PARTLY DISSENTING OPINION OF JUDGE CASADEVALL

(Translation)

1. Broadly speaking, for the same reasons as I mentioned in my partly dissenting opinion in the Story and Others v. Malta judgment (nos. 56854/13, 57005/13 and 57043/13, 29 October 2015), I am unable to follow the majority decision as regards the finding of no violation of Article 3 of the Convention in the present case.

2. In my view the conditions of detention imposed on the applicant in the Lyster Barracks detention centre (Hermes block) are no better than those experienced by the applicants in the case of Story and Others in Division 3 of the Corradino Correctional Facility. Accordingly, having regard to the cumulative effect, I consider that those conditions of detention amount to humiliating and degrading treatment in breach of Article 3.

3. Once again, just as in the Story and Others judgment, the majority accept the existence of several shortcomings in the general conditions prevailing in the Lyster Barracks centre (see paragraphs 94 to 100 of the judgment), but on each examination minimise them to conclude (in paragraph 101) as follows: “ ...while remaining concerned about the lack of outdoor exercise, as well as the lack of heating and female staff...”, [the Court considers that] the cumulative effect did not reach the threshold of Article 3 of the Convention.

4. I disagree. In my view it is time the Maltese State once and for all took the requisite action to ensure that detainees enjoy conditions of detention consonant with human dignity.

[1] Becoming Vulnerable in Detention , National Report on Malta, July 2010, which may be accessed at: http://jrs.attmalta.org/wp-content/uploads/downloads/2011/02/Becoming-Vulnerable-in-Detention-MT.pdf last accessed on 20 June 2014.

The Regional Report on the DEVAS project, published by JRS Europe in June 2010 may no longer be accessed online.