CASE OF BELJKAŠ v. SLOVENIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Aleš Pejchal;Helena Jäderblom
5. The applicant was born in 1977 and lives in Kranj. 6. He was detained in the remand section of Ljubljana prison from 26 May 2010 to 6 November 2012. 7. For one day he was held in cell no. 89 measuring 16.63 square metres (not including a separate 1.68 square metre sanitary facility) with four other inmates, with 3.33 square metres of personal space. 8. For seven hundred and eighty-three days he was held in cell no. 82 measuring 16.37 square metres (not including a separate 1.82 square metre sanitary facility). For three hundred and eighty-two days he was held therein with four other inmates with 3.27 square metres of personal space and for one hundred days he was held therein with five other inmates with 2.73 square metres of personal space. For three hundred and one days he shared the cell with two or three other inmates with more than 4 square metres of personal space. 9. For one hundred and eleven days he was held in cell no. 88 measuring 16.37 square metres (not including a separate 1.82 square metre sanitary facility). For thirty-six days he was held therein with four other inmates with 3.07 square metres of personal space and for fifty-eight days he was held therein with three other inmates with 3.84 square metres of personal space. For seventeen days he shared the cell with two other inmates with more than 4 square metres of personal space. 10. The cells for six detainees, where the applicant was held, were equipped with three bunk beds with a total of six sleeping places, one large and one small table, six chairs and a set of cupboards for each of the detainees. Detainees could freely open or close windows in cells. On 14 November 2011 the sixth bed was removed. 11. 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. 12. 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 (see Mandić and Jović, cited above, § 78). According to the information supplied by the Government in the present case, on 9 February 2011 the time spent outdoors was extended to two hours and a half per day and in November 2011 the outside yard was covered by a roof. From 2 July 2012 detainees could spend five hours per day out of their cells. 13. As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5- 5.30 p.m.) in July and August 2010 had been approximately 27.5oC, exceeding 30oC on eight days, in July and August 2011 approximately 27oC, exceeding 30oC on ten days and in July and August 2012 it had been approximately 28.6oC, exceeding 30oC on eleven days.