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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.
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