MOLE AND OTHERS v. SLOVENIA
Doc ref: 5700/10 • ECHR ID: 001-113037
Document date: April 27, 2010
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28 April 2010
THIRD SECTION
MOLE and 144 others against Slovenia (see the attached table)
STATEMENT OF FACTS
THE FACTS
1 . The applicants are current or previous prisoners in Dob Prison. For their personal data, see the attached table. They were represented before the Co urt by Odvetniška Družba Matoz o.p . d.o.o ., a law firm practising in Koper .
A. The circumstances of the case
2 . The facts of the case, as submitted by the applicants, may be summarised as follows.
1. Occupancy level and the size of the cells
3 . Dob Prison is by far the largest prison in Slovenia . It holds only male prisoners sentenced to a term of imprisonment of eighteen months or more. It has an official capacity of 233 inmates. According to the 2008 Annual R eport by the Administration for th e Execution of Penal Sentences , the prison held on average 443 prisoners in 2008. The official capacity was therefore exceeded by almost 90%.
4 . T he applicants are or were held in shared cells (bedrooms) . The large majority of applicants are or were held in cells measuring 57 sq. m. In most cases these cells hold between fifteen and nineteen inmates. In the former case, each prisoner has 3.8 sq. m and in the latter case 3 sq. m of personal space.
5 . The prisoners in larger bedrooms share one lavatory and two washbasins, which appear to be situated in sanitary annexes. Owing to overcrowding, there are long delays in gaining access to these facilities.
6 . S ee the attached table for the exact size of each cell and the cell occupancy level . The personal space available to each applicant incl udes a bed and a cupboard.
2 . Other aspects of physical conditions in Dob Prison
7 . As out-of-cell time is limited to four hours per day, the applicants spend at least twenty hours per day in their cells confined to their beds. They have almost no recreation available. Owing to overcrowding, the ventilation is inadequate, temperatures are often extreme , and hygiene is lacking. The applicants suffer from constant disturbance from other inmates, which extends overnight, and they cannot enjoy a minimum level of privacy. The fact that the prisons are severely understaffed seriously affects the security and medical and psychological assistance available to prisoners. Several requests have been made by the prisoners for a transfer to another room or section, but to no avail as the prisons operate beyond the official capacity. Because of this, there is no proper system in operation that would allow drug users to be separated from the rest of the prison population and in particular from those who have been treated or are undergoing treatment for drug abuse. Contact with the outside world through the use of a phone or visits is severely limited.
B. Relevant domestic law
1. General rules concerning living space available to prisoners
8 . The relevant parts of sections 42 and 43 of the Execution of Penal Sentences Act (“the EPSA” – Zakon o izvrševanju kazenskih sankcij , Official Gazette N o. 22/2000) provide as follows:
Section 42
“ ...
(2) A prisoner should normally be held in a single cell. Shared cells should not have more than eight beds.
... ”
Section 43
“A prisoner should be provided with the possibility of spending a minimum of two hours per day outdoors.”
9 . Rule 27 of the Rules on Execution of Sentences of Imprisonment ( Pravilnik o izvrševanju kazni zapora , Official Gazette no. 102/2000) provides:
“Cells must be bright, dry, airy, and sufficiently large. Each prisoner should have at least 9 sq. m of space in a single cell, and 7 sq. m of space in a shared cell.”
2. Remedies
10 . Domestic legislation provides for several remedies or supervisory mechanisms which , to a greater or lesser extent, could be applicable in respect of improper conditions of detention. However, at this stage there is little material available to show how these remedies work in practice and in the circumstances to which the applicants refer.
(a) Request for judicial protection
11 . Section 83 of the EPSA reads as follows:
“(1) A prisoner who claims to have suffered torture or other cruel forms of inhuman or degrading treatment may lodge a request for judicial protection.
(2) The prison authorities shall also forward to the public prosecutor any request made under the preceding paragraph.”
(b) Administrative complaint
12 . A formal manner of dealing with prisoners ’ complaints is established within the administrative procedure whereby complaints are dealt with by the prison governor. An appeal can then be lodged with the Ministry of Justice (which is the ministry responsible for prisons). Section 85 of the EPSA provides:
“(1) If a prisoner alleges a violation of other rights or any irregularities which are not subject to judicial protection, the prisoner may complain to the prison governor.
(2) If the prisoner does not receive a reply to such a complaint within thirty days or is dissatisfied with the decision, he or she may lodge an application with the Ministry of Justice.
(3) Prisoners also have the right to complain of a violation of their rights or of any irregularities referred to in subsection (1) above to other bodies responsible for the supervision of the prison.”
13 . This remedy does not in principle involve the participation of the complainant. The decision ultimately given in this procedure can then be challenged before the Administrative Court by means of an application for review. In this connection Article 157 of the Constitution of the Republic of Slovenia ( Ustava Republike Slovenije – “the Constitution” ) is of relevance. It provides:
“A court with jurisdiction to review administrative decisions shall [have jurisdiction to] determine the legality of final individual decisions by State or local authorities or holders of public office concerning the rights or obligations or legal entitlements of individuals and organisations, if no other legal protection is specifically provided.
If no other legal protection is provided, the court with jurisdiction to review administrative decisions shall also [have jurisdiction to] determine the legality of individual acts and decisions which encroach upon the constitutional rights of the individual.”
