CASE OF ALEKSANDRAVIČIUS AND OTHERS v. LITHUANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Egidijus Kūris;Iulia Motoc;Paulo Pinto De Albuquerque
4. The applicants were born in 1981, 1982, 1986, 1974 and 1971 respectively. Mr Žanas Aleksandravičius, Mr Andrej Gailiun and Mr Artem Novikov are currently detained in Pravieniškės Correctional Facility. Mr Gražvydas Dūda lives in Kupiškis and Mr Darius Antonovas is detained in Alytus Correctional Facility. 5. The first applicant was detained in Lukiškės Remand Prison from 23 June 2011 to 30 September 2011. The documents submitted to the Court show that he was held in various different remand prison cells where most of the time he had between 1.8 and 2.46 square metres of living space, except for the following periods: - from the evening of 24 June 2011 to the morning of 27 June 2011 he had 3.69 square metres of personal space; - on the evening of 23 June 2011, the morning of 24 June 2011 and the morning of 31 August 2011 he had between 7.38 and 7.8 square metres of personal space. 6. In 2012 the applicant instituted proceedings for damages. He argued that the conditions in which he had been held in Lukiškės Remand Prison had been degrading: the cells had been overcrowded and the conditions unsanitary. 7. On 19 April 2012 the Vilnius Regional Administrative Court established that the applicant had been held in overcrowded cells for three months and three days, given that for that duration he had been held in cells where he had had less than 3.6 square metres of personal space. Nonetheless, the court dismissed the applicant’s complaint about unsanitary conditions in the prison as not actually proven. It noted that the applicant’s complaints had been expressed in abstract terms and that he had not provided accurate information about the conditions in question. The court awarded him 1,000 Lithuanian litai (LTL, approximately 290 euros (EUR)) in compensation for non-pecuniary damage on account of overcrowding. 8. The applicant appealed but on 4 December 2012 the Supreme Administrative Court upheld the first-instance decision. 9. From 22 October 2008 to 10 November 2010 the second applicant was detained in Lukiškės Remand Prison, except for the following periods when he was moved to Švenčionys police station: - from 3 December 2008 to 10 December 2008; - from 23 September 2009 to 29 September 2009; - from 23 December 2009 to 29 December 2009; - from 3 February 2010 to 16 February 2010. The documents submitted to the Court show that he was held in several different remand prison cells where he had between 1.2 and 2.68 square metres of personal space, except for the following days: - the whole of 29 October 2008, the morning of 31 October 2008, the morning of 3 March 2009, the morning of 15 June 2009, the evening of 20 July 2009, the whole of 21 July 2009, the morning of 22 July 2009, the evening of 21 September 2009, the morning of 22 September 2009, the morning of 31 December 2009, the evening of 9 March 2010, the morning of 10 March 2010, the morning of 7 April 2010, the morning of 26 April 2010, the morning of 14 June 2010, the evening of 28 June 2010, the morning of 29 June 2010, the evening of 3 November 2010 and the morning of 4 November 2010. During those periods he had between 3.74 and 3.97 square metres of personal space; - the morning of 23 November 2008, when he had 7.94 square metres of personal space. 10. In 2012 the applicant instituted proceedings for damages. He argued that the conditions in which he had been held in Lukiškės Remand Prison had been degrading: the cells had been overcrowded, had had rats and insects and mould on the walls. They had also been damp and his health had deteriorated. 11. On 7 September 2012 the Vilnius Regional Administrative Court established that the applicant could only request compensation for the period from 3 April 2009 onwards because the applicant had missed the three-year time-limit to lodge a complaint for the preceding period. The court further held that the relevant period was 559 days, and that the applicant had been held in conditions that satisfied the personal space requirement for only 2.5 days. Nonetheless, the applicant’s complaint about unsanitary conditions was dismissed as unsubstantiated as he had not complained about them to the prison authorities. The court awarded him LTL 1,000 (approximately EUR 290) in compensation for non-pecuniary damage on account of overcrowding. 