-38 accommodation, a strong presumption of a violation of Art 3 ECHR arises. This presumption of a violation can be rebutted by the Government only if the following factors are cumulatively met: • The reductions in the required minimum personal space of 3 square metres are short, occasional and minor; • Such reductions are accompanied by sufficient freedom of movement outside the cell and adequate out-of-cell activities; and • The applicant is confined in what is, when viewed generally, an appropriate detention facility, and there are no other aggravating aspects of the conditions of his or her detention. When the personal space is between 3 and 4 square metres and above, a violation of Article 3 will be found if that factor is coupled with other aspects of inappropriate physical conditions of detention (e.g. inadequacy in terms of access to outdoor exercise, natural light or air, ventilation, room temperature, the possibility of using the toilet in private and compliance with basic sanitary and hygiene requirements).62 In its role as a preventive monitoring body, the CPT has set higher standard than the European Convention on Human Rights (ECHR), recommending that 6m2 should be the minimum amount of living space for prisoners in single occupancy,63 and 10m2 per prisoner in case of multi-occupancy cells.64 The EPR also requires States to establish mechanisms and strategies for ensuring that these minimum requirements are not breached through overcrowding. To this extent, as highlighted by several international bodies, the importance of using deprivation of liberty as a measure of last resort is emphasised.65 62. ECtHR, Muršić v Croatia, No 7334/13, 20 October 2016, §§ 138-139 and in that judgment also the Partly Dissenting Opinion of Judges Sajó, López Guerra And Wojtyczek, Joint Partly Dissenting Opinion of Judges Lazarova Trajkovska, De Gaetano And Grozev and Partly Dissenting Opinion Of Judge Pinto De Albuquerque, with critical remarks on the majority decision; see also ECtHR, Ananyev and Others v Russia, No 42525/07 and 60800/08, 10 Junary 2012, §§ 149-159;ECtHR, Neshkov and Others v Bulgaria, No 36925/10, 21487/12, 72893/12, 73196/12, 77718/12 and 9717/13, 27 January 2015) §§ 233-243; see also ECtHR, Varga and Others v Hungary, No 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13, 10 March 2015, §§ 75-78. 63. CPT, ‘Living Space per Prisoner in Prison Establishments: CPT-Standards’ (2015) CPT/Inf (2015) 44. 64. Ibid. 65. EPR, Rule 18.4.