L.M. AND OTHERS v. RUSSIA JUDGMENT
31
above). The centre was staffed with medical professionals who provided the
necessary care to the inmates, including the applicants (see paragraph 59
above).
B. The Court’s assessment
131. The Court has previously found the conditions of detention at some
Russian facilities for foreign nationals to be in breach of Article 3
guarantees. In doing so, the Court has had regard to constant overcrowding
which was severe enough to justify, in its own right, the finding of a
violation of Article 3 of the Convention, seen against the background of
virtually non-existent outdoor exercise and deficient hygiene facilities (see
Kim v. Russia, no. 44260/13, § 32, 17 July 2014).
132. In so far as the applicants complained about the material
conditions, the Government presented a detailed description of the
accommodation facilities, accompanied by relevant documents and other
evidence. L.M. confirmed in his interview of 17 December 2014 that the
material conditions of accommodation had not posed any particular
problems in terms of overcrowding, personal space, hygiene and bathing
facilities or access to regular outdoor exercise (see paragraph 52 above).
M.A. did not make any specific submissions on that subject.
133. Having regard to the parties’ submissions, the Court is satisfied that
the conditions of the applicants’ detention at the Kaluga detention centre
corresponded to the description contained in the Government’s submissions
(see paragraph 129 above). Taking into account the cumulative effect of
those elements, it does not appear that the material conditions of the
applicants’ detention could be regarded as inhuman or degrading.
134. In so far as the applicants complained of ill-treatment and verbal
abuse by the centre guards, the Court notes that the information about two
such incidents in August 2014 had been raised by L.M. and M.A. on
17 December 2014 during meetings with their representatives (see
paragraphs 52 and 53 above). No further details are available; these
statements are not corroborated by any other relevant evidence, such as
complaints to the relevant authorities or medical evidence.
135. In so far as the applicants complained of a lack of medical
treatment which could reach the threshold of treatment in breach of
Article 3, the Court notes that the medical records submitted by the
Government indicate that A.A. and L.M. had sought medical assistance on
several occasions and that the administered treatment had led to an
improvement in their conditions. No medical complaints were raised by the
applicants in December 2014 or later. In fact, L.M. indicated that the
detention centre had been staffed with four nurses who had administered
treatment as needed (see paragraphs 52 and 59 above).
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