2
MAINOV v. RUSSIA JUDGMENT
The decision described the applicant as being “a native (уроженец) of the
Tajikistan Republic”.
8. By letters dated 11 August and 18 November 2014, the Federal
Migration Service asked the Embassy of Tajikistan in Moscow to issue a
laissez-passer document enabling the applicant’s return to Tajikistan. No
reply was received.
9. On an unspecified date the applicant was fingerprinted. It was
discovered that he had been registered in the police database under a
different name. On 11 February 2015 the Federal Migration Service used
that name to request a laissez-passer from the Embassy of Tajikistan. It did
not receive a response.
10. On 10 September 2015 the Federal Migration Service again
attempted to obtain a travel document for the applicant using his original
name. The Embassy did not reply.
11. On 28 July 2016 the governor of the detention centre asked the
Kalininskiy District Court to discontinue the enforcement of the judgment
on the ground that the two-year limitation period in respect of the
applicant’s offence had expired. On 29 July 2016 the District Court granted
the application. The applicant was released on 13 August 2016.
12. While in detention, the applicant was held in standard six-person
cells (Cells 509, 402, 516 and 615) measuring 27.4 square metres which
were furnished with three two-tier bunk beds, six bed stands, six chairs and
a table. Between October 2014 and February 2015 he was also held in a
smaller cell (Cell 514, 13 sq. m, two beds) and a larger cell (Cell 315,
40.2 sq. m, four two-tier bunk beds).
13. Cell 402, in which he stayed from February to September 2015, was
a so-called “closed cell”. The steel door with a peephole and a hatch for
serving food remained under lock at all times and he was not allowed to
leave the cell, except for short and infrequent outdoor exercise. For the first
two months, he had been alone in that cell.
14. The applicant complained about dim lighting, poor quality of food,
insufficient outdoor exercise in cramped conditions, a lack of medical
assistance and a shortage of meaningful activities. The Government
disputed the applicant’s allegations and submitted copies of contracts with
the catering, cleaning and laundering companies and a copy of visitors’
register from the medical unit.
II. RELEVANT DOMESTIC LAW AND PRACTICE
15. For relevant provisions of the domestic law and practice, see Kim
v. Russia, no. 44260/13, §§ 23-25, 17 July 2014.