12. The applicant and Lukiškės Remand Prison appealed. On 25 February 2013 the Supreme Administrative Court upheld the firstinstance decision. 13. From 20 July 2009 to 16 June 2010 the third applicant was detained in Lukiškės Remand Prison, except for 9 June 2010 to 11 June 2010. He complained about his conditions of detention from 20 July 2009 to 16 June 2010. The documents before the Court show that he was held in several different remand prison cells where he had: - between 1.8 and 2.65 square metres of personal space from 23 July 2009 to the morning of 24 July 2009; from the evening of 27 July 2009 to 25 August 2009; from the evening of 1 September 2009 to 22 September 2009; from the evening of 23 September 2009 to 27 September 2009; from the evening of 28 September 2009 to 4 November 2009; from the evening of 6 November 2009 to 22 December 2009; from the evening of 23 December 2009 to 16 February 2010; on the evening of 17 February 2010 and on 18 February 2010; from the evening of 19 February 2010 to 22 February 2010; from the evening of 23 February 2010 to 2 March 2010; on the evening of 3 March 2010; from the evening of 4 March 2010 to 19 April 2010; from 21 April 2010 to 12 May 2010; from the evening of 13 May 2010 to 23 May 2010; from the evening of 11 June 2010 to the morning of 12 June 2010; on the morning of 14 June 2010; - between 3.7 and 3.97 square metres of personal space from the evening of 24 July 2009 to the morning of 27 July 2009; from 26 August 2009 to the morning of 1 September 2009; on the morning of 23 September 2009; on the morning of 28 September 2009; on the morning of 5 November 2009; on the morning of 23 December 2009; on the morning of 17 February 2010; on the morning of 19 February 2010; on the morning of 23 February 2010; on the morning of 3 March 2010; on the morning of 4 March 2010; on 20 April 2010; on the morning of 7 May 2010; on the morning of 13 May 2010; on the evening of 12 June 2010; - between 3.13 and 4.3 square metres of personal space from 24 May 2010 to the morning of 9 June 2010; - between 7.24 and 7.31 square metres of personal space from 13 June 2010 to the morning of 16 June 2010. 14. In 2012 the applicant instituted proceedings for damages. He argued that the conditions in which he had been held in Lukiškės Remand Prison had been degrading: the cells had been overcrowded, his health had deteriorated and he had become bald. 15. On 23 October 2012 the Vilnius Regional Administrative Court held that until 10 April 2010 the statutory norm for personal space per prisoner per cell had been five square metres and that since 14 May 2010 it had been 3.6 square metres. The court also held that the applicant had been held for only ten days in conditions that had satisfied the statutory personal space requirement and awarded him LTL 800 (approximately EUR 232) in compensation for non-pecuniary damage on account of overcrowding. The applicant’s complaints about his health and baldness were dismissed as unsubstantiated as the applicant had not provided any evidence that he had ever complained to doctors or the prison authorities about those issues. 16. The applicant argued in an appeal that the compensation amount was too low and stated that he had asked the prison administration to take him to a doctor. Lukiškės Remand Prison argued that the applicant’s complaint was unfounded because the courts imposed sentences on people, it could not refuse to accept prisoners and thus it had no control over their number. On 5 July 2013 the Supreme Administrative Court held that the applicant had not had enough cell space for 319.5 days and increased his compensation to LTL 5,000 (approximately EUR 1,450). The court reiterated that the applicant’s complaints about his health were unsubstantiated and that the applicant himself had not been able to prove that his health had deteriorated or that he had complained to a doctor. 