FIFTH SECTION
DECISION
Application no. 6980/10
David LORBEK against Slovenia
and 9 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 20 March 2012 as a Committee composed of:
Ann Power-Forde, President,
Boštjan M. Zupančič,
Angelika Nußberger, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on the dates indicated in the attached table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
THE FACTS
The applicants Mr David Lorbek, Mr Oliver Obradović, Mr Tomaž Golob, Mr Franc Vinšek, Mr Jożef Kočar, Mr Igor Jeftić, Mr Aleš Jamnišek, Mr Alojz Hajšek, Mr Mitja Jovanovič and Mr Dominik Javornik are Slovenian nationals. Their birthdates are indicated in the attached table. They were represented before the Court by Odvetniška Družba Matoz o.p. d.o.o., a law firm practicing in Koper. The Slovenian Government (“the Government”) were represented by their Agent, Mrs T. Mihelič Žitko, State Attorney.
The applicants served, or are currently serving, sentences in the closed section of Dob Prison. As regards the facilities available to the applicants in the cells and common areas, as well as the health care regime in the prison, the conditions imposed on the applicants regarding activities outside the cells and contact with the outside world, see the Court’s decision in the case of Lalić and Others v. Slovenia (dec.), nos. 5711/10, 5719/10, 5754/10, 5803/10, 5956/10, 5958/10, 5987/10, 6091/10, 6647/10 and 6893/10, 27 September 2011.
The individual circumstances, such as period of imprisonment, personal space allocated to the each applicant and their activities outside the cells, are indicated in the attached table.
COMPLAINTS
The applicants complained that the conditions of their detention in Dob Prison amounted to a violation of Articles 3 and 8 of the Convention. In particular, they complained of severe overcrowding, which had led to a lack of personal space, poor sanitary conditions and inadequate ventilation, as well as excessive restrictions on time spent outside the cell, high temperatures in the cells, inadequate health care and psychological assistance, inadequate measures as regards the rehabilitation of drug addicts, and exposure to violence from other inmates owing to insufficient prison security. They further submitted that the situation amounted to a structural problem, which had been acknowledged by the domestic authorities.
Invoking Articles 3 and 8 of the Convention, the applicants also complained of restrictions on visits, telephone conversations and correspondence.
The applicants lastly complained, under Article 13, that they did not have any effective remedy at their disposal as regards their complaints under Articles 3 and 8 of the Convention.
THE LAW
As the applications are similar in terms of both fact and law, the Court decides to join them.
The Court notes that the applicants’ complaints are identical to those of the applicants in the case of Lalić and Others (cited above). In that case the Court has found the general conditions of detention in the closed section of Dob Prison, including the medical and psychological care provided to the prisoners held therein, as well as the arrangements concerning security measures, and the restrictions on maintaining contact with people outside the prison to be adequate vis-à-vis the Convention standards. It has accordingly also rejected the applicants’ complaint under Article 13 of the Convention, as no arguable claim for the purpose of the aforementioned provision could have been established.
The Court takes note of the similar factual background of the aforementioned case and the present applications, including the fact that the present applicants always had sufficient personal space in the cells in which they were detained. Therefore, the present applications should be rejected as being manifestly ill-founded pursuant to Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Stephen PhillipsAnn Power-Forde
Deputy RegistrarPresident
No
Application No
Applicant’s name and
date of birth
Lodged on
Period of imprisonment
Cell size/occupancy level (personal space)
Out-of-cell activities
1.
6980/10
David
LORBEK
26/11/1971
29/12/2009
Since 29/06/2009
59,25 m²/15 (3,95 m²)
7,16 m²/1 (7,16 m²)
/
2.
6985/10
Oliver
OBRADOVIĆ
13/09/1979
29/12/2009
From 22/01/2009 to 30/11/2010
59,25 m²/15 (3,95 m²)
20,67 m²/3 (6,89 m²)
/
3.
7034/10
Tomaž
GOLOB
31/03/1966
18/12/2009
From 07/11/2008 to 15/04/2010
58,94m²/15 (3,93m²)
From 08/12/2008 to 29/06/2009 he attended work therapy sessions.
4.
7036/10
Franc
VINŠEK
07/04/1970
18/12/2009
Since 27/11/2007
59,89m²/14 (4,28 m²)
32,22 m² - 32,39 m²/4 (8,06 m² - 8,09 m²)
He has been working in the Pohorje Public Institute.
5.
7059/10
Jożef
KOČAR
22/04/1961
18/12/2009
From 05/10/2007 to 01/10/2009
59,57 m²/17 (3,5 m²)
From 14/04/2008 to 01/10/2009 he worked in Dob prison.
6.
7175/10
Igor
JEFTIĆ
30/08/1977
18/12/2009
From 23/07/1997 to 24/03/2010
59,89m²/14 (4,28 m²)
7,14 m² - 7,39 m²/1 (7,14 m² - 7,39 m²)
59,25 m²/15 (3,95 m²)
From 09/01/2002 to 07/05/2008 he worked in the Pohorje Public Institute.
He was included in the secondary education programme, including food-preparation and catering classes.
7.
7182/10
Aleš
JAMNIŠEK
26/07/1982
18/12/2009
From 16/12/2008 to 31/12/2009
58,94m²/17 (3,47m²)
24,96 m²/3 (8,32 m²)
19,20m²/2 (9,60 m²)
He was included in the secondary education programme, including food-preparation and catering classes.
8.
7189/10
Alojz
HAJŠEK
13/01/1964
18/12/2009
Since 24/04/2007
59,57 m²/17 (3,5 m²)
Since 02/07/2007 he has been working in the Pohorje Public Institute.
9.
7199/10
Mitja
JOVANOVIČ
15/05/1971
18/12/2009
Since 15/12/2008
59,57 m²/17 (3,5 m²)
32,39m²/4 (8,09 m²)
59,94m²/17 (3,53m²)
From 13/08/2009 to 07/07/2010 he attended work therapy sessions.
10.
7207/10
Dominik
JAVORNIK
21/07/1970
18/12/2009
Since 06/12/2006
58,94m²/15 (3,93m²)
58,94m²/17 (3,47m²)
From 19/03/2007 to 06/07/2009 he worked in the Pohorje Public Institute.
Since 01/09/2009 he has been included in the secondary education programme, including food-preparation and catering classes.
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