s) |
120 inmate(s) 1.5 m² 6 toilet(s) |
overcrowding, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen |
12,500 |
|
36193/18 16/07/2018 |
Aleksey Aleksandrovich ZAKAMALDIN 1988 |
IK-11 Nizhniy Novgorod Region 13/03/2017 pending More than 5 year(s) and 4 month(s) and 23 day(s) |
1.5 m² |
lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, overcrowding, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, poor quality of food |
12,500 |
|
59416/18 21/02/2019 |
Aleksandr Eduardovich YEROFEYEV 1961 |
IK-2 Zabaykalskiy Region 03/02/2018 pending More than 4 year(s) and 6 month(s) and 2 day(s) |
130 inmate(s) 1.7 m² 8 toilet(s) |
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to warm water, lack of privacy for toilet, infestation of cell with insects/rodents, poor quality of food, no or restricted access to shower, lack of requisite medical assistance, lack of or restricted access to leisure or educational activities |
12,500 |
|
662/19 07/03/2019 |
Konstantin Vladimirovich POTERTYUKHIN 1970 |
IK-2 Zabaykalskiy Region 30/11/2017 pending More than 4 year(s) and 8 month(s) and 6 day(s) |
130 inmate(s) 1.7 m² 8 toilet(s) |
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of privacy for toilet, no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of requisite medical assistance |
12,500 |
|
666/19 22/02/2019 |
Sergey Nikolayevich SHASHKOV 1964 |
IK-2 Zabaykalskiy Region 22/03/2015 pending More than 7 year(s) and 4 month(s) and 14 day(s) |
140 inmate(s) 1-2 m² 8 toilet(s) |
lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to toilet, no or restricted access to warm water, poor quality of food, no or restricted access to shower, inadequate temperature |
12,500 |
|
27481/19 16/05/2019 |
Vladimir Vladimirovich YAKUSHEV 1979 |
IK-1 Komi Republic 08/02/2017 pending More than 5 year(s) and 5 month(s) and 28 day(s) |
1.9 m² |
lack of fresh air, passive smoking, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, no or restricted access to running water, poor quality of food, sharing cells with inmates infected with contagious disease, no or restricted access to potable water, mouldy or dirty cell, lack of or inadequate hygienic facilities |
12,500 |