18208/19;12922/20

FIRST SECTION CASE OF KATANOVIĆ AND MIHOVILOVIĆ v. CROATIA (Applications nos. 18208/19 and 12922/20)           JUDGMENT   STRASBOURG 29 September 2022     This judgment is final but it may be subject to editorial revision.   In the case of Katanović and Mihovilović v. Croatia, The European Court of Human Rights (First Section), sitting as a Committee composed of: Krzysztof Wojtyczek, President, Erik Wennerström, Lorraine Schembri Orland, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 8 September 2022, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Croatian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of the applicants, of their representatives and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the inadequate conditions of their detention. THE LAW JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 6.  The applicants complained of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows: Article 3 “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 7.  The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012). 8.  In the leading cases of Muršić, cited above, §§ 69-73 and 91-173, and Ulemek v. Croatia, no. 21613/16, §§ 71-120 and 126-46, 31 October 2019, the Court already found a violation in respect of issues similar to those in the present case. 9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate. 10.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention. APPLICATION OF ARTICLE 41 OF THE CONVENTION 11.  Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” 12.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Muršić, cited above, § 181, and Ulemek, cited above, § 162), the Court considers it reasonable to award the sums indicated in the appended table. 13.  The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the applications admissible; Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention; Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 29 September 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Krzysztof Wojtyczek  Acting Deputy Registrar President       APPENDIX List of applications raising complaints under Article 3 of the Convention (inadequate conditions of detention) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Facility Start and end date Duration Sq. m per inmate Specific grievances Amount awarded for non-pecuniary damage per applicant (in euros)[1] Amount awarded for costs and expenses per application (in euros)[2]     18208/19 26/03/2019 Vedran KATANOVIĆ Horvat Lidija Zagreb Zagreb Prison 09/05/2011 to 09/06/2011 1 month and 1 day between 2.44 and 2.61 m² overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack of fresh air, no or restricted access to shower 1,400     12922/20 06/03/2020 Stjepan MIHOVILOVIĆ Zdilar Hrvoje Zagreb Lepoglava State Prison 15/10/2012 to 05/12/2012 1 month and 21 days (solitary confinement)   Lepoglava State Prison 06/12/2012 to 10/02/2013 2 months and 5 days   Lepoglava State Prison 11/02/2013 to 15/10/2013 8 months and 5 days 3.5 m²           3.35 m²         between 1.95 and 2.75 m² lack of or insufficient electric light, no or restricted access to shower         overcrowding, lack of or insufficient electric light, no or restricted access to shower       overcrowding, lack of or insufficient electric light, no or restricted access to shower 5,400   [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.