More specifically, section 4 of the Administrative Disputes Act (Official Gazette No. 105/2006) provides:
“(1) The courts in administrative proceedings shall also decide on the legality of decisions and acts which interfere with individuals ’ human rights and fundamental freedoms, if no other judicial protection is provided ... ”
(c) Civil claim
14 . Article 26 of the Constitution provides:
“Everyone shall have the right to compensation for damage caused by the unlawful acts of a person or body when performing a function or engaged in an activity on behalf of a State or local authority or as a holder of public office. ...”
15 . More specifically, section 84 of the EPSA reads as follows:
“If a prisoner has suffered damage as a result of treatment referred to in the preceding section [see paragraph 14 above], he or she may claim compensation directly from the person responsible in accordance with the applicable laws.”
16 . Compensation can normally be claimed under the general rules of the Code of Obligations 2001 ( Obligacijski zakonik , Official Gazette no. 83/2001 ).
(d) Constitutional appeal
17 . As regards a constitutional appeal, it can only be used once all other remedies have been exhausted. In decision no. Up-863/04 of 22 February 2005, which concerned the alleged ill-treatment of a detainee, the Constitutional Court dismissed the appeal, finding that the appellant had failed to make use of the following remedies: a claim provided for in section 4 of the Administrative Disputes Act; a criminal complaint against those responsible or a subsidiary prosecution; and a complaint to the prison governor .
(e) Supervision of prisons by the Ministry of Justice and the district court judge
18 . Section 212 of the EPSA, in so far as relevant, provides:
“(1) Supervision of the lawfulness of the treatment of prisoners shall be carried out by the Ministry and the judge of the district court ... [They] shall acquaint themselves with how prisoners are treated and whether their rights are respected. This shall be done in the absence of prison staff, if so requested by the prisoner.
(2) If the Ministry and the judge of the district court establish that the rights of prisoners have been violated, they shall do everything necessary for the protection of those rights.
(3) The supervision referred to in the first paragraph may also be carried out by the Ombudsman for Human Rights ... and by international bodies for the protection of human rights and the prevention of torture and inhuman and degrading treatment and punishment.”
C. Relevant international standards
19 . The relevant extracts from the 2nd General Report by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) ( CPT / Inf (92) 3) read as follows:
“46. Overcrowding is an issue of direct relevance to the CPT ’ s mandate. All the services and activities within a prison will be adversely affected if it is required to cater for more prisoners than it was designed to accommodate; the overall quality of life in the establishment will be lowered, perhaps significantly. Moreover, the level of overcrowding in a prison, or in a particular part of it, might be such as to be in itself inhuman or degrading from a physical standpoint.
47. A satisfactory programme of activities (work, education, sport, etc.) is of crucial importance for the well-being of prisoners... [P] risoners cannot simply be left to languish for weeks, possibly months, locked up in their cells, and this regardless of how good material conditions might be within the cells. The CPT considers that one should aim at ensuring that prisoners in remand establishments are able to spend a reasonable part of the day (8 hours or more) outside their cells, engaged in purposeful activity of a varied nature...
48. Specific mention should be made of outdoor exercise. The requirement that prisoners be allowed at least one hour of exercise in the open air every day is widely accepted as a basic safeguard... It is also axiomatic that outdoor exercise facilities should be reasonably spacious...
49. Ready access to proper toilet facilities and the maintenance of good standards of hygiene are essential components of a humane environment...
50. The CPT would add that it is particularly concerned when it finds a combination of overcrowding, poor regime activities and inadequate access to toilet/washing facilities in the same establishment. The cumulative effect of such conditions can prove extremely detrimental to prisoners.”
20 . The CPT ’ s 7th General Report ( CPT / Inf (97) 10) contains the following passage:
“13. As the CPT pointed out in its 2nd General Report, prison overcrowding is an issue of direct relevance to the Committee ’ s mandate (cf. CPT / Inf (92) 3, paragraph 46).
An overcrowded prison entails cramped and unhygienic accommodation; a constant lack of privacy (even when performing such basic tasks as using a sanitary facility); reduced out-of-cell activities, due to demand outstripping the staff and facilities available; overburdened health-care services; increased tension and hence more violence between prisoners and between prisoners and staff. This list is far from exhaustive.
The CPT has been led to conclude on more than one occasion that the adverse effects of overcrowding have resulted in inhuman and degrading conditions of detention...”
21 . The CPT ’ s 11th General Report ( CPT / Inf (2001) 16) contains the following passages:
“28. The phenomenon of prison overcrowding continues to blight penitentiary systems across Europe and seriously undermines attempts to improve conditions of detention. The negative effects of prison overcrowding have already been highlighted in previous General Reports...
29. In a number of countries visited by the CPT , particularly in central and eastern Europe, inmate accommodation often consists of large capacity dormitories which contain all or most of the facilities used by prisoners on a daily basis, such as sleeping and living areas as well as sanitary facilities. The CPT has objections to the very principle of such accommodation arrangements in closed prisons and those objections are reinforced when, as is frequently the case, the dormitories in question are found to hold prisoners under extremely cramped and insalubrious conditions...
Large-capacity dormitories inevitably imply a lack of privacy for prisoners in their everyday lives... All these problems are exacerbated when the numbers held go beyond a reasonable occupancy level; further, in such a situation the excessive burden on communal facilities such as washbasins or lavatories and the insufficient ventilation for so many persons will often lead to deplorable conditions.
