Information Note on the Court’s case-law 16

March 2000

Valašinas v. Lithuania (dec.) - 44558/98

Decision 14.3.2000 [Section III]

Article 3

Inhuman treatment

Conditions of detention and arbitrary imposition of disciplinary penalties: admissible

Article 8

Article 8-1

Respect for correspondence

Control by the prison authorities of letters addressed to the Convention organs and delay in sending these letters: admi ssible

The applicant is serving a prison sentence for the theft, possession and sale of firearms. He complained of the poor conditions of his detention in a segregation unit as well as under the normal regime. While detained in the segregation unit, he was allegedly subject to strip-searching in front of other prisoners and a woman from the prison staff. The infirmary nurses came to examine him several days after he had reported to them that he had a fever and he was merely told to stay in bed. There was no possibility of doing any sport, work or other recreational activities. As for the normal regime, the applicant complained of overcrowding in general and of appalling sanitary and catering conditions, as well as the lack of adequate medical care and the ab sence of any work or activities. He referred to an order of the Minister for the Interior whereby, from August to November 1998, no prisoner was allowed to remain in bed during the day;  the sleeping time being 8 hours, prisoners were required to spend the remaining 16 hours on their feet, which was physically very strenuous for some of the prisoners, including the applicant, who suffers from a heart condition. The order was eventually amended after numerous protests by prisoners. The applicant also complai ned about specific treatment and penalties inflicted upon him, maintaining that he was regularly ill-treated by the prison staff because of his critical comments about the prison system and the conditions of his own detention. He further complained about t he control by the prison authorities of his correspondence, in particular with the Convention organs: he claimed that his letters to the Convention organs were deliberately delayed by the prison authorities.

Admissible under Article 3, 8 and 34: The Govern ment have not established the existence of adequate and effective remedies to redress the violations alleged by the applicant.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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