FIFTH SECTION
DECISION
Application no. 5704/10
Elvis LIVADIĆ against Slovenia
and 9 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 4 January 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 Elvis Livadić, Mr Niko Stariha, Mr Ðorđe Petrović, Mr Elvir Mukeljić, Mr Ivan Plečko, Mr Ivo Šolaja, Mr Nermin Lović, Mr Stanko Kolompar and Mr Roman Viličnik are Slovenian nationals. The applicant Mr Zoltan Varadi is a Slovakian national. 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 Slovakian Government, having been informed of their right to intervene in the case of Mr Varadi (Article 36 § 1 of the Convention and Rule 44 § 1 of the Rules of Court), stated in a letter of 13 May 2010 that they did not wish to avail themselves of that right.
The facts of the case, as submitted by the parties, may be summarised as follows.
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
Given that the present applications concern a similar subject-matter, the Court decides to join them (Rule 42 § 1 of the Rules of Court).
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.
5704/10
Elvis LIVADIĆ
07/08/1988
24/12/2009
Since 22/04/2009
59,25m²/15 (3,95m²)
32,39 m²/4 (8,1 m²)
59,89m²/14 (4,28 m²)
Since 18/10/2010 he has been working in the Pohorje Public Institute (agricultural activities and metalwork).
Since 21/08/2009 he has been included in the secondary education programme, including food-preparation and catering classes.
2.
5724/10
Niko STARIHA
01/12/1977
18/12/2009
From 15/06/2007 to 21/05/2010
59,89m²/16 (3,74m²)
14,91 m²/3 (4,97 m²)
For most of the time he worked in the Pohorje Public Institute. From 18/09/2008 he was included in the secondary education programme, including food-preparation classes.
3.
5728/10
Ðorđe
PETROVIĆ
05/05/1955
18/12/2009
From 28/03/2006 to 27/03/2010
59,25m²/14 (4,23 m²)
59,89 m²/16 (3,74 m²)
33,23 m²/5 (6,65 m²)
He attended work therapy sessions.
4.
5729/10
Elvir MUKELJIĆ
17/06/1978
18/12/2009
From 22/05/2008 to 21/01/2010
59,25 m²/15 (3,95 m²)
59,57 m²/17 (3,5 m²)
15,83 m²/3 (5,27 m²)
From 19/11/2009 he worked in the Pohorje Public Institute.
5.
5733/10
Ivan PLEČKO
13/08/1970
18/12/2009
Since 22/09/2008
59,57 m²/17 (3,5 m²)
59,89 m²/10 (5,99 m²)
Since 11/12/2008 he has been attending work therapy sessions.
6.
5749/10
Ivo ŠOLAJA
25/08/1956
18/12/2009
Since 26/03/2009
59,57 m²/17 (3,5 m²)
Since 11/01/2010 he has been working in the Pohorje Public Institute.
7.
5750/10
Zoltan VARADI
01/05/1985
24/12/2009
Since 06/03/2008
59,25 m²/15 (3,95 m²)
32,22 m² - 32,39 m²/4 (8,06 m² - 8,09 m²)
He worked in the Pohorje Public Institute.
8.
5753/10
Nermin LOVIĆ
21/03/1974
18/12/2009
Since 11/05/2007
59,25 m²/15 (3,95 m²)
15,83m²/4 (3,95m²)
17,93m²/4 (4,48 m²)
32,22 m²/4 (8,06 m²)
32,39 m²/4 (8,09 m²)
59,25 m²/14 (4,23 m²)
From 04/02/2008 to 22/09/2008 he worked in the Pohorje Public Institute. Since 29/07/2007 he has been included in the secondary education programme, including food-preparation and catering classes.
9.
5759/10
Stanko KOLOMPAR
13/07/1977
18/12/2009
From 03/02/2009 to 01/10/2010
59,25 m²/15 (3,95 m²)
From 31/08/2009 he worked in the prison kitchen
10.
5780/10
Roman VILIČNIK
18/02/1984
18/12/2009
Since 09/01/2009
59,89 m²/16 (3,74 m²)
20,89 m²/4 (5,22 m²)
Since 12/10/2009 he has been working in the Pohorje Public Institute.
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