The case of Andrey Fedortsov v. the Russian Federation. Views of the UN Human Rights Committee dated July 9, 2024. Communication No. 3034/2017.
In 2017, the author of the communication was assisted in preparing a complaint. Subsequently, the complaint was communicated to the Russian Federation.
The author claimed that he had been held in inhumane conditions in a pre-trial detention facility. The UN Human Rights Committee has found a violation of article 10 of the International Covenant on Civil and Political Rights.
The Committee's legal position is that persons deprived of their liberty should not experience other hardships and hardships than those that are an inevitable consequence of deprivation of liberty, and they should be treated humanely in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (paragraph 9.3 of the Views).
The Committee's assessment of the factual circumstances of the case: the author's arguments that the conditions of detention in the detention facility amounted to inhuman and degrading treatment were taken into account. The UN Human Rights Committee noted that the author described in detail the conditions of his detention in various cells of the detention facility. The UN Human Rights Committee also took note of the results of the prosecutor's inspection and the conclusion of the Federal Penitentiary Service, which, although they did not include a detailed description of the conditions in the cells where the author was held, pointed to the general unsatisfactory condition of the building, the absence of glass in many window openings, unsafe electrical insulation, missing parts of the flooring, humidity levels. and the presence of insects in the cells. In the opinion of the UN Human Rights Committee, these conclusions, characterizing the conditions of detention in the detention facility as posing a real risk to the safety and health of detainees and staff working there, confirmed the author's statements about poor conditions of detention (paragraph 9.2 of the Considerations).
The Committee's conclusions: The facts presented indicated a violation of article 10 of the International Covenant on Civil and Political Rights.