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Violations of Article 3
Statement of the alleged violation of Article 3 of the Convention
Article 3 - Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The rights protected under Article 3 of the Convention relate directly to an individual's personal integrity and human dignity. Freedom from torture, inhuman or degrading treatment or punishment are therefore rights of an extremely serious nature. This rule is an axiom, it allows of no exceptions and has absolute validity.
The State has an obligation not only to refrain from torture or inhuman or degrading treatment or punishment, but also has positive obligations in this area. In particular, Article 3 obligates the State and all its authorities to protect the physical integrity and health of the arrested. It must guarantee an effective medical treatment. In numerous cases the Court has underlined the responsibility of the State for the welfare of its detainees.
Prison conditions violate Article 3 if they cause someone considerable mental or physical suffering, violate human dignity or are humiliating or degrading. Distinct overcrowding, unhygienic conditions, lack of health care and appropriate medical treatment are examples of conditions which violate Article 3.
The first applicant explicitly refers to his application under Rule 39 of Rules of Court of 9 March 2007 and his comments given afterwards on the Government's poor information (applicant's letter of 10 May and 18 October 2007 as well as to all of its attached Annexes). This file should be included in the present application as integral component of it.
In his aforementioned application and subsequent comments and replies the first applicant brought to the attention of the Court the conditions under which he has been imprisoned. The applicant's cell was 12 square meters, shared with 8 inmates, making a space of 1.5 square meters per inmate. There were 4 iron “beds” (places) for these 8 inmates. Therefore, they had to sleep by turns, i.e., when some inmates were sleeping others were waiting for their turn. Such conditions are intolerable even for healthy men, to say nothing about the applicant, who is suffering from spine problems such as lumbar spondylosis, ligamentitis, dorsomediolateral sub-ligamental sequestered prolapse of a spinal disk.
These degrading and inhuman conditions amount to a real and direct risk to worsening of the applicant's health state.
The Court stated that a space of about four square meters per inmate is adequate (ECHR of 13 September 2005, 35207/03 Nr. 82, Ostrovar v. Moldavia).
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