17. The fourth applicant was detained in Lukiškės Remand Prison from 25 February 2011 to 27 August 2012, except for the following periods when he was in a prison hospital: - from 17 May 2011 to 1 June 2011; - from 8 September 2011 to 19 September 2011; - from 21 November 2011 to 24 November 2011; - from 15 January 2012 to 15 February 2012; - from 18 June 2012 until 26 June 2012; - from 5 July 2012 to 19 July 2012; - from 8 August 2012 to 13 August 2012. The documents before the Court show that he was held in several different cells in the remand prison where he had: - between 1.2 and 2.7 square metres of personal space from the evening of 25 February 2011 to the morning of 28 February 2011; from the morning of 3 March 2011 to 15 March 2011; from the evening of 16 March 2011 to 7 April 2011; from 13 May 2011 to the morning of 16 May 2011; on the evening of 1 June 2011; on 27 July 2011; on the evening of 28 July 2011; from 26 August 2011 to 29 August 2011; from 20 September 2011 to the morning of 21 September 2011; on the evening of 24 November 2011; from the evening of 30 November 2011 to 7 December 2011; from the evening of 8 December 2011 to 10 January 2012; from the evening of 11 January 2012 to 21 February 2012; from the evening of 22 February 2012 to the morning of 7 March 2012; from the evening of 8 March 2012 to 14 March 2012; from the evening of 15 March 2012 to 28 March 2012; from the evening of 29 March 2012 to 1 April 2012; from the evening of 2 April 2012 to 3 April 2012; from the evening of 4 April 2012 to 5 June 2012; from the evening of 6 June 2012 to 26 June 2012; on the evening of 26 June 2012; on the evening of 27 June 2012; from the evening of 28 June 2012 to 1 July 2012; from 19 July 2012 to 22 July 2012; from the evening of 23 July 2012 to 7 August 2012; from the evening of 16 August 2012 to the morning of 21 August 2012; from the evening of 23 August 2012 to the morning of 27 August 2012; - between 3.27 and 4 square metres of personal space from the evening of 28 February 2011 to 2 March 2011; on the morning of 16 March 2011; from 8 April 2011 to 20 April 2011, from the evening of 21 April 2011 to the morning of 12 May 2011; on the evening of 16 May 2011; on the evening of 2 June 2011; on the evening of 3 June 2011; from 4 June 2011 to 16 June 2011; on the evening of 17 June 2011; from 18 June 2011 to 20 June 2011; on the evening of 21 June 2011; on the evening of 22 June 2011; from 23 June 2011 to the morning of 21 July 2011; from the evening of 21 July 2011 to 26 July 2011; on the morning of 28 July 2011; from the evening of 30 August 2011 to 7 September 2011; from the evening of 27 September 2011 to 9 October 2011; from the evening of 10 October 2011 to 12 October 2011; on the evening of 13 October 2011; from the evening of 14 October 2011 to 1 November 2011; from the evening of 5 November 2011 to 17 November 2011; from the evening of 18 November 2011 to 20 November 2011; from 29 November 2011 to the morning of 30 November 2011; on the morning of 11 January 2012; from the evening of 7 March 2012 to the morning of 8 March 2012; on the morning of 15 March 2012; on the morning of 29 March 2012; on the morning of 2 April 2012; on the morning of 4 April 2012; on the morning of 6 June 2012; on the morning of 27 June 2012; on the morning of 28 June 2012; from 2 July 2012 to 4 July 2012; on the morning of 23 July 2012; from the evening of 14 August 2012 to the morning of 16 August 2012; from the evening of 21 August 2012 to the morning of 23 August 2012; - between 6 and 10.6 square metres of personal space on the morning of 8 April 2011; on the morning of 21 April 2011; on the evening of 12 May 2011; on the morning of 2 June 2011; on the morning of 3 June 2011; on the morning of 17 June 2011; on the morning of 21 June 2011; on the morning of 22 June 2011; from 29 July 2011 to 25 August 2011; on the morning of 30 August 2011; on the evening of 19 September 2011; from the evening of 21 September 2011 to the morning of 27 September 2011; on the morning of 10 October 2011; on the morning of 13 October 2011; on the morning of 14 October 2011; from 2 November 2011 to the morning of 5 November 2011; on the morning of 18 November 2011; from 25 November 2011 to 28 November 2011; on 22 February 2012; from the evening of 13 August 2012 to the morning of 14 August 2012; on the evening of 27 August 2012. 