CASE OF BEGANOVIC 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 1986 and lives in Semič. 6. The applicant served his prison sentence in Ljubljana prison from 1 July 2009 to 4 November 2009. On the latter day he was transferred to Celje prison. He stayed there until 9 December 2009, when he was further transferred to Ljubljana prison, the Section Novo mesto (the Section Novo mesto). The applicant’s complaints do not relate to the conditions of detention in Celje prison. 7. In the period between 1 July 2009 and 23 September 2009 the applicant was held in the closed section of Ljubljana prison. From 1 July 2009 to 13 July 2009 he was held in cell 7 (third floor) measuring 16.8 square metres (including a separate 1.72 square metre sanitary facility). From 13 July 2009 to 17 July 2009 he was held in cell 4 (third floor) measuring 18 square metres (including a separate 1.72 square metre sanitary facility). From 17 July 2009 to 23 September 2009 he was held in cell 3 (third floor) measuring 18 square metres (including a separate 1.72 square metre sanitary facility). 8. In the period between 23 September 2009 and 4 November 2009 the applicant was held in the semi-open section of Ljubljana prison, in cell 3 (third floor) measuring 18 square metres (including a separate 1.72 square metre sanitary facility). 9. 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. 10. 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. 11. 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). 12. 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 alleged that this regime had been in place for several years. However, as the applicant was transferred to the semi-open section only on a ground of overcrowdedness, while being detained there he was not granted outside visits and unsupervised leave. 13. From 9 December 2009 to 1 April 2010 the applicant was held in the closed section of the Section Novo mesto. During his detention in the Section Novo mesto the applicant was held in unit 5 measuring 58.83 square metres and including four separate rooms, namely an ante-chamber measuring 9.98 square metres, a sanitary facility measuring 1.4 square metres, a smaller room measuring 18.61 square metres with three beds and a larger room measuring 28.84 square metres with five, occasionally six beds, where the applicant was held most of the time with three other prisoners. In the ante-chamber prisoners could watch television and prepare hot beverages. All together there were seven prisoners in unit 5. They could move freely in the unit twenty-four hours per day as the inner doors were unlocked. From 3.30 p.m. to 10.00 p.m. they could move freely also in the shared corridor of the Section Novo mesto and recreation areas. The applicant spent out of the unit six hours per day: two hours outdoors in an area of 300 square metres, four hours in a shared corridor of 108.64 square metres or in shared living quarters of 59.04 square metres. The applicant could also move in an outdoor recreation yard for two hours per day. 14. During his imprisonment the applicant had three consultations with a general practitioner and one psychiatric treatment. He never requested treatment by a psychologist or dentist. 15. 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.