b) the area of cells and the number of detainees
All in all, the conditions in 183 cells were extensively examined in еру 47 TDFs covered by the monitoring.
The monitoring findings showed that the legal requirements regarding the health area in the cell at a rate of 3.25
sq.m per person are not met in a number of TDFs.
For instance, the health area in the cells varied from 0.9-4.5 sq.m. Health area was calculated based on the limit
of detainees that can be held in each of the cells covered by the monitoring. It must be stressed that these figures
are applied to the cells the observers visited and studied as part of the monitoring visits. In some IAB TDFs,
apart from small cells not meeting health area requirements, there are also large cells complying with those.
IAB TDF Cells Not Meeting Health Area Requirements.
№
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
IAB TDF
Table 2.
Area of the cell
Panfilov District IAB TDF
0.9 sq.m
Djail District IAB TDF
1.3 sq.m
Talas Oblast IAD TDF
1.8 sq.m
Moscow District IAB TDF
2.5 sq.m
Bishkek City IAD TDF
2.8 sq.m
Kochkor District IAB TDF
2.3 and 1.8 sq.m
At-Bashy District IAB TDF
1.25 sq.m
Suzak District IAB TDF
1.5 sq.m
Nookat District IAB TDF
2.0 sq.m
Kara-Kul District IAB TDF
2.3 sq.m.
Kara-Kuldja IAB TDF
2.45 sq.m.
Uzgen District IAB TDF
2.6 sq.m.
Aravan District IAB TDF
2.25 sq.m.
Balyckchy city IAB TDF
2.8 sq.m.
Karakol city IAB TDF
2.5 and 3.5 sq.m.
Issyk-Kul District IAB TDF
1.3 and 2.0 sq.m.
Excessive limitation of space is a key issue for analyzing detention conditions for compliance with the standards.
Under the case of Labzov v. Russian Federation, the European Court of Human Rights recognized the violation
of the right to freedom from cruel and inhuman treatment and pointed out that “the mere fact that the complainant
had to live, sleep and use toilet in the same cell with many other cellmates is enough to humiliate or insult a
person, cause fear, anxiety and inferiority that can lead to his humiliation and intimidation.”93
The number of persons detained in the cell at the time of the monitoring exceeded the envisaged limit of
detention in this cell in three cases. For example, in the Karabuura District IAB TDF, five persons were held in
one cell whereas the limit is four persons per one cell. The total number of people detained in the TDF at the
time of the monitoring exceeded the limit by 150%. The same situation was in the Ton District IAB TDF where
five persons were held in one cell whereas the limit is four persons per one cell.
93
The Decision of the European Court of Human Rights under the case of Labzov v. Russian Federation. Complaint No. 62208/00.
Strasbourg, 16 June 2005.
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