FIFTH SECTION

DECISION

Application no . 6910/10 Vojko BRAJDIČ against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 26 June 2012 as a Committee composed of:

Ann Power-Forde , President, Boštjan M. Zupančič , Angelika Nußberger , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 18 December 2009,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Vojko Brajdi č , is a Slovenian national, who was born in 1970 and lives in Novo Mesto . He is represented before the Court by Odvetniška Družba Matoz O.P. D.O.O., a law firm practising in Koper .

The Slovenian Government (“the Government”) are represented by their Agent, Mrs N. Aleš Verdir , State Attorney.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant has been serving his sentence in the closed section of Dob Prison from 27 July 2007.

As regards the facilities available to the applicant in the cells and common areas, as well as the health care regime in the prison, the conditions imposed on the applicant regarding activities outside the cells and contact with the outside world in general, see the Court ’ s decision in the case of Lalić and Others v. Slovenia ( dec .), nos. 5711/10, 5719/10, 5754/10, 5803/10, 5956/10, 5958/10, 5987/10, 6091/10, 6647/10 and 6893/10, 27 September 2011.

Between 2 August 2007 and 9 March 2009 the applicant was held in cell no 4, Block 4 which measured 59.57 square metres and held seventeen inmates (3.50 square metres of personal space available to each inmate). Subsequently, he was transferred into one of the smaller shared cells in Block 1, measuring approximately 32 square metres and which accommodated three inmates (approximately 10.66 square metres of personal space available to each inmate). On 26 August 2009 he was transferred into cell no 3, Block 4 which measured 59.57 square metres and held seventeen inmates (3.50 square metres of personal space available to each inmate).

Between July 2007 and January 2011 the applicant was on fifty-five occasions treated for different health problems in the prison clinic. He has inter alia been undergoing a methadone-maintenance treatment and has been treated by the prison psychiatrist. According to the report by the prison clinic dated 9 December 2010, the applicant at his initial examination on 31 July 2002 did mention that he had had an inflammation of the pancreas in 2002 but that during his detention he had never sought the prison doctor in respect to his pancreas since there had been no relapse regarding this condition.

B. Relevant domestic law and practice

For the relevant domestic law and practice, see paragraphs 33-35 and 38-47 of the Court ’ s judgment in the case of Štrucl and Others v. Slovenia (nos. 5903/10, 6003/10 and 6544/10, 27 September 2011), and paragraphs 34-36 of Mandić and Jović v. Slovenia (nos. 5774/10 and 5985/10, 27 September 2011), Lalić and Others , cited above, as well as Mešić v. Slovenia (no. 5767/10, 22 November 2011) and Ferenc v. Slovenia (no. 6682/10, 13 March 2012) .

COMPLAINTS

The applicant complained that the conditions of his detention in Dob Prison amounted to a violation of Articles 3 and 8 of the Convention. In particular, he complained of severe overcrowding, which had led to a lack of personal space, poor sanitary conditions and inadequate ventilation, as well as excessive restrictions on time spent outside the cell, high temperatures in the cells, inadequate health care and psychological assistance, inadequate measures as regards the rehabilitation of drug addicts, and exposure to violence from other inmates owing to insufficient prison security. He further submitted that the situation amounted to a structural problem, which had been acknowledged by the domestic authorities.

In addition, the applicant complained that he had not received adequate medical treatment, especially in connection with the inflammation of his pancreas.

Citing Articles 3 and 8 of the Convention, the applicant also complained of restrictions on visits, telephone conversations and correspondence.

The applicant lastly complained, under Article 13, that he did not have any effective remedy at his disposal as regards his complaints under Articles 3 and 8 of the Convention.

THE LAW

The Court does not find it necessary to examine the Government ’ s objections concerning the issue of exhaustion of domestic remedies and compliance with the six-month rule, as the application should in any event be declared inadmissible for the reasons set out below.

As regards the applicant ’ s complaint that he had not received adequate medical assistance regarding the inflammation of his pancreas, the Court recalls that Article 3 imposes an obligation on the States to ensure that the health and well-being of detainees are adequately secured by, among other things, providing them with the requisite medical assistance (see Kudła v. Poland [GC], no. 30210/96, § 94, ECHR 2000-XI). The Court would further note that information relating to detention often falls within the knowledge of the domestic authorities. Accordingly, applicants might experience certain difficulties in procuring evidence to substantiate a complaint in that connection. Still, in such cases applicants may well be expected to submit at least a detailed account of the facts complained of and to provide – to the greatest possible extent – some evidence in support of their complaints (see, mutatis mutandis , Visloguzov v. Ukraine , no. 32362/02 , § 45, 20 May 2010; Mešić v. Slovenia , cited above; and Ferenc v Slovenia , cited above ).

Turning to the circumstances of the present case, the Court notes that the applicant provided no evidence or details as regards his allegations and also did not dispute the Government ’ s submissions on adequacy of his treatment, including the submissions that he had visited the doctor on fifty-five occasions and that he had not sought the prison doctor about his pancreas since there had been no relapse regarding this condition while in prison. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

As regards the remainder of the applicant ’ s complaints on general conditions of detention in the closed section of Dob Prison, the Court notes that these complaints are identical to those of the applicants in the case of Lalić and Others (cited above). In that case the Court has found the general conditions of detention in the closed section of Dob Prison, including the medical and psychological care provided to the prisoners held therein, as well as the arrangements concerning security measures, and the restrictions on maintaining contact with people outside the prison to be adequate vis-à-vis the Convention standards. It has accordingly also rejected the applicant ’ s complaint under Article 13 of the Convention, as no arguable claim for the purpose of the aforementioned provision could have been established.

The Court takes note of the similar factual background of the aforementioned case and the present application, including the fact that the present applicant always had sufficient personal space in the cell in which he was detained. It follows that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court unanimously

Declares the application inadmissible.

             Stephen Phillips Ann Power-Fo rde              Deputy Registrar President