European Court of Human Rights
10 January 2012
Facts
This case concerned the conditions of the applicants’ detention in various remand prisons pending trial. The applicants had between 1.25 and 2m² of personal space and the number of detainees exceeded the number of sleeping places available. The problems were similar for all applicants: an acute lack of personal space, a shortage of sleeping room, limited access to light and fresh air and non-existent privacy when using sanitary facilities.
Complaint
The applicants complained of their conditions of detention with regards to Article 3 of the Convention.
Court’s ruling
The Court found that these conditions of detention amounted to inhuman and degrading treatment contrary to Article 3 of the Convention. Regarding the specific issue of sanitary facilities, the Court noted for example that the lack of separation between the toilet and the living area in the cell was not only objectionable from a hygiene perspective but also deprived detainees of any privacy.
The Court noted that the inadequacy of prison conditions in Russia was a structural problem. Taking into account the recurrent and persistent nature of this problem, the large number of people affected and the urgent need to redress this problem, the Court decided to apply the pilot-judgment procedure. The Court therefore outlined different measures that should be taken by the Russian authorities to improve this situation. These included improving the physical conditions of detention by shielding cell toilets, removing netting from cell windows, and increasing the frequency of showers.