Communicated on 19 May 2020
Published on 25 May 2020
FOURTH SECTION
Application no. 7320/20
Arnold Nico JOHN
against the Netherlands
lodged on 5 February 2020
SUBJECT MATTER OF THE CASE
This application concerns the allegedly poor conditions of the applicant’s detention on remand in the Police Complex of Philipsburg in Sint Maarten from 6 December 2019 until 7 February 2020. The applicant complains that he had to remain in his cell for 23.5 hours a day. The cell was approximately six square meters, contained two beds (but the applicant did not have to share his cell with another detainee), had no natural light, insufficient ventilation and no air-conditioning. It had a shower and toilet which were not separated from the living area. The toilet could not be covered which contributed to the stench of sewerage in the cell. There was no running water in the cell; the toilet flush and shower only worked when a warden pulled a handle outside the cell. The light functioned in the same way. Detainees had to scream for the warden’s attention, and their screams often went unheard or were ignored. In addition, the applicant has a mental disorder. It appears that he had shown signs of being psychotic whilst in the Police Complex and that he was given medication to keep calm and help him sleep. Relying on Article 3, the applicant holds that the detention conditions constitute inhuman and degrading treatment.
QUESTION TO THE PARTIES
Did the material conditions of the applicant’s detention at Philipsburg police station, in particular the personal space available in the cell, the time allowed outside the cell and the sanitary conditions, amount to inhuman or degrading treatment in breach of Article 3 of the Convention (see Corallo v. the Netherlands (no. 29593/17, 9 October 2018)?
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