CASE OF OLEKSA v. POLAND
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Aleš Pejchal;Krzysztof Wojtyczek
5. The applicant was born in 1979 and is detained in Strzelce Opolskie Prison. 6. The facts of the case may be summarised as follows. 7. The applicant was detained in Mysłowice Remand Centre from 20 April 2010 to 12 January 2011 and in Wojkowice Prison from 12 January 2011 to 9 March 2012 (1 year, 10 months and 20 days). 8. The parties’ statements relating to the conditions of the applicant’s detention from 20 April 2010 to 9 March 2012 are to a large extent contradictory. 9. The applicant submitted that throughout his detention in Mysłowice Remand Centre and Wojkowice Prison, he had been held in overcrowded cells in which the space per person had been below the Polish statutory minimum standard of 3 m². 10. In their observations, the Government submitted that the applicant had been detained in overcrowded cells only on 20 April, 18 and 19 May 2009. 11. In the course of civil proceedings instituted by the applicant (see paragraphs 14-16 below), the domestic courts established, without giving any further details, that the applicant had been detained in overcrowded cells from 20 April 2010 to 9 March 2012 (1 year, 10 months and 20 days). 12. Regarding the conditions of detention in Mysłowice Remand Centre, the domestic court established that the overall conditions in cells were adequate. The applicant had one hot shower per week and one hour of outdoor exercise per day. 13. Regarding the conditions of detention in Wojkowice Prison, as established by the domestic courts, the toilets were separated from the cell’s living area, every prisoner had his own bed, a stool and access to cold running water. The prisoners had basic hygiene products at their disposal. The ceiling was infested with humidity. The applicant had one hot shower per week and one hour of outdoor exercise per day. 14. On 24 February 2012 the applicant brought a civil action for the infringement of his personal rights on account of inadequate living conditions in Wojkowice Prison from November 2005 to July 2006 and from January to March 2007, in Mysłowice Remand Centre from 20 April 2010 to 12 January 2011 and, subsequently, again in Wojkowice Prison from 12 January 2011 to 9 March 2012. The applicant argued that he had been detained in overcrowded cells, where the space per person had been below the statutory minimum of 3 m². He claimed 80,000 Polish zlotys (PLN) (approximately 20,000 euros (EUR)) in compensation. 15. On 18 December 2012 the Katowice Regional Court dismissed the applicant’s action, finding that from 20 April 2010 to 9 March 2012 the applicant had been detained in cells above the minimum statutory standard. As regards the remainder of the period, the claim was time-barred as lodged outside the three-year period of statutory limitation. 16. On 27 June 2013 the Katowice Court of Appeal overruled the lower court’s judgment and allowed the applicant’s action, finding that from 20 April 2010 to 9 March 2012 he had been detained in overcrowded cells. The court relied in this respect on the applicant’s submissions, holding that the State Treasury had in fact acknowledged these by its multiple refusals to provide the first and the second instance courts with an official register of cells in which the applicant had been detained. It also granted the applicant PLN 1,000 (EUR 250) in compensation, holding that the breach of the statutory minimum standard had not been significant.