–6–
Conclusion
24.
This document seeks to provide guidelines to practitioners and other interested parties, by
clearly stating the CPT’s minimum standards regarding living space for prisoner(s) in a given cell.
Ultimately, it is for the courts to decide whether a particular person has experienced suffering that
has reached the threshold of inhuman or degrading treatment within the meaning of Article 3 of the
ECHR, taking into account all kinds of factors, including the individual’s personal constitution. The
number of square metres available per person is but one factor, albeit often a very significant or
even decisive one.
25.
Conditions where inmates are left with less than 4m² per person in multiple-occupancy cells,
or single cells measuring less than 6m² (both excluding a sanitary annexe) have consistently been
criticised by the CPT, and authorities have regularly been called upon to enlarge (or withdraw from
service) single cells or reduce the number of inmates in multiple-occupancy cells. The CPT expects
that these minimum living space standards will be systematically applied in all prison
establishments in Council of Europe member states, and hopes that more and more countries will
strive to meet the CPT’s “desirable” standards for multiple-occupancy cells.