ERZEN v. SLOVENIA AND OTHER APPLICATIONS
Doc ref: 6530/10;6538/10;6548/10;6552/10;6613/10;6620/10;6623/10;6634/10;6653/10;6916/10 • ECHR ID: 001-109862
Document date: March 6, 2012
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FIFTH SECTION
DECISION
Application no. 6530/10 Darko ERŽEN against Slovenia and 9 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 6 March 2012 as a C ommittee composed of:
Ann Power-Forde , President, Boštjan M. Zupančič , Angelika Nußberger , judges, and Stephen Phillips , Deputy Section Registrar ,
Having regard to the above applications lodged on the dates indicated in the attached table ,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
THE FACTS
The applicants Mr Darko Erżen , Mr Ahmet Bajraktari , Mr Anton Planinšec , Mr Jasmin Čivović , Mr Vehid Delić , Mr Sebastjan Heine, Mr Radivoj Dubac , Mr Peter Vogrinc , Mr Danilo Tivadar and Mr Jernej Brezovšček are Slovenian nationals. Their birthdates are indicated in the attached table. They were represented before the Court by Odvetniška Družba Matoz o.p . d.o.o ., a law firm practicing in Koper . The Slovenian Government (“the Government”) were represented by their Agent, Mrs T. Mihelič Žitko , State Attorney.
The applicants served, or are currently serving, sentences in the closed section of Dob Prison. As regards the facilities available to the applicants in the cells and common areas, as well as the health care regime in the prison, the conditions imposed on the applicants regarding activities outside the cells and contact with the outside world, 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.
The individual circumstances, such as period of imprisonment, personal space allocated to the each applicant and their activities outside the cells, are indicated in the attached table.
COMPLAINTS
The applicant s complained that the conditions of their detention in Dob Prison amounted to a violation of Articles 3 and 8 of the Convention. In particular, they 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. They further submitted that the situation amounted to a structural problem, which had been acknowledged by the domestic authorities.
Invoking Articles 3 and 8 of the Convention, the applicants also complained of restrictions on visits, telephone conversations and correspondence.
The applicants lastly complained, under Article 13, that they did not have any effective remedy at their disposal as regards their complaints under Articles 3 and 8 of the Convention.
THE LAW
As the applications are similar in terms of both fact and law, the Court decides to join them.
The Court notes that the applicants ’ 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 applicants ’ 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 applications, including the fact that the present applicants always had sufficient personal space in the cells in which they were detained. Therefore, the present applications should be rejected as being manifestly ill-founded pursuant to Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Stephen Phillips Ann Power-Forde Deputy Registrar President
No
Application No
Applicant ’ s name and
date of birth
Lodged on
Period of imprisonment
Cell size/occupancy level (personal space)
Out-of-cell activities
1.
6530/10
Darko
ERŽEN
12/11/1957
18/12/2009
Since 12/02/2008
59,89m²/16 (3,74m²)
20,67 m²/4 (5,17 m²)
17,60 m²/2 (8,80 m²)
24,40 m²/4 (6,10 m²)
Since 09/06/2008 he has been working in the laundry of Dob prison .
2.
6538/10
Ahmet
BAJRAKTARI
11/10/1962
18/12/2009
Since 07/04/2008
59,25 m²/15 (3,95 m²)
32,39 m²/4 (8,09 m²)
59,89m²/14 (4,28 m²)
32,22 m²/4 (8,06 m²)
7,14 m²/1 (7,14 m²)
/
3.
6548/10
Anton
PLANINÅ EC 12/02/1963
18/12/2009
From 02/12/2005 to 08/11/2010
59,89 m²/15 (3,99 m²)
59,25 m²/11 (5,39 m²)
He worked in the Pohorje Public Institute.
4.
6552/10
Jasmin
ČIVOVIĆ
13/07/1977
18/12/2009
From 30/03/2007 to 26/09/2010
58,94m²/15 (3,93m²)
32,22 m² - 32,39 m²/4 (8,06 m² - 8,09 m²)
59,25 m²/16 (3,70 m²)
From 18/06/2007 to 25/09/2010 he worked in the Pohorje Public Institute.
5.
6613/10
Vehid
DELIĆ
13/10/1980
18/12/2009
Since 15/06/2006
59,89m²/14 (4,28 m²)
20,67 m²/3 (6,89 m²)
20,89 m²/4 (5,22 m²)
16,47 m²/3 (5,49 m²)
He has been working in the Pohorje Public Institute.
Since 02/06/2009 h e has been included in the secondary education programme, including food-preparation and catering classes.
6.
6620/10
Sebastjan
HEINE
28/05/1983
18/12/2009
Since 29/05/2008
59,25 m²/16 (3,70 m²)
Since 17/11/2008 he has been working in the Pohorje Public Institute.
7.
6623/10
Radivoj
DUBAC
11/06/1969
18/12/2009
Since 28/01/2008
59,25 m²/16 (3,70 m²)
58,94m²/15 (3,93m²)
59,57 m²/17 (3,5 m²)
21,12 m²/2 (10,56 m²)
17,93m²/2 (8,96 m²)
Since 12/01/2009 he has been working in the Pohorje Public Institute.
8.
6634/10
Peter
VOGRINC
16/09/1979
18/12/2009
From 25/02/2008 to 31/12/2009
59,89m²/14 (4,28 m²)
He worked in the Pohorje Public Institute.
9.
6653/10
Danilo
TIVADAR
10/02/1976
18/12/2009
Since 23/09/2008
59,25 m²/15 (3,95 m²)
13,99m²/3 (4,66 m²)
59,25 m²/16 (3,70 m²)
Since 03/08/2009 he has been working in the Pohorje Public Institute.
10.
6916/10
Jernej
BREZOVÅ ÄŒEK
25/06/1974
18/12/2009
Since 05/11/2008
58,94m²/15 (3,93m²)
59,25 m²/15 (3,95 m²)
15,83 m²/3 (5,28 m²)
From 09/07/2009 to 02/11/2009 he attended work therapy sessions.