Cour européenne des droits de l’Homme
25 avril 2013
Facts
The applicant was held for six months in a prison that was overpopulated and in a degraded condition. He shared with another inmate a 9m² cell which was originally planned for only one prisoner. He was locked in his cell for most of the day, with one hour’s walk per day in a small courtyard that did not allow prisoners to move around. His cell was very run-down, the toilet was not partitioned off, the toilet flush was defective, and the cell’s ventilation and lighting were very poor.
Complaint
The applicant complained that he had been subjected to inhuman and degrading conditions of detention, in violation of Article 3 of the Convention.
Court’s ruling
The Court noted that the individual surface area occupied by the applicant (4,5m²) corresponded to the minimum standard recommended by the Committee for the Prevention of Torture (CPT) and was acceptable provided that the prisoners had the possibility of spending a reasonable part of the day outside the cell. The Court noted that in cases such as here where overcrowding was not so significant as to raise a problem in itself under Article 3, other aspects of the conditions of detention had to be taken into consideration, for example the possibility of using the toilet privately, the ventilation system, access to natural light and air etc. In this case, the applicant had very limited opportunities to spend time outside the cell, he also had to share with his cellmate sanitary facilities which were only partially closed off and in a deteriorated condition. The Court considered that the cumulative effect of the cramped conditions and the failings in respect of hygiene regulations amounted to a degrading treatment leading to a violation of Article 3.