CASE OF FAGANEL v. SLOVENIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
Angelika Nußberger;Vincent A. De Gaetano
5. The applicant was born in 1977 and lives in Ljubljana. 6. The applicant was detained in the closed section of Ljubljana prison from 5 May 2009 to 26 May 2009, in the remand section from 25 August 2009 to 11 February 2010, from 11 March 2011 to 22 March 2011 and from 8 June 2011 to 11 January 2012 and again in the closed section from 24 August 2012 to 4 December 2012. 7. On 25 August 2009 he was held in cell 90 measuring 18.07 square metres (not including a separate 1.75 square metre sanitary facility), shared with four other detainees and with 3.2 square metres of personal space. From 26 August 2009 to 11 February 2010 he was held in cell 50 measuring 8.07 square metres (not including a separate 1.23 square metre sanitary facility) and cell 52 measuring 8.04 square metres (not including a separate 1.25 square metre sanitary facility), alone with almost 7 square metres of personal space or with another detainee with 3.4 square metres of personal space. 8. The cell for two detainees, where the applicant was held in the remand section, contained one bunk bed, one bigger and one smaller table, two chairs, two wardrobes and two 89 x 54 cm windows, which detainees could freely open or close. 9. As regards the general characteristics of the cells in the remand section of Ljubljana prison, material conditions inside the cells and sanitary conditions, see the judgment in Mandić and Jović v. Slovenia, nos. 5774/10 and 5985/10, §§ 10 to 23, 20 October 2011. 10. As to the out-of-cell time in the remand section, the Court found in the aforementioned judgment that detainees in the remand section were confined to their cells day and night, save for two hours of daily outdoor exercise, and an additional two hours per week in a recreation room (Mandić and Jović, cited above, § 78). The Government stated that from 9 February 2011 on detainees could spend three hours per day outdoors. 11. On 18 December 2009 the applicant lodged the application complaining about the prison conditions of his detention from 25 August 2009. In the supplement to his application of 17 September 2013, he complained also about the conditions of his detention from 5 May 2009 to 26 May 2009, from 11 March 2011 to 22 March 2011, from 8 June 2011 to 11 January 2012 and from 24 August 2012 to 4 December 2012.