Cour européenne des droits de l’Homme
13 septembre 2005
Facts
The applicant, Mr. Ostrovar was serving a 10-year sentence in detention. He claimed to have been detained in a cell of 25m² together with more than 20 people at times. According to him it was not always possible to have access to a bed due to overcrowding. The applicant’s fellow inmates had to smoke inside the cell because there were no alternative smoking facilities. Mr. Ostrovar suffered from asthma and because of the exposure to cigarette smoke and the lack of ventilation in the cell he suffered from many asthma attacks.
Complaint
The applicant argued that in view of the overcrowding and the inadequacy of the sanitary conditions, ventilation, heating, opportunities for recreation, health care and food, the conditions of detention amounted to inhuman and degrading treatment, in violation of Article 3 of the Convention.
Court’s ruling
Regarding the specific issue of cigarette smoke, the Court noted that the authorities knew that the applicant was suffering from asthma but did not take any steps to separate him from smokers. The Court considered that the Government did not fulfil their obligation to safeguard the applicant’s health and instead allowed him to be exposed to cigarette smoke, which was dangerous in view of his medical condition, particularly since the applicant was kept in the cell 23 hours a day. Having regard to the cumulative effects of the conditions in the cell, the lack of full medical assistance, the exposure to cigarette smoke, the inadequate food, the time spent in detention and to the specific impact which these conditions could have had on the applicant's health, the Court found that the conditions of detention of the applicant were contrary to Article 3 of the Convention.