CASE OF SLEMENŠEK 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 1970 and lives in Brežice. 6. The applicant served his prison sentence in the closed and semi-open sections of Ljubljana prison in the period between 29 February 2008 and 29 December 2010. From 29 February 2008 to 11 July 2008, from 20 October 2008 to 3 February 2009 and from 14 July 2009 to 29 December 2010 he was held in the closed section. From 11 July 2008 to 20 October 2008 and from 3 February 2009 to 14 July 2009 he was held in the semiopen section. 7. From 11 July 2008 to 20 October 2008 and from 3 February 2009 to 14 July 2009 he was held in cells 145 and 147 (third floor), which measured 18.8 square metres (including a separate 1.72 square metre sanitary facility) and contained 5 sleeping places. From 14 July 2009 to 14 June 2010 he was held in cell 7 (third floor), which measured 16.8 square metres (including a separate 1.72 square metre sanitary facility) and contained 5 sleeping places. From 14 June 2010 to 29 December 2010 he was held in cell 1 (third floor), which measured 18.4 square metres (including a separate 1.72 square metre sanitary facility) and contained 5 sleeping places. 8. All the cells in the closed and semi-open sections contained, apart from the furniture, five sleeping places (two bunk beds and one single bed). According to the applicant, five prisoners were being held in each of the cells during his detention. The Government, however, submitted that the number varied between four and five. Each cell had one 107 x 110 cm double casement window, which the prisoners could freely open or close. 9. As regards the general characteristics of the cells in the closed and semi-open sections, material conditions inside the cells therein, 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. 10. 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). 11. As to the out-of-cell time in the semi-open section, the Government submitted that the cell doors in the semi-open section of the prison were unlocked, except from 9.45 p.m. (on Fridays, Saturdays and before holidays from midnight) until 6.00 a.m. (on Saturdays, Sundays and during holidays until 8.30 a.m.). During this time prisoners could move freely in the corridor (35.7 square metres), living quarters of co-prisoners or in the indoor or outdoor exercise areas, in accordance with prison rules. The Government contended that this regime had been in place for several years. 12. During his imprisonment the applicant had forty-nine consultations with a general practitioner and visited a dentist on seven occasions. He was treated by a psychiatrist on eight occasions and by a psychologist on five occasions. 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 the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.