SMAJOVIC v. SLOVENIA AND OTHER APPLICATIONS
Doc ref: 5714/10;6007/10;6014/10;6022/10;6030/10;6040/10;6084/10;6102/10;6108/10;6117/10 • ECHR ID: 001-109093
Document date: January 31, 2012
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FIFTH SECTION
DECISION
Application no . 5714/10 Ismet SMAJOVIĆ against Slovenia and 9 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 31 January 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 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 Goran Maksimovič , Mr Damjan Mikložič , Mr Marko Celarc , Mr Boštjan Koprivnikar , Mr Lenart Ciglar , Mr Dušan Nedeljko , Mr Martin Vidovič and Mr Štefan Mitrovič a re Slovenian nationals. Mr Ismet Smajović and Mr Tihomir Mijalković are Serbian nationals . Their birthdates are indicated in the attached table. They were represented before the Court by Odvetniška Drużba 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 Serbian Government, having been informed of their right to intervene in the case of Mr Smajović and Mr Mijalković (Article 36 § 1 of the Convention and Rule 44 § 1 of the Rules of Court), stated in a letter of 18 May 2010 that they did not wish to avail themselves of that right.
The facts of the case, as submitted by the parties, may be summarised as follows.
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
Given that the present applications concern a similar subject-matter, the Court decides to join them ( Rul e 42 § 1 of the Rules of Court).
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 .
5714/10
Ismet SMAJOVIĆ
29/10/1965
24/12/2009
From 09/05/2006 to 01/07 /2010
59,25 m²/16 (3,7 m²)
31,70 m²/6 (5,28 m²)
7,17 m²/1 (7,17 m²)
From November 2006 to 01/07/2010 he worked in the Pohorje Public Institute ( agricultural activities and metalwork) .
2 .
6007/10
Goran MAKSIMOVIČ
22/10/1976
18/12/2009
Since 20/08/2008
59,25 m²/15 (3,95 m²)
22,08 m²/2 (11,04 m²)
S ince 12 / 10 /2009 he has been included in the secondary education programme, including food-preparation and catering classes.
3 .
6014/10
Damjan
MIKLOŽIČ
24/08/1980
18/12/2009
Since 03/07/2003
59,25 m²/16 (3,7 m²)
14,20 m²/3 (4,73 m²)
59,89m²/14 (4,28m²)
7,14 m²/1 (7,14 m²)
59,25 m²/15 (3,95 m²)
From 21/12/2004 to 20/01/2009 he worked in the Pohorje Public Institute. S ince 2003 he has been included in the secondary education programme, including food-preparation and catering classes.
4.
6022/10
Tihomir MIJALKOVIĆ
23/02/1974
18/12/2009
From 21/09/2007 to 01/06/2010
59,25 m²/16 (3,7 m²)
H e worked in the Pohorje Public Institute
5.
6030/10
Marko CELARC
18/07/1957
18/12/2009
Since 19/05 /2003
59,25 m²/15 (3,95 m²)
58,94 m²/17 (3,47 m²)
H e has been attending work therapy sessions .
6.
6040/10
Boštjan KOPRIVNIKAR
05/05/1979
18/12/2009
Since 07/12/2007
59,89m²/14 (4,28m²)
7,14 m²/1 (7,14 m²)
/
7.
6084/10
Lenart
CIGLAR
15/04/1983
18/12/2009
Since 13/06/2005
59,89m²/14 (4,28m²)
20,89 m²/3 (6,96 m²)
22,40 m²/3 (7,47 m²)
From 18/05/2009 to 09/08/2010 he worked in the Pohorje Public Institute.
8.
6102/10
Dušan NEDELJKO
12/12/1966
18/12/2009
Since 03/10/2007
59,25 m²/15 (3,95 m²)
13,37 m²/2 (6,68 m²)
From 28/12/2009 to 28/05/2010 he attended work therapy sessions.
9.
6108/10
Martin VIDOVIČ
12/09/1953
18/12/2009
From 14/05/2007 to 12/11/2010
58,94 m²/17 (3,47 m²)
From 15/10/2007 to 12/11/2010 he worked in the Pohorje Public Institute.
10.
6117/10
Štefan MITROVIČ
23/12/1961
18/12/2009
Since 17/07/2000
59,25 m²/15 (3,95 m²)
7,14 m²/1 (7,14 m²)
59,57 m²/17 (3,50 m²)
20,89 m²/4 (5,22 m²)
7,39 m²/1 (7,39 m²)
16,47 m²/3 (5,49 m²)
Since 09/10/2000 he has been working in the Pohorje Public Institute.