Euroopa Inimõiguste Kohus
24.01.2012

Facts

The applicant, Mr Feraru, was arrested and later detained on remand for more than a month. He described his conditions of detention at the Police Station as follows: he had been held in an overcrowded cell without any furniture and there had been no ventilation, toilet or running water in it. He had not been given any food. When removed to another place of detention he had been placed together with seven other people in a cell measuring 12 square meters. 

The cell had been dirty and infested with parasitic insects and rats. There had been no furniture in the cell; it had been damp and very cold and without any windows. The toilet had not been separated from the rest of the cell, offering no privacy. The applicant had not been given any personal hygiene items, clean clothes or bed linen. The applicant had received little food, which had been of a very bad quality. Even though he had had a stomach ulcer and high intracranial blood pressure, he had not received any medical assistance. He did not have any right to exercise or to take part in recreational activities.

Complaint

The applicant complained that he had been detained in inhumane and degrading conditions, in breach of Article 3 of the Convention.

Court's ruling

The Court emphasized the obligation of the State to ensure that a person is detained in conditions, which are compatible with respect for his human dignity. His health and well-being must be adequately secured. As Mr Feraru had complained of above mentioned conditions several times to local authorities, and the Committee for the Prevention of Torture had found that the places where he was detained are not suitable for detaining people, the Court ruled that there is enough evidence to state that Mr Feraru was detained in conditions contrary to the requirements of Article 3 of the Convention.