CASE OF RUIZ PENA AND PEREZ OBERGHT v. MALTA
No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Egidijus Kūris;Ganna Yudkivska;Iulia Motoc;Marko Bošnjak;Paulo Pinto De Albuquerque;Vincent A. De Gaetano
5. The applicants were born in 1964 and 1973 respectively and are detained in Corradino Correctional facility, Paola, Malta. 6. The first applicant is a Venezuelan national who has been detained in Corradino Correctional Facility, Paola, since September 2009. He is serving a tenyear prison sentence following a judgment of 21 March 2012. Since 10 January 2013 he has been detained in Division 3, cell no. 148. The first applicant has never asked for a transfer because, although there were prospects that he would be transferred to a division with an automated flushing system, this would also have meant that he would lose his individual cell and be placed in a dormitory, to the detriment of his privacy. 7. The first applicant submitted that his cell has one window and one air vent. The latter is clogged with dirt and debris and his cell window is positioned too high up, meaning that he therefore has to climb onto the sink to open or close it. He stated that the cell does not have adequate ventilation and it is subject to high temperatures in the summer and low temperatures in the winter. He alleged that he had not been provided with a heater during the winter and that his requests to this effect had been turned down. The prison authorities had provided him only with one blanket, other blankets and clothes having been received from NGOs. In the summer, when the temperature ranges between 35 and 40 degrees Celsius, the two fans purchased by the first applicant do not suffice as they merely circulate hot air, which is made worse in the absence of proper ventilation. 8. He also claimed that he has to use a bucket to flush his toilet. Given the low water pressure, it takes time to fill a bucket and sometimes more than one bucket is necessary to flush the toilet, making the situation deplorable, especially in the summer. 9. As the building housing the Division is more than 150 years old, the ceiling releases dust, which is allegedly harmful to the first applicant’s lungs. 10. The first applicant submitted that he does not have access to drinking water, since the tap water is rusty and filthy, and he therefore has to purchase drinking water. However, his job in prison pays only 0.60 euro (EUR) cents per day and in the summer he drinks three six packs of water a week, at considerable cost. The Government submitted that the first applicant received EUR 34.77 every four weeks in socalled “gratuity” remuneration and from the “Work and Pay” scheme, with which he had been involved since 2015. They stated that at the tuck shop a sixpack of water cost EUR 2.24 and an individual bottle EUR 0.38. 11. The second applicant, who is a national of the Dominican Republic, has been detained in Corradino Correctional Facility since 24 November 2009. He is serving a nine-year prison sentence following a judgment of 15 October 2012. Since 27 January 2012 he has been detained in Division 3, cell no. 155 (with the exception of one day 3 October 2015 spent in Division 6). 12. According to the Government, following communication of the complaint, the second applicant was asked whether he wanted to be transferred to another division and replied in the negative. 13. The second applicant submitted that his cell window is at a height of more than two metres and it is very difficult to open without endangering one’s life. Its metal protective bars make it difficult for the cell to admit any natural light. Although there are two openings for the purposes of ventilation, one of them is blocked and there is therefore not sufficient ventilation. 14. The second applicant alleged that the water is not drinkable; he therefore has to purchase it. The Government submitted that the second applicant received EUR 41.58 every four weeks in so-called “gratuity remuneration” and from the “Work and Pay” scheme, with which he had become involved prior to 2015. 15. The dust which falls from the cell’s ceiling allegedly affects the second applicant, who suffers from asthma. The Government submitted that the amount of dust falling from the ceiling of his cell was not abnormal, but was what emanates naturally from Maltese stone. They noted that the second applicant had never asked for materials to paint his cell. 16. The second applicant also submitted that because of the humidity in his cell and the fact that he does not have a heater, he frequently catches the flu during the winter months. The Government submitted that the cell was humid because the second applicant had blocked his vent with a towel and did not undertake any maintenance of his cell. 17. The second applicant noted that the light both inside and outside the cell is very poor, making it difficult for him to read. The Government noted that the second applicant had a ceiling light and another wallmounted light, as well a portable lamp which he had acquired. Natural light came in through three skylights and artificial light was provided through bell lamps of 400W each. The second applicant also claimed that the spiral staircase is not appropriate in the case of an emergency, since a stretcher could not be carried down it and it would not be possible to evacuate people two at a time. In this connection the Government submitted that other options were available should an emergency arise, such as the use of the walkway between the divisions.