Communicated on 28 September 2017
FOURTH SECTION
Applications nos 55681/15 and 38686/16
Richardas KAZĖNAS against Lithuania
and Romualdas GASKA against Lithuania
lodged on 4 November 2015 and 27 June 2016 respectively
STATEMENT OF FACTS
The applicants are Lithuanian nationals.
A. The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
1. Application no. 55681/15 was lodged on 4 November 2015 by Richardas Kazėnas who was born on 14 July 1955 and is detained in the Pravieniškės Correctional Facility.
The applicant has been detained in the Pravieniškės Correctional Facility since an unspecified date. In 2014 he lodged a civil claim against the State, alleging that he was being detained in overcrowded and unsanitary cells and that the amount of food given to him was insufficient. He claimed 70,000 Lithuanian litai (LTL – approximately 20,270 euros (EUR)) in respect of non-pecuniary damage.
On 17 February 2015 the Kaunas Regional Administrative Court dismissed the applicant’s claim and on 5 October 2015 the Supreme Administrative Court upheld that decision. The courts found that for 197 days from 13 June until 27 December 2013 the applicant had had 2.77 sq. m of personal space and that from 28 October 2014 until an unspecified date he had had 1.78 sq. m of personal space, in violation of the domestic standard of 3.1 sq. m. During the remaining periods the applicant had always had more than 3 sq. m of personal space. The courts found that the sanitary conditions in the cells complied with the relevant domestic hygiene norms and the amount of food given to the applicant also complied with the relevant legal requirements. They also underlined that the applicant was detained in a dormitory-type facility, he was able to move around freely during the day, and various leisure and educational activities were available. Therefore, the applicant’s claim in respect of non-pecuniary damage was dismissed.
2. Application no 38686/16 was lodged on 27 June 2016 by Romualdas Gaska who was born on 6 February 1958 and is detained in the Alytus Correctional Facility.
The applicant has been detained in the Alytus Correctional Facility since 9 March 2012. In 2014 he submitted a civil claim against the State, alleging that from 9 March 2012 until 11 June 2013 he had been detained in overcrowded and unsanitary cells. He claimed LTL 30,000 (approximately EUR 8,700) in respect of non-pecuniary damage.
On 22 September 2014 the Kaunas Regional Administrative Court dismissed the applicant’s claim. It found that during the entire period under consideration, except for 169 days when had been transported outside of the correctional facility, the applicant had had 2.24 sq. m of personal space, in violation of the domestic standard of 3.1 sq. m. However, the court found that the sanitary conditions in the cells had complied with relevant domestic hygiene norms. It also dismissed as unproven the applicant’s claim that his health had deteriorated. The court further underlined that the applicant was detained in a dormitory-type facility, he was able to move around freely during the day, and various leisure and educational activities were available. Therefore, the applicant’s claim in respect of non-pecuniary damage was dismissed.
On 2 May 2016 the Supreme Administrative Court upheld the first‑instance court’s findings with regard to the personal space available to the applicant. It also found that during certain periods there may have been breaches of domestic regulations concerning the light available and smoking in the cells. However, the court reiterated that the applicant was detained in a dormitory-type facility, he was able to move around freely during the day, and various leisure and educational activities were available. It therefore considered that the finding of a violation was sufficient and that there was no need to make an award to the applicant in respect of non-pecuniary damage.
B. Relevant domestic law and practice
For relevant domestic law and practice concerning conditions of detention, see §§ 50-60 of Mironovas and Others v. Lithuania (nos. 40828/12 and 6 others, 8 December 2015).
COMPLAINTS
The applicants complain that they are detained in inhuman and degrading conditions, contrary to Article 3 of the Convention.
QUESTIONS
1. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, in view of the conditions of their detention (see Mironovas and Others v. Lithuania, nos. 40828/12 and 6 others, §§ 131 and 135, 8 December 2015, and Muršić v. Croatia [GC], no. 7334/13, §§ 136-41, ECHR 2016)?
2. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3, as required by Article 13 of the Convention (see Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 96-98, 10 January 2012, and Mironovas and Others, mentioned above, §§ 102-04)?
APPENDIX
Application no. 55681/15
1. Richardas KAZĖNAS is a Lithuanian national who was born in 1955.
Application no. 38686/16
2. Romualdas GASKA is a Lithuanian national who was born in 1958.
Full & Egal Universal Law Academy