30. The CPT frequently encounters devices, such as metal shutters, slats, or plates fitted to cell windows, which deprive prisoners of access to natural light and prevent fresh air from entering the accommodation. They are a particularly common feature of establishments holding pre-trial prisoners. The CPT fully accepts that specific security measures designed to prevent the risk of collusion and/or criminal activities may well be required in respect of certain prisoners... [E] ven when such measures are required, they should never involve depriving the prisoners concerned of natural light and fresh air. The latter are basic elements of life which every prisoner is entitled to enjoy...”
22 . The relevant extracts from the Recommendation of the Committee of Ministers to Member States of the Council of Europe on the European Prison Rules ( Rec (2006)2, adopted on 11 January 2006 at the 952nd meeting of the Ministers ’ Deputies) read as follows:
“...
1. All persons deprived of their liberty shall be treated with respect for their human rights.
...
3. Restrictions placed on persons deprived of their liberty shall be the minimum necessary and proportionate to the legitimate objective for which they are imposed.
4. Prison conditions that infringe prisoners ’ human rights are not justified by lack of resources.
5. Life in prison shall approximate as closely as possible the positive aspects of life in the community.
6. All detention shall be managed so as to facilitate the reintegration into free society of persons who have been deprived of their liberty.
...
18.1 The accommodation provided for prisoners, and in particular all sleeping accommodation, shall respect human dignity and, as far as possible, privacy, and meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially to floor space, cubic content of air, lighting, heating and ventilation.
18.2 In all buildings where prisoners are required to live, work or congregate:
a. the windows shall be large enough to enable the prisoners to read or work by natural light in normal conditions and shall allow the entrance of fresh air except where there is an adequate air conditioning system;
b. artificial light shall satisfy recognised technical standards ...
18.3 Specific minimum requirements in respect of the matters referred to in paragraphs 1 and 2 shall be set in national law.
18.4 National law shall provide mechanisms for ensuring that these minimum requirements are not breached by the overcrowding of prisons.
18.5 Prisoners shall normally be accommodated during the night in individual cells except where it is preferable for them to share sleeping accommodation.
18.6 Accommodation shall only be shared if it is suitable for this purpose and shall be occupied by prisoners suitable to associate with each other.
...
19.1 All parts of every prison shall be properly maintained and kept clean at all times.
19.2 When prisoners are admitted to prison the cells or other accommodation to which they are allocated shall be clean.
19.3 Prisoners shall have ready access to sanitary facilities that are hygienic and respect privacy.
19.4 Adequate facilities shall be provided so that every prisoner may have a bath or shower, at a temperature suitable to the climate, if possible daily but at least twice a week (or more frequently if necessary) in the interest of general hygiene.
19.5 Prisoners shall keep their persons, clothing and sleeping accommodation clean and tidy.
19.6 The prison authorities shall provide them with the means for doing so including toiletries and general cleaning implements and materials.”
D. Relevant international and domestic reports
1. Reports by the CPT
23 . The CPT visited Dob Prison in 1995 and 2001.
24 . In 1995 the number of prisoners held in the Dob prison was significantly lower than it is currently. 208 prisoners were held in the relevant sections of Dob Prison (the closed sections) (see document CPT/ Inf (96) 18). Following the visit in 2001, the following recommendations were made to the Slovenian authorities (CPT/ Inf (2002) 36):
“ i . Dob Prison
56. ... The CPT recommends that efforts be made to reduce the occupancy rate of the 60 m² dormitories, having regard to the new minimum standards for prison accommodation. Further, the Committee wishes to reiterate that smaller accommodation units for prisoner[s] are far preferable to large units such as the 60 m² dormitories seen in Dob Prison.
... ”
2. The 2008 Annual Report by the Administration for the Execution of Penal Sentences
25 . In the chapter concerning the living conditions in Slovenian prisons, the Administration for the Execution of Penal Sentences stated the following (p. 98):
“ ... Poor living conditions are coupled with overcrowding, which is most present in the large prisons in Slovenia , Dob, Ljubljana and Maribor . The urgency of improving living conditions has been stressed by the Ombudsman for Human Rights, the CPT and other institutions.
... It is understandable that such living conditions adversely affect prisoners ’ hygiene and privacy. Poor living conditions sometimes also obstruct the exercise of prisoners ’ rights. In some establishments, prisoners on remand live in worse conditions than sentenced prisoners. The outdated and inadequate furniture in living rooms and other areas presents an additional problem.”
3. Report by the Slove nian Ombudsman for Human Rights
26 . On 17 and 18 March 2009 the Ombudsman for Human Rights conducted a visit to Dob Prison under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or De grading Treatment or Punishment and issued a report, which reads as follows:
“ ... the official capacity is still 296 prisoners, including 233 prisoners in the closed section, 40 prisoners in the semi-open section and 23 prisoners in the open section. At the time of our visit, the establishment held 497 prisoners, including 433 in the closed section, which is 200 beyond the official capacity. The prison administration has stressed that it has previously been faced with an even higher occupancy rate. During a certain period in 2008, the prison held 526 prisoners ...
We found that since our last visit the overcrowding has only intensified. This raises concerns. The prison administration has agreed with this finding and stressed that it is of particular concern that the overcrowding cannot be reduced by placing prisoners in other establishments as the number of prisoners is rising everywhere. On the other hand, we welcome the fact that the preparatory work on the renovation and expansion of the prison has finally started. ...
