European Court of Human Rights
24 July 2001
Facts
The applicant, Mr. Valašinas, was serving his prison sentence. His cell was a 92 square meter dormitory which he shared with approximately 20 other inmates. During the daytime he could move freely within his prison unit, which consisted of a leisure room, the kitchen, sanitation areas and the open courtyard. While he was searched for illegal items, he was ordered to strip naked in front of a female prison officer. He was searched by a male officer who touched his body, including his testicles, and later his food without wearing gloves.
Complaint
Mr. Valašinas alleged that the conditions in his prison amounted to degrading treatment in breach of Article 3 of the Convention.
Court's ruling
The Court reiterated that Article 3 of the Convention enshrines one of the most fundamental values of democratic society. It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim’s behavior. The Court reiterated that in considering whether a treatment is “degrading” within the meaning of Article 3, it will have regard to whether its object is to humiliate and debase the person concerned and whether, as far as the consequences are concerned, it adversely affected his or her personality in a manner incompatible with Article 3. State must ensure that a person is detained in conditions which are compatible with respect for his human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention. The Court noted that Mr. Valašinas was allocated approximately 5 m2 of space in the dormitory. This figure in Court’s view had to be viewed in the context of the wide freedom of movement enjoyed by Mr. Valašinas during the day. Considering that other conditions were also adequate the Court concluded that the general detention conditions did not attain the minimum level of severity that could amount to degrading treatment within the meaning of Article 3 of the Convention.
The Court considered that, while strip-searches may be necessary on occasions to ensure prison security or prevent disorder or crime, they must be conducted in an appropriate manner. In the present case the Court concluded that by obliging Mr. Valašinas to strip naked in the presence of a woman, and then touching his sexual organs with bare hands showed a clear lack of respect for him and diminished in effect his human dignity. Therefore, the Court ruled that the strip search of Mr. Valašinas amounted to degrading treatment in violation of Article 3 of the Convention.