Degrading conditions of detention

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Kehayov v Bulgaria (Appl. Nos 41035/98 36925/10)

Briefed on: 5 March 2018

This group of cases concerns inhuman and degrading treatment of the applicants in penitentiary facilities between 1996 and 2016, in particular owing to overcrowding, poor sanitary and material conditions, limited possibilities for out-of-cell activities, inadequate medical care and prolonged application of a restrictive penitentiary regime, in respect of accused or convicted persons, combined with the effects of inadequate material conditions (violations of Article 3). In certain cases, the Court also found that there was no preventive remedy and that there were various shortcomings in the functioning of the domestic compensatory remedy (violations of Article 13).

Ms Katchaounova, Legal Programme Director at the Bulgarian Helsinki Committee, underlined that, whilst one could witness some improvement of living conditions in some prisons and prison hostels, there was still need for renovation in prisons buildings. Similarly, conditions in investigative detention facilities remained problematic, she said. As far as the legal remedy is concerned, Ms Katchaounova underlined the progress made through the 2017 Act which amended Article 3 of the Execution of Punishments and Pre-Trial Detention Act, noting however that it was too early to estimate the effectiveness of these dedicated preventive and compensatory remedies.