We have again stressed that in most cases the furniture in the rooms is completely outdated and therefore urgent repairs and replacements are needed. ...
The closed section had sufficient outside areas at the time of the visit ...
According to the prison administration, illegal drugs present a serious problem. About half of the prisoners are addicted to drugs or alcohol ... Apart from the lack of space, the drug-free section also cannot operate because of the lack of appropriate staff.”
COMPLAINTS
27 . The applicants complain that the conditions o f their detention in Dob Prison amounted to a violation of Articles 3 and 8 of the Convention. In particular, they complain o f severe overcrowding, which le d to a lack of personal space, poor sanitary conditions, insufficient ventilation, deprivation of privacy, excessive restrictions on out-of-cell time , an inadequate level of heath care and psychological assistance, and reduced security.
28 . They also submit that the situation amount ed to a structural problem, which has been acknowledged by the domestic authorities.
29 . In addition, the applicants complain that owing to the systemic nature of the violation, they do not have any effective remedy at their disposal. In any event, there is no evidence that the remedies which are available in theory could work effectively in practice when it comes to prison conditions and treatment of prisoners. They invoke Article 13 on that account .
30 . Certain applicants submit further complaints, which are noted in the attached table.
QUESTIONS TO THE PARTIES
1. In respect of each applicant and each cell in which he was held , t he Government are requested to comment on the following points.
(a) Indicate the cell number and the dates of the applicant ’ s stay.
(b) What was the floor surface of the cell (in square metres)?
(c) How many beds were available in the cell at the time of the applicant ’ s stay ?
(d) How many detainees were held in the cell at the time of the applicant ’ s stay ? Indicate the maximum number of detainees, not the average.
(e) Was the cell equipped with a functioning ventilation system at the time of the applicant ’ s stay ?
(f ) For each applicant , indicate the duration of out-of-cell time available to him per day and the area available for this purpose.
(g ) For each applicant, indicate the frequency and the duration of outdoor exercise, the surface area of the exercise yard (in square metres) he can use during exercise and the type of the roof above the yard (metal bars, solid roof, netting, etc.).
(h) What were the sanitary conditions in respect of the cells in which the applicants were held?
( i ) What measures were taken to provide adequate hygiene and to prevent tr ansmission of diseases such as Hepatitis C at the time of the applicant ’ s stay ?
Where applicable, the Government are requested to provide the above information also as regards the period following the lodging of the applications.
2. As regards each applicant, did the conditions of his detention amount to treatment prohibited by Article 3 of the Convention?
3. Has there been an unjustified interference with each applicant ’ s right to respect for his private life, within the meaning of Article 8 § 1 of the Convention?
4. Do these cases reveal the existence of a structural problem? Does this situation amount to “a practice incompatible with the Convention” (see Bottazzi v. Italy [GC], no. 34884/97, § 22, ECHR 1999 ‑ V)?
5 . Did the applicants have effective domestic remedies available – as required by Article 13 of the Convention – for their complaint about the inhuman and degrading conditions of their detention? In particular, was there an effective mechanism, sufficiently established in law and practice, that would have allowed the authorities to put an end to the continuing violation of the applicants ’ rights under Article 3 while they were still in detention, and/or to grant them adequate compensation for non-pecuniary damage after their detention had already ended?
6 . W hat is the time frame within which the construction project concerning the Dob Prison will be completed?
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5700/10
Jasmin
Mole
Slovene
28/12/1976
24/12/2009
57m²/16 (3,56m²)
01/05 - 08/11
5704/10
Elvis
Livadić
Slovene
07/08/1988
24/12/2009
57m²/16 (3,56m²)
04/09 - 06/24
5711/10
Rajko
Lalić
Slovene
15/03/1961
24/12/2009
57m²/17 (3,35m²)
09/07 - 02/11
5714/10
Ismet
Smajović
Serbian
29/10/1965
24/12/2009
57m²/16 (3,56m²)
05/06 - 06/14
5719/10
Roman
Tivadar
Slovene
26/12/1974
24/12/2009
57m²/18 (3,16m²)
01/09 - 07/12
5720/10
Radovan
Mišić
Bosnia and Herzegovina
17/04/1962
18/12/2009
57m²/17 (3,35m²)
05/08 - 04/11
The applicant complains that he suffered from severe distress and other related illnesses.
5724/10
Niko
Stariha
Slovene
01/12/1977
18/12/2009
57m²/16 (3,56m²)
06/07 - 05/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5728/10
Đorđe
Petrović
Slovene
05/05/1955
18/12/2009
Between April 2006 and May 2008: 57m²/17 (3,35m²); Currently: 3.52m² of personal space ( p.s .)
03/06 - 03/10
5729/10
Elvir
Mukeljić
Slovene
17/06/1978
18/12/2009
57m²/17 (3,35m²)
05/08 - 01/10
5733/10
Ivan
Plečko
Slovene
13/08/1970
18/12/2009
57m²/16 (3,56m²)
09/08 - 06/11
5749/10
Ivo
Å olaja
Slovene
25/08/1956
18/12/2009
57m²/17 (3,35m²)
03/09 - 07/12
5750/10
Zoltan
Varadi
Slovakia
01/05/1985
24/12/2009
57m²/18 (3,16m²)
03/08 - 07/18
5753/10
Nermin
Lović
Slovene
21/03/1974
18/12/2009
57m²/17 (3,35m²)
05/07 - 08/10
5754/10
Drago
Prajner
Slovene
13/04/1971
18/12/2009
57m²/16 (3,56m²)
07/07 - 09/13
5759/10
Stanko
Kolompar
Slovene
13/07/1977
18/12/2009
57m²/17 (3,35m²)
02/09 - 12/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5767/10
Jasmin
Mešić
Slovene
22/05/1979
24/12/2009
57m²/16 (3,56m²)
07/06 - 06/14
The applicant raises allegations as to the transmission of Hepatitis C in the prison and complains about improper medical treatment.
