CASE OF ČETIĆ 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)
Ann Power-Forde;Helena Jäderblom
5. The applicant was born in 1957 and lives in Ljubljana. 6. The applicant served his prison sentence in the closed section of Ljubljana prison in the period between 28 May 2009 and 27 February 2010. From 28 May 2009 to 23 September 2009 he was held in cell 2 (third floor), which measured 18 square metres (including a separate 1.72 square metre sanitary facility) and contained 5 sleeping places. From 23 September 2009 to 22 January 2010 and from 28 January 2010 to 27 February 2010 he was held in cell 129 (second floor), which measured 8.8 square metres (including a separate 1.3 square metre sanitary facility) and contained two sleeping places. From 22 January 2010 to 28 January 2010 he was held in cell 121 (second floor), which measured 18 square metres (including a separate 1.72 square metre sanitary facility) and contained six sleeping places. According to the applicant, five prisoners were being held in each of the cells during his detention. The Government submitted that in cell 2 the numbers varied between four and five, in cell 129 the applicant was held alone and in cell 121 three prisoners were held. 7. During his imprisonment the applicant had three consultations with a general practitioner and one dental appointment. He did not ask for psychological or psychiatric treatment. 8. As regards the general characteristics of the cells, material conditions inside the cells, sanitary conditions and health care, see the judgment in Štrucl and Others v. Slovenia, nos. 5903/10, 6003/10 and 6544/10, §§ 21 to 32, 20 October 2011. 9. As to the out-of-cell time in the closed section, the Court found in the aforementioned judgment that sentenced prisoners in the closed section of the prison were locked up in their cells and were only able to leave them if they applied for certain activities, most of which were to take place in the recreation room. There was, however, only one 50square-metre recreation room per floor, which was to be used by ten inmates at most (Štrucl and Others § 86). 10. From 26 October 2009 to 13 January 2010 the applicant was placed under a stricter regime as he had physically attacked another prisoner. During that time he could spend two hours per day outside his room during recreation time, he had two hours for visits per week and telephone contacts twice a week. He was not allowed to use a multipurpose hall and he received his meals in his cell. 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.