Poles who complained of Maltese prison conditions, lose human rights case

The European Court of Human Rights found no violation of three Polish detainees in Malta’s prisons, who complained in particular that their detention conditions were inhuman and degrading.

But the Strasbourg court did find certain areas of concern with respect to some of the prison conditions at Corradino.

In their application to the European Court the applicants complained that the detention conditions in the sector hosting foreign detainees in the Corradino Correctional Facility in Paola were inadequate.

The applicants, Edward Story, Bartosz Goldzinski and Tomasz Przewlocki, are Polish nationals who were born in 1983, 1984, and 1974 respectively and are currently detained at CCF.

Story is currently in pre-trial detention on drug-related charges, while Goldzinski and Przewlocki are both serving a term of imprisonment, of nine and 12 years respectively, for drug-related offences.

They maintained that they are detained in very poor conditions and that the prison is overcrowded. In particular, amongst other things, they state that: there is insufficient ventilation in the cells; it is not possible to open the window in their respective cells (which they are occupying alone) without the help of others or only with difficulties; there is often no running water and the tap water is not of drinking quality; there is a lack of functioning showers and in winter often no hot water is available; and the bed sheets are never being changed. The applicants also maintain that they received insufficient medical care.

The Maltese government contested most of these allegations.

The Court noted at the outset that the applicants were not suffering from any particular health condition likely to make their detention more burdensome, nor had there been any deterioration of their physical or mental condition while they were in detention.

In fact, they were regularly visited by doctors and prescribed the relevant medical treatment.

As to the alleged lack of personal space, the applicants each had their own cell with individual sleeping place and there was no problem of overcrowding. It did not appear that the cells were particularly damp or mouldy, bearing in mind the particularly humid climate of the country. The windows and ventilators in the cells could supply enough light and ventilation.

In this regard, the Court reiterated that in the absence of any indications of overcrowding or malfunctioning of the ventilation system and artificial lighting, the negative impact of metal shutters did not, on its own, reach the threshold of severity required under Article 3.

Nevertheless, prison authorities had to ensure that all ventilators were fully functional in all cells and that detainees were supplied with the equipment needed to open and keep open high windows. While the lack of a heating or dehumidifying system was regrettable, the Court noted that detainees could request further blankets or warmer clothing, which the authorities were required to supply promptly.

The Court further noted that the toilet in the applicants’ cell was not separated from the living area and was not equipped with an automated flushing system. As water was not always readily available to enable flushing with a bucket, this raised hygiene concerns.

Further, the failure of the authorities to ensure a regular supply of both hot and cold water in the showers and to keep them in working order was unfortunate and the Court would remain vigilant in future cases in this respect.

Conversely, the availability and duration of outdoor exercise raised no particular concern as inmates were free to move around and access the exercise yard and other recreational facilities for more than 10 hours a day.

In sum, while the Court was concerned about a number of matters, it was not convinced that the overall conditions of detention, and the medical treatment received by the applicants, had subjected them to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention or that their health and well-being were not adequately protected.