5778/10
Astor
Brajdič
Slovene
03/11/1981
18/12/2009
57m²/17 (3,35m²)
12/08 - 09/12
The applicant complains that he suffered trauma because of racial harassment by fellow prisoners (the applicant is of Roma origin) and that no protective measures were taken by authorities.
5780/10
Roman
Viličnik
Slovene
18/12/1984
18/12/2009
57m²/18 (3,16m²)
01/09 - 01/12
5783/10
Drago
Pečko
Slovene
25/12/1957
18/12/2009
57m²/16 (3,56m²)
01/09 - 01/12
5787/10
Zoran
Benić
Slovene
29/11/1975
24/12/2009
57m²/18 (3,16 m²)
02/08 - 04/10
5798/10
Anđelko
Vardič
Slovene
26/01/1971
18/12/2009
57m²/17 (3,35m²)
06/07 - 03/11
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5801/10
Danijel
Bekš
Slovene
05/08/1963
18/12/2009
57m²/18 (3,16 m²)
10/06 - 12/12
5803/10
Albin
Božičnik
Slovene
30/01/1966
18/12/2009
57m²/16 (3,56m²)
07/07 - 11/12
5804/10
Enis
Bajić
Slovene
11/03/1976
18/12/2009
57m²/16 (3,56m²)
04/07 - 04/11
5807/10
Elvir
Šabotič
Montenegrin
13/07/1975
18/12/2009
57m²/17 (3,35m²)
09/05 - 12/10
5811/10
Matjaž
Jusič
Slovene
13/08/1958
18/12/2009
57m²/17 (3,35m²)
06/07 - 11/12
5814/10
Miroslav
Adler
Slovene
06/03/1977
18/12/2009
57m²/15 (3,8m²)
01/08 - 01/20
5816/10
Niko
Å otner
Slovene
07/03/1980
18/12/2009
57m²/15 (3,8m²)
07/09 - 01/13
The applicant raises allegations as to the transmission of Hepatitis C in the prison.
5823/10
Marko
Kos
Slovene
15/08/1966
18/12/2009
57m²/15 (3,8m²)
04/06 - 03/18
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5827/10
Damijan
Kranjec
Slovene
12/02/1981
18/12/2009
57m²/17 (3,35m²)
03/09 - 11/10
5829/10
Boris
Ahec
Slovene
25/02/1955
18/12/2009
57m²/16 (3,56m²)
04/09 - 05/12
5830/10
Slobodan
Katič
Slovene
02/01/1960
18/12/2009
57m²/16 (3,56m²)
02/08 - 05/14
The applicant complains that his treatment for drug abuse was unsuccessful due to improper prison conditions.
5831/10
Haris
Ajdarović
Slovene
26/04/1983
24/12/2009
57m²/17 (3,35m²)
08/07 - 08/10
5835/10
Darinko
Brajdič
Slovene
18/12/1968
08/01/2010
57m²/18 (3,16 m²)
10/05 - 11/18
The applicant complains that he was a victim of an accident at work in the prison.
5841/10
Aleš
Kovačič
Slovene
06/04/1982
18/12/2009
57m²/15 (3,8m²)
05/08 - 08/12
5855/10
Bogomir
Demšar
Slovene
29/01/1958
18/12/2009
57m²/15 (3,8m²)
01/07 - 01/15
5864/10
Marko
Kaluža
Slovene
26/08/1967
18/12/2009
57m²/16 (3,56m²)
03/08 - 03/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5876/10
Martin
Kos
Slovene
28/10/1960
18/12/2009
57m²/18 (3,16 m²)
11/07 - 02/12
5889/10
Milan
Komadina
Slovene
19/07/1963
18/12/2009
57m²/17 (3,35m²)
Since 06/09
5896/10
Marjan
Kunc
Slovene
18/05/1975
18/12/2009
57m²/16 (3,56m²)
02/06 - 07/12
5898/10
Franc
Pevc
Slovene
21/11/1963
18/12/2009
57m²/16 (3,56m²)
05/07 - 07/11
5900/10
Gorazd
Bukvič
Slovene
12/09/1981
18/12/2009
57m²/16 (3,56m²)
12/07 - 02/18
5906/10
Goran
Ilibašić
Croatian
09/06/1976
18/12/2009
57m²/16 (3,56m²)
08/06 - 04/12
5911/10
Milan
Plavčak
Slovene
26/08/1973
18/12/2009
57m²/15 (3,8m²)
10/08 - 06/10
5917/10
Peter
Rijavec
Slovene
08/12/1977
18/12/2009
57m²/16 (3,56m²)
07/08 - 10/11
5939/10
Goran
Đurković
Slovene
15/05/1979
08/01/2010
57m²/16 (3,56m²)
08/09 - 02/11
5940/10
Miloš
Zogović
Slovene
11/06/1979
08/01/2010
57m²/18 (3,16 m²)
02/06 - 12/11
5941/10
Duško
Cvijanović
Slovene
11/10/1973
08/01/2010
57m²/16 (3,56m²)
03/08 - 10/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5951/10
Dragutin
Srpak
Slovene
04/02/1956
18/12/2009
57m²/15 (3,8m²)
07/07 - 05/15
The applicant complains that he suffered from severe distress and that his complaints were not answered by the authorities.
