CASE OF PUZIN 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 1965 and lives in Kranj. 6. The applicant was detained in the remand section of Ljubljana prison from 31 May 2008 to 29 August 2008. He was again detained in the remand section of Ljubljana prison from 23 April 2009 to 27 January 2010. 7. In the period from 23 April 2009 to 24 April 2009 he was held for two days in cell 59 alone or with another detainee. From 25 April 2009 to 25 May 2009 he was held for thirty-one days in cell 99 measuring 8.44 square metres (not including a separate 1.39 square metre sanitary facility), alone with 7.05 square metres of personal space. From 26 May 2009 to 27 January 2010 he was held for eight months and three days in cell 50 measuring 8.07 square metres (not including a separate 1.23 square metre sanitary facility), alone with 6.84 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, 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). 11. 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 the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.