Published on 22 November 2021

FIRST SECTION

Application no. 38309/21 Pero Å ARAC against Croatia lodged on 21 July 2021 communicated on 2 November 2021

SUBJECT MATTER OF THE CASE

On 13 July 2019 the applicant was arrested on drug-trafficking charges. Since then he has been detained in Zagreb Prison on the risk of reoffending. He suffers from multiple ailments. On 14 May 2020 he was indicted for trafficking 600 kilos of cocaine from Central and South America to several European countries together with seven other persons, as well as for unlawful possession of weapon. Six of the applicant’s co-accused have so far pleaded guilty. The indictment against the applicant has at the moment not been confirmed.

The applicant complains, relying on Article 3 of the Convention, that he is being detained in inadequate conditions in Zagreb Prison, referring in particular to insufficient personal space in the cell and poor hygienic and sanitary situation.

He further complains, under Article 13 of the Convention, that he did not have an effective domestic remedy for his complaint related to the conditions of detention, as the preventive remedy he lodged in January 2021 was examined by way of a letter, whereas in the proceedings concerning extending his detention the domestic courts did not address this particular complaint.

He lastly complains, under Article 5 § 3 of the Convention, that his continued pre-trial detention is not based on relevant and sufficient reasons, that it is excessively lengthy, and that the domestic authorities failed to examine the possibility of applying less restrictive measures.

QUESTIONS TO THE PARTIES

1. Have the conditions of the applicant’s detention in Zagreb Prison, in particular in view of the size of his cell, the number of inmates placed in the same cell, or any other condition, such as the sanitary and hygiene situation, amounted specifically or cumulatively to inhuman or degrading treatment in breach of Article 3 of the Convention, having also regard to the applicant’s state of health?

In that regard, the Government are required to provide detailed information about the conditions in which the applicant has been detained, including information about the size of each of the applicant’s cells and their state of repair, access to toilet and washing facilities, access to natural light and fresh air, hygiene, heating, ventilation and indoor and outdoor activities.

2. Did the applicant have at his disposal an effective domestic remedy for his Article 3 of the Convention complaint concerning the conditions of his detention, as required by Article 13 of the Convention?

3. Is the length of the applicant’s pre-trial detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention (see, for instance, Šoš v. Croatia , no. 26211/13, 1 December 2015; Margaretić v. Croatia , no. 16115/13, 5 June 2014 and Perica Oreb v. Croatia , no. 20824/09, 31 October 2013)?