CASE OF VITANIS AND ŠUKYS 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 1976 and 1978 respectively and are detained in Vilnius Correctional Facility and Kybartai Correctional Facility. 5. The first applicant was detained in Šiauliai Remand Prison from 11 January 2011 to 3 November 2011. The documents submitted to the Court show that he was held in four different remand prison cells: nos. 9, 104, 29 and 37. 6. In 2012 the applicant instituted proceedings for damages. He argued that the conditions in which he had been held in Šiauliai Remand Prison had been degrading: cell no. 9 had not been renovated, had had almost no natural light and the artificial light provided in the evening had been very poor; the ventilation had been insufficient and the cell was cold; cell no. 104, although renovated, lacked sufficient ventilation and was cold, and there was almost no natural light; cell no. 29 had insufficient light and ventilation; cell no. 37 was dirty, the electrical system was damaged and thus dangerous, the sanitary facilities were not separated from the cell, the cell lacked light, ventilation and the temperature was too low. The applicant also submitted a document from the Šiauliai Health Care Centre from 19 April 2012, which noted violations of hygiene norms in the remand prison’s cells. 7. On 21 December 2012 the Šiauliai Regional Administrative Court held that the applicant’s right to adequate conditions of detention had been breached but dismissed his claim for compensation. The court held that the applicant had not complained about his conditions of detention while in prison and had only lodged his complaint a year after leaving it. Moreover, it was up to the applicant to prove that he had sustained damage. The court held that there was no information to show that the remand prison had purposely interfered with his right to dignity or treated him inhumanely, that he had not suffered a great enough negative impact from the hygiene violations, and that there were no grounds to award him compensation. 8. The applicant appealed but on 17 July 2013 the Supreme Administrative Court upheld the first-instance decision. The court observed that the document from the Šiauliai Health Care Centre (see paragraph 6 above) had been issued five months after the applicant had left the remand prison and it was not able to determine the negative impact of the unsanitary conditions on the applicant on the basis of such evidence alone. 9. The second applicant was detained in Šiauliai Remand Prison from 15 December 2009 to 8 February 2012. The documents submitted to the Court show that he was held in several different cells: nos. 101, 95, 54, 14 and 49. 10. On 27 December 2011 the applicant instituted proceedings for damages and on 9 January 2012 he submitted a detailed complaint. He argued that the conditions in which he had been held in Šiauliai Remand Prison had been degrading: the cells were damp and dirty, there was insufficient light and ventilation, and the walls had not been painted. As a result, his health had deteriorated: his sight had worsened and he had pain in his joints and his back. 11. On 28 December 2012 the Šiauliai Regional Administrative Court held that the applicant’s right to adequate conditions of detention had been breached but dismissed his claim for compensation. The court found that the Šiauliai Health Care Centre had examined cell no. 101 on 7 January 2011, while the applicant had been detained there from 5 January 2011 to 3 February 2011 and from 14 February 2011 to 28 April 2011. The cell had been dirty, the toilet doors broken, and there was mould on the walls and ceiling. The health centre also examined cell no. 101 on 27 April 2011 and established that there was no longer any mould and the temperature was satisfactory, but the lighting was still insufficient. The court thus held that the applicant had proven that the conditions in cell no. 101 had been unsanitary. However, the court noted that the applicant had not proven the existence of unsanitary conditions in the other cells. The court further noted that the inmates were responsible for keeping the cells clean, but that the remand prison had not proven that it had provided the applicant with cleaning materials for at least six months. As regards the applicant’s health, the court observed that he had been prescribed several drugs for spinal osteochondrosis, but that there was no relation between his illness and the unsanitary conditions in cell no. 101. The court also noted that during the hearing the applicant had claimed that all the cells had been overcrowded but he had failed to mention this in his written complaint. The court thus held that the case concerned sanitary conditions and not overcrowding. 12. The applicant appealed and on 11 June 2013 the Supreme Administrative Court found that the court of first instance had acted unreasonably in dismissing his compensation claim, and awarded him with 300 Lithuanian litai (LTL, approximately 87 euros (EUR)) for non-pecuniary damage.