(Prisons – Conditions)
European Court of Human Rights
15 June 2006
Facts
The applicant, Mr. Moisejevs, was detained on remand in the investigative prison. During his transfers to the court hearings he was not given proper lunch. He was given simple breakfast early in the morning and supper late in the evening after his return to prison. In the court house he was usually given one piece of bread, an onion and a piece of baked fish. If he was returned to prison after supper, he was given only a bun of bread.
Complaint
Mr. Moisejevs complained that due to the lack of food he had been subjected to inhuman and degrading treatment in violation of Article 3 of the Convention.
Court's ruling
The Court reminded that the state is under an obligation to ensure that prisoner’s health and well-being is adequately secured, by, among other things, feeding him properly. The Court concluded that the meal given to Mr. Moisejevs during the transfers was clearly insufficient to meet the body’s needs, especially in view of the fact that participation in the hearings could cause additional stress. The Court also took note of the fact that the applicant also sometimes didn’t receive proper diner, the Court concluded that Mr. Moisejevs had regularly suffered from hunger on the days of the hearings. The Court considered that the suffering experienced by Mr. Moisejevs exceeded the minimum level of severity required by Article 3 and had therefore amounted to “degrading treatment”.