Published on 17 October 2022

FIRST SECTION

Applications nos. 59214/18 and 51846/19 Rafał ZYCH against Poland and Patrycjusz Renard GERTER against Poland lodged on 3 April 2019 and 24 September 2019 respectively communicated on 30 September 2022

SUBJECT MATTER OF THE CASE

The applications concern the lack of proper separation of the sanitary facilities from the rest of the cells in which the applicants were serving their sentences. The applicants’ civil claims for compensation against the State Treasury concerning the inadequate sanitary conditions were dismissed.

The applicants complain under Article 8 of the Convention of a violation of their right to privacy and dignity due to inadequate separation of the toilet annex from the rest of the cell.

QUESTION TO THE PARTIES

Has there been a lack of respect for the applicants’ private life, within the meaning of Article 8 § 1 of the Convention (c.f. Szafrański v. Poland , no. 17249/12, 15 December 2015)?

Reference is made, in application no 59214/18, to the manner in which cell no. 3 of the Warszawa-Mokotów Remand Centre, where the applicant Mr Zych was detained between 28 January and 6 March 2013, was fitted with the toilet annex and to the alleged lack of privacy.

Reference is made, in application no. 51856/19, to the manner in which the cell of the Wrocław Remand Centre, where the applicant Mr Gerter was detained between November 2013 and February 2015, was fitted with the toilet annex and to the alleged lack of privacy.