CASE OF Á.R. v. HUNGARY
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Carlo Ranzoni
4. The applicant was born in 1978 and lives in Forráskút. At the time of lodging the application, he was detained at Márianosztra Prison. 5. On 29 January 2014 the applicant was convicted of possession of narcotics and sentenced to five years’ imprisonment. On appeal, on 14 October 2014 the Budapest Court of Appeal upheld the judgment. 6. The applicant began serving his sentence at Szeged Prison on 15 January 2015 and was transferred to Márianosztra Prison on 26 January 2015. He was released on parole on 8 September 2015. 7. While the applicant was held at Szeged Prison, the per capita space available to him was about 3.2 sq. m; the gross ground surface of the cell was 16 sq. m for five occupants but included the in-cell sanitary facility. He was allowed to spend one hour per day in the open air and could take part in various sports and other activities, thus reducing the time spent in the cell. He was provided with basic standard meals and was able to take a shower twice a week. 8. At Márianosztra Prison, the per capita cell space available to the applicant was about 2.67 sq. m; the gross ground surface of the cell was 8 sq. m for three occupants but included the in-cell sanitary facility. Only between 26 and 29 January and 11 and 15 May 2015 he was held in a cell where a wall separated the toilet from the rest of the space. He could take a shower twice a week and pursue certain free-time activities. At his request, he was provided with vegetarian meals but very often consisting only of soya beans. 9. The applicant submitted that he suffered from epilepsy and a personality disorder. In his own submissions he stated that prior to his conviction he had cultivated and consumed cannabis partly because it alleviated his symptoms. 10. As regards the medical care in prison, the Government submitted that, during the first examination at Szeged Prison, the applicant had stated that he suffered from epilepsy without presenting any relevant documentation. The doctor referred him for a psychiatric examination, which took place on 22 January 2015; but the applicant refused the treatment prescribed by the specialist. 11. During his first medical examination at Márianosztra Prison, the doctor noted that the applicant’s aptitude for work could be assessed only after external medical records concerning his illness had been obtained. 12. The applicant suffered an epileptic seizure on 24 April 2015, whilst in his cell. Following medication, his condition improved but he refused the neurological examination recommended by the doctor and any further treatment. He suffered further fits on 4 May and 8 July 2015, following which a neurologist prescribed him anti-epileptic drugs, but he agreed to take them only after suffering yet another seizure.