Европейский суд по правам человека
13 апреля 2010 года
Facts
The applicant, Mr. Charahili, was a Tunisian national who requested an asylum in Turkey. For more than a year, while his asylum application was pending before national courts, Mr. Charahili was held in a cell in the police station. The ventilation was inadequate in the cell, Mr. Charahili was completely isolated and there was no provision for outdoor exercise. During that time, he was examined by doctors in a public hospital several times. He was examined by an ophthalmologist, a dentist and a general practitioner in relation to his respiratory problems.
Complaint
Mr. Charahili claimed that the poor conditions in his cell amounted to a violation of Article 3 of the Convention and that the medical assistance provided for him during his detention had been insufficient.
Court's ruling
The Court emphasized that although immigration detainees may have to spend some time in ordinary police detention facilities, given that the conditions in such places may generally be inadequate for prolonged periods of detention, the period of time spent in such establishments should be kept to the absolute minimum.
Having regard to the inordinate length of time for which Mr. Charahili was detained at the police station and the allegations of inadequate conditions there on which the Government did not comment, the Court ruled that the conditions of detention of Mr. Charahili in the basement of the police station amounted to degrading treatment contrary to Article 3.
The Court found that Mr. Charahili had been examined by a doctor several times and a treatment had been prescribed for him every time. Given that the authorities ensured that he received sufficiently detailed medical examinations and that he was provided with appropriate treatment, the Court concluded that Mr. Charahili did have access to adequate medical assistance. It therefore ruled that this part of the application was manifestly ill‑founded and had to be rejected.