The minimum standard recommended to Council of Europe countries by the European Committee for the prevention of torture and inhuman and degrading treatment or punishment (CPT)  is at least 4 m2 in single-person cells and  6 m2 in multi-occupancy cells, not including the cell’s sanitary areas96. CPT standards are taken into consideration by the European Court of Human Rights in Strasbourg97 while assessing possible violation by a given state of Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (prohibition of torture)98. ECHR If a prisoner in a cell has less than 3 m2 to his/her disposal there occurs a strong presumption of the violation of Article 3 of the Convention. In case of living space amounting to 3-4 m2 - space factor remains a significant aspect considered by the Court when evaluating the adequacy of detention conditions99. Why is solving the problem of overcrowding in cells so important? Having served their sentences, prisoners will be released and the conditions in which they were serving their sentences will have impact on their rehabilitation and future relations with others100. • Such small space in a cell fails to ensure even a minimum level of privacy, it becomes the source of frustration, mental suffering, conflicts and violence. • In such conditions it is hugely difficult for the Prison Service to ensure safety to prisoners. Cf. Living space per prisoner in prison establishments: CPT standards, CPT/Inf (2015) 44; 26th CPT General Report, CPT/Inf (2017) 5, Art. 56. 97 Judgement Muršić v. Croatia of 20 October 2016 [Grand Chamber], application no. 7334/13; Judgement Orchowski v. Poland of 22 October 2009, application no. 17885/04; Judgement Sikorski v. Poland of 22 October 2009, application no. 17599/05. 98 The Convention on the Protection of Human Rights and Fundamental Freedoms drawn up in Rome on 4 November 1950 (Dz. U. of 1993, no. 61, item 284). 99 Judgement Muršić v. Croatia of 20 October 2016 [Great Chamber], application no. 7334/13. 100 Cf. CHR’s General Intervention of 24.05.2016  and  29.07.2016 to the Minister of Justice, KMP.571.5.2016.RK. 96 60 PART III - situation in places of detention