Curtea Europeană a Drepturilor Omului
16 septembrie 2014
Facts
The applicant, Mr. Dragomir, was detained in police station. He shared his 16 square meters cell with seven other persons. The cell had a squat toilet and a shower, which were not separated from the living area.
Complaint
Mr. Dragomir complained of poor hygiene conditions in his cell during his detention in violation of prohibition of torture, inhuman and degrading treatment
Court’s ruling
The Court reiterated that the State must ensure that a person is detained in conditions which are compatible with respect for his human dignity. Detention must be carried out in a manner that does not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well being are adequately secured. When assessing conditions of detention the Court has to take into account cumulative effects of these conditions as well as specific allegations of the applicant. The Court observed that the applicant was held with seven other persons in a cell that afforded less than 4 square meters of personal space for almost 3 months. The shower was also not properly separated from the living area. Thus the Court concluded that all the conditions of the applicant’s detention caused him distress that exceeded the unavoidable level of suffering inherent in detention. The Court concluded that such suffering attained the threshold of degrading treatment and violated his rights under Article 3.