5952/10
Franjo
Ivanušič
Croatian
13/03/1961
08/01/2010
57m²/16 (3,56m²)
07/07 - 04/11
5956/10
Sašo
Tuksar
Slovene
19/09/1967
18/12/2009
57m²/17 (3,35m²)
05/09 - 09/11
5958/10
Jasmin
Kostevc
Slovene
11/08/1974
18/12/2009
57m²/16 (3,56m²)
07/08 - 02/10
5959/10
Danijel
Fabijančič
Slovene
15/05/1978
08/01/2010
57m²/16 (3,56m²)
10/04 - 01/15
5964/10
Alojz
Polajšer
Slovene
15/10/1957
18/12/2009
57m²/15 (3,8m²)
01/08 - 07/10
5970/10
Matej
Kumin
Slovene
03/01/1983
18/12/2009
57m²/15 (3,8m²)
02/05 - 05/17
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
5971/10
Matjaž
Šušteršič
Slovene
11/03/1969
18/12/2009
57m²/16 (3,56m²)
07/07 - 07/10
The applicant complains that he was twice beaten and injured by fellow prisoners.
5973/10
Aleš
Erjavec
Slovene
01/11/1976
08/01/2010
57m²/15 (3,8m²)
03/09 - 03/11
5974/10
Zeni
Demiri
Slovene
01/04/1965
18/12/2009
57m²/15 (3,8m²)
10/08 - 10/11
5980/10
Marjan
Zupanič
Slovene
11/07/1966
18/12/2009
57m²/18 (3,16 m²)
11/06 - 08/18
5987/10
Zoran
Dedić
Slovene
12/11/1981
24/12/2009
57m²/15 (3,8m²)
06/09 - 03/11
5988/10
Iztok
Nilič
Slovene
28/08/1977
18/12/2009
57m²/16 (3,56m²)
05/08 - 03/?
6007/10
Goran
Maksimovič
Slovene
22/10/1976
18/12/2009
57m²/16 (3,56m²)
08/08 - 05/14
6008/10
Sead
Batanović
Slovene
28/07/1971
24/12/2009
57m²/15 (3,8m²)
07/08 - 07/10
6014/10
Damjan
Mikložič
Slovene
24/08/1980
18/12/2009
57m²/16 (3,56m²)
07/03 - 12/13
6022/10
Tihomir
Mijalković
Serbian
23/02/1974
18/12/2009
57m²/15 (3,8m²)
09/07 - 05/13
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6030/10
Marko
Celarc
Slovene
18/07/1957
18/12/2009
57m²/17 (3,35m²)
05/03 - 03/11
6040/10
Boštjan
Koprivnikar
Slovene
05/05/1979
18/12/2009
57m²/17 (3,35m²)
12/07 - 12/11
6057/10
Darko
Å inko
Slovene
11/12/1967
24/12/2009
57m²/15 (3,8m²)
09/02 - 10/10
The applicant raises allegations as to the transmission of Hepatitis C in the prison.
6074/10
Zlato
Farčnik
Slovene
21/03/1972
18/12/2009
57m²/15 (3,8m²)
07/08 - 10/18
6084/10
Lenart
Ciglar
Slovene
15/04/1983
18/12/2009
57m²/17 (3,35m²) Since June 2009: 3.75m² of p.s .
06/05 - 03/18
6091/10
Jože
Kac
Slovene
17/04/1965
18/12/2009
57m²/15 (3,8m²)
05/06 - 11/10
6102/10
Dušan
Nedeljko
Slovene
12/12/1966
18/12/2009
57m²/18 (3,16m²)
10/07 - 10/11
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6108/10
Martin
Vidovič
Slovene
12/09/1953
18/12/2009
57m²/18 (3,16m²)
05/07 - 11/10
6117/10
Å tefan
Mitrovič
Slovene
23/12/1961
18/12/2009
57m²/17 (3,35m²)
07/00 - 09/19
6118/10
Franc
Arh
Slovene
06/04/1973
18/12/2009
57m²/15 (3,8m²)
04/07 - 10/14
6119/10
Denis
Ambroželj
Slovene
15/07/1976
18/12/2009
57m²/15 (3,8m²)
Since March 2009
6122/10
Redžep
Aksalić
M ontenegrin
15/01/1961
18/12/2009
57m²/15 (3,8m²)
05/02 - 07/15
6125/10
Albin
Mravljak
Slovene
14/12/1957
18/12/2009
57m²/18 (3,16m²)
10/07 - 10/21
The applicant complains that he suffered from severe distress and other related illnesses.
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6131/10
Milan
Mitrič
Slovene
15/02/1979
18/12/2009
57m²/15 (3,8m²)
05/09 - 05/13
The applicant complains that he suffered from heart disease and was forced to stay with smokers.
