6
KIM v. RUSSIA JUDGMENT
31. Turning to the facts of the present case, the Court notes that the
applicant spent two years and ten days in the detention centre for aliens,
which appears to have been designed for short-term detention. This
accounts for the rudimentary state of the centre’s facilities. There was no
running water or toilets in the cells. Hygiene facilities were manifestly
inadequate in relation to the number of detainees. Outdoor exercise was
sporadic and of an extremely limited duration. The Court reiterates in this
connection its well-established case-law that the mere fact of holding an
applicant for a long period of time in an unadapted cell designed only for
short-term detention discloses a violation of Article 3 (see Aslanis
v. Greece, no. 36401/10, § 38, 17 October 2013, with further references;
Kuptsov and Kuptsova v. Russia, no. 6110/03, §§ 69-72, 3 March 2011;
Khristoforov v. Russia, no. 11336/06, §§ 23-27, 29 April 2010, and
Shchebet v. Russia, no. 16074/07, §§ 84-96, 12 June 2008).
32. In addition, the detention centre for aliens was constantly and
severely overcrowded. During the first one and a half years of his detention
the applicant disposed of less than two square metres of personal space. In
the final ten months his situation improved slightly, and periods of
overcrowding, with eight people sharing the eighteen-square-metre cell,
alternated with periods of relative normality when only four of them were
present in the cell. However, the latter periods must be seen against the
background of virtually non-existent outdoor exercise and deficient hygiene
facilities. In previous cases where the applicants disposed of less than three
square metres of personal space, the Court found that the overcrowding was
severe enough to justify, in its own right, a finding of a violation of
Article 3 of the Convention (see Ananyev and Others v. Russia,
nos. 42525/07 and 60800/08, § 145, 10 January 2012).
33. The Government did not dispute the applicant’s account of the
conditions of his detention. They also conceded that those conditions had
fallen short of the standards set forth in Article 3 of the Convention.
34. The Court finds that the applicant had to endure conditions of
detention which must have caused him considerable mental and physical
suffering, diminishing his human dignity. The conditions of his detention
thus amounted to inhuman and degrading treatment within the meaning of
Article 3 of the Convention, even in the absence of any positive intention to
humiliate or debase the applicant on the part of any domestic authority.
35. There has accordingly been a violation of Article 3 of the
Convention.
II. ALLEGED VIOLATIONS OF ARTICLE 5 OF THE CONVENTION
36. The applicant complained that his detention pending expulsion had
been in breach of Article 5 § 1 (f) of the Convention on account of its
excessive length and the obvious impossibility to enforce the order for his