18. On an unspecified date the applicant instituted proceedings for damages. He argued that the conditions in which he had been held in Lukiškės Remand Prison had been degrading: the cells had been overcrowded; he had been held together with prisoners who smoked; the toilets had not been separated from the rest of the cell; and his health had deteriorated. 19. On 2 January 2012 the Vilnius Regional Administrative Court held that the applicant’s personal space had not corresponded to the statutory norms and awarded him LTL 1,000 (approximately EUR 290) in compensation for non-pecuniary damage on account of overcrowding. As regards his other complaints, the court held that there was no evidence that his health had deteriorated because of overcrowding and stated that his health condition, according to medical data, was hereditary. The domestic courts also held that the toilets had had a partition of at least 1.5 metres and dismissed the applicant’s complaints in this respect as unsubstantiated. 20. The applicant and Lukiškės Remand Prison appealed; however, the Supreme Administrative Court upheld the decision of the court of first instance on 28 May 2012. 21. In the application form, the fifth applicant complained about his conditions of detention in Lukiškės Remand Prison from 29 November 2007 until 9 March 2010. However, in his reply to the Government’s observations, he claimed that the period to be considered was from 10 June 2009 to 27 September 2011. The applicant was not in prison between 2 July 2009 and the morning of 13 July 2009 as he was in a prison hospital while from 12 January 2010 to the morning of 26 January 2010 he was held in Tauragė police station. It can be seen from the documents before the Court that he was held in several different remand prison cells where he had: - between 1.2 and 2.8 square metres of personal space from 17 June 2009 to 1 July 2009; from the evening of 13 July 2009 to 3 November 2009; from the evening of 4 November 2009 to the morning of 2 December 2009; from 3 December 2009 to the morning of 7 January 2010; from the evening of 26 January 2010 to 5 February 2010; from 8 February 2010 to 10 February 2010; from the evening of 27 February 2010 to 28 February 2010; from the evening of 1 March 2010 to the morning of 2 March 2010; - between 3 and 3.97 square metres of personal space on the morning of 4 November 2009; from the evening of 7 January 2010 to 11 January 2011; from 6 February 2010 to 7 February 2010; from the evening of 11 February 2010 to the morning of 27 February 2010; on the morning of 1 March 2010; from the evening of 2 March 2010 to 8 March 2010; - 7.45 square metres of personal space on the evening of 2 December 2009; - 5.3 square metres of personal space on the morning of 11 February 2010. 22. On 11 June 2012 the applicant instituted proceedings for damages for the period from 29 November 2007 until 9 March 2010 when he was in Lukiškės Remand Prison. The applicant later further specified the period for which he was complaining as being from 29 November 2007 to 27 September 2011. He argued that the conditions in which he had been held in the remand prison had been degrading: the cells had been overcrowded; there had been rats and insects; and his sight had deteriorated owing to insufficient lighting. The court applied the three-year period of limitation and found that the relevant period to be considered was from 10 June 2009 to 10 June 2012. The court held that the applicant had been held in overcrowded cells for two years, although the period was nonconsecutive, and awarded him LTL 300 (approximately EUR 87) in compensation for non-pecuniary damage. The court held that the applicant had failed to substantiate his other complaints with evidence. 23. In an appeal, the applicant also stated that the cells had been damp and the beds uncomfortable. Lukiškės Remand Prison and the Prisons Department argued that the applicant had failed to substantiate his complaints. On 20 May 2013 the Supreme Administrative Court, without examining the additional complaints, held that the applicant had been held in overcrowded cells for a non-consecutive period of ten months and nine days. It increased the award for non-pecuniary damage to LTL 3,000 (approximately EUR 870).