6140/10
Drago
Kovačič
Slovene
17/03/1962
18/12/2009
57m²/15 (3,8m²)
09/05 - 07/14
6154/10
Robert
Rauter
Slovene
08/04/1976
18/12/2009
57m²/17 (3,35m²)
03/04 - 07/32
6159/10
Tomaž
Vuk
Slovene
03/10/1967
18/12/2009
57m²/18 (3,16 m²)
Since September 2009
6166/10
Zim
Memeti
Slovene
27/12/1967
18/12/2009
57m²/17 (3,35m²)
10/07 - 08/19
6170/10
Drago
Majcen
Slovene
18/09/1958
24/12/2009
57m²/15 (3,8m²)
10/02 - 10/12
The applicant raises allegations as to the transmission of Hepatitis C and complains about improper medical treatment.
6171/10
Peter
Orešič
Slovene
16/05/1975
18/12/2009
57m²/16 (3,56m²)
05/99 - 01/16
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6179/10
Lovro
Vadlja
Slovene
04/03/1985
18/12/2009
57m²/15 (3,8m²)
08/07 - 06/26
6182/10
Bojan
Slana
Slovene
28/11/1975
24/12/2009
57m²/17 (3,35m²)
04/06 - 09/19
6188/10
Marinko
Avgustinović
Slovene
08/09/1980
18/12/2009
57m²/15 (3,8m²)
01/08 - 07/11
6195/10
Janez
Skubic
Slovene
18/01/1986
24/12/2009
57m²/17 (3,35m²)
02/09 - 04/11
6225/10
Stojan
Radin
Slovene
27/05/1959
24/12/2009
57m²/17 (3,35m²)
06/06 - 10/17
6267/10
Branko
Ločnikar
Slovene
17/03/1963
18/12/2009
57m²/16 (3,56m²)
03/08 - 09/11
6275/10
Frank
Palmer
Slovene
28/12/1965
18/12/2009
57m²/18 (3,16m²); Currently; 3.75m² of p.s .
10/07 - 07/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6279/10
Vanja
Pirnat
Slovene
22/01/1959
18/12/2009
57m²/15 (3,8m²)
01/08 - 08/11
6285/10
Jure
Trupej
Slovene
03/09/1983
18/12/2009
57m²/16 (3,56m²)
05/09 - 03/12
The applicant claims he became a drug addict in the prison and expresses fears over the transmission of Hepatitis C in the prison.
6309/10
Riki
Bukvić
Croatian
29/01/1985
18/12/2009
57m²/16 (3,56m²)
07/09 - 3/11
6375/10
Slavko
Zlodej
Slovene
31/10/1963
22/01/2010
57m²/15 (3,8m²)
9/09 - 2/13
6399/10
Zlatko
Kajtazović
Slovene
06/03/1964
18/12/2009
57m²/16 (3,56m²)
12/08 - 12/11
The applicant complains about lack of safety measures against potential fire.
6408/10
Milorad
Draganić
Bosnia and Herzegovina
31/07/1969
18/12/2009
57m²/16 (3,56m²)
12/08 - 09/12
6427/10
Anton
Krempl
Slovene
26/04/1960
18/12/2009
57m²/16 (3,56m²)
05/07 - 05/11
6438/10
Primož
Koritnik
Slovene
10/09/1991
18/12/2009
57m²/16 (3,56m²)
08/08 - 05/14
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6452/10
Marko
Dragišić
Slovene
10/01/1979
18/12/2009
57m²/17 (3,35m²)
11/06 - 03/11
The applicant complains that he sustained injuries at work in the prison due to improper safety conditions.
6497/10
Jaka
Pavlinič
Slovene
09/05/1985
18/12/2009
57m²/16 (3,56m²)
Since July 2009
6519/10
Aleksandar
Djurdjević
Slovene
26/09/1979
18/12/2009
57m²/16 (3,56m²)
05/07 - 06/13
6530/10
Darko
Eržen
Slovene
12/11/1957
18/12/2009
57m²/15 (3,8m²)
02/08 - 05/17
6538/10
Ahmet
Bajraktari
Slovene
11/10/1962
18/12/2009
57m²/16 (3,56m²)
04/08 - 12/21
6548/10
Anton
Planinšec
Slovene
12/02/1963
18/12/2009
57m²/16 (3,56m²)
12/05 - 06/15
6552/10
Jasmin
Čivović
Slovene
13/07/1977
18/12/2009
57m²/15 (3,8m²)
03/07 - 09/10
6559/10
Tomaž
ÄŒuden
Slovene
01/07/1972
18/12/2009
57m²/17 (3,35m²)
07/06 - 01/10
The applicant complains that he was beaten several times by fellow prisoners.
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6613/10
Vehid
Delić
Slovene
13/10/1980
18/12/2009
57m²/16 (3,56m²) ; Since spring 2007: 3.7m² of p.s .
06/06 - 09/11
6620/10
Sebastjan
Heine
Slovene
28/05/1983
18/12/2009
60m²/17 (3,75m²)
05/08 - 05/11
6623/10
Radivoj
Dubac
Slovene
11/06/1969
18/12/2009
57m²/18 (3,16 m²)
01/08 - 08/11
6634/10
Peter
Vogrinc
Slovene
16/09/1979
18/12/2009
57m²/16 (3,56m²)
02/08 - 03/10
6647/10
Nebojša
Å egota
Slovene
10/02/1969
18/12/2009
57m²/15 (3,8m²)
07/08 - 11/15
6653/10
Danilo
Tivadar
Slovene
10/02/1976
18/12/2009
57m²/17 (3,35m²)
09/08 - 03/12
6682/10
Srečko
Ferenc
Slovene
01/03/1968
18/12/2009
57m²/17 (3,35m²)
02/09 - 03/11
The applicant complains that his injuries have not been properly treated in the prison.
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6684/10
Danilo
Pohorec
Slovene
07/01/1955
18/12/2009
57m²/16 (3,56m²)
06/08 - 06/10
The applicant complains that he suffered from severe distress as a result of which he was hospitalised on four occasions.
6690/10
Edin
Tirić
Slovene
06/03/1981
18/12/2009
57m²/16 (3,56m²)
04/09 - 12/11
6888/10
Janko
Kermc
Slovene
18/02/1976
18/12/2009
57m²/17 (3,35m²)
07/08 - 01/16
6893/10
Damir
Glavica
Slovene
30/01/1974
18/12/2009
57m²/15 (3,8m²)
08/04 - 01/13
6910/10
Vojko
Brajdič
Slovene
10/03/1970
18/12/2009
57m²/19 (3m²)
07/07 - 02/13
6916/10
Jernej
Brezovšček
Slovene
25/06/1974
18/12/2009
57m²/18 (3,16m²)
11/08 - 11/11
6918/10
Ramo
Bislimi
Slovene
16/03/1950
18/12/2009
57m²/17 (3,35m²)
04/07 - 03/13
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6922/10
Dušan
Skobir
Slovene
15/01/1969
18/12/2009
57m²/16 (3,56m²)
09/05 - 10/10
6927/10
Dejan
Jović
Slovene
17/03/1978
18/12/2009
57m²/16 (3,56m²)
12/08 - 06/11
6934/10
Branko
Grant
Slovene
22/08/1951
18/12/2009
57m²/18 (3,16 m²)
02/08 - 02/15
6948/10
Zdenko
Stanivuk
Slovene
19/07/1977
18/12/2009
57m²/16 (3,56m²)
02/05 - 08/19
6952/10
Anton
Gorenjec
Slovene
13/01/1967
18/12/2009
57m²/17 (3,35m²)
06/07 - 06/10
6954/10
Roman
ÄŒmak
Slovene
14/03/1965
18/12/2009
57m²/16 (3,56m²)
07/07 - 03/12
6961/10
Stephen
Casiraghi
Slovene
31/05/1968
18/12/2009
57m²/16 (3,56m²)
04/08 - 02/24
6964/10
Marjan
Koser
Slovene
20/11/1961
18/12/2009
57m²/17 (3,35m²)
05/07 - 06/12
6971/10
Damjan
Vilčnik
Slovene
29/05/1980
18/12/2009
2007-2009: 20m²/4 (5m²) (Hospital room); Currently: 3.3m² of p.s .
06/05 - 06/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
6974/10
Samir
Sejfović
Slovene
03/08/1976
18/12/2009
57m²/18 (3,16m²)
05/05 - 06/11
6980/10
David
Lorbek
Slovene
26/11/1971
29/12/2009
57m²/16 (3,56m²)
06/09 - 04/11
6985/10
Oliver
Obradović
Slovene
13/09/1979
29/12/2009
Between March and May 2009: 57m²/17 (3,35m²); Currently: 3m² of p.s .
01/09 - 11/10
7034/10
Tomaž
Golob
Slovene
31/03/1966
18/12/2009
57m²/17 (3,35m²)
11/08 - 09/10
7036/10
Franc
Vinšek
Slovene
07/04/1970
18/12/2009
57m²/16 (3,56m²)
06/05 - 06/10
7048/10
Jožef
Gajšek
Slovene
09/02/1962
18/12/2009
57m²/17 (3,35m²)
06/07 - 05/16
7059/10
Jožef
Kočar
Slovene
22/04/1961
18/12/2009
57m²/17 (3,35m²)
10/07 - 03/10
7117/10
Stanislav
Ujčič
Slovene
30/03/1985
18/12/2009
57m²/16 (3,56m²); Currently: 3.75m² of p.s .
08/08 - 07/11
The applicant alleges that he endured even more hardship due to his diabetes.
7175/10
Igor
Jeftić
Slovene
30/08/1977
18/12/2009
57m²/15 (3,8m²)
03/07 - 03/10
APP.NO.
NAME
SURNAME
NATIONALITY
BIRTH DATE
INTRODUCTION DATE
SIZE OF CELL/OCCUPANCY LEVEL
EST. LENGTH OF STAY
Additional complaints
7182/10
Aleš
Jamnišek
Slovene
26/07/1982
18/12/2009
57m²/17 (3,35m²)
12/08 - 09/10
7189/10
Alojz
Hajšek
Slovene
13/01/1964
18/12/2009
57m²/17 (3,35m²)
04/07 - 04/12
7199/10
Mitja
Jovanovič
Slovene
15/05/1971
18/12/2009
57m²/17 (3,35m²)
12/08 - 04/11
7207/10
Dominik
Javornik
Slovene
21/07/1970
18/12/2009
57m²/18 (3,16 m²)
12/06 - 10/11
7236/10
Artur
Galič
Slovene
26/08/1976
18/12/2009
57m²/16 (3,56m²)
01/01 - 04/10