detention and that, given the practical demands of imprisonment, his health and
well-being are adequately secured by, among other things, providing him with the
requisite medical assistance.”372
The European Regional System
2
While it retains the power to make on-site visits, in its assessment of the conditions of detention the Court has increasingly come to rely on the reports of
the European Committee for the Prevention of Torture (CPT), the regional
visiting body established under the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment.373
Recently, the Court has extended its examination from the material conditions of detention to the underlying prison regime.374 The decision in Van der
Ven v the Netherlands demonstrates this new approach.375 The applicant was
held in a high-security prison, and the restrictions imposed in the high-security prison had provoked a deep, and medically confirmed, depression. He was
subjected to routine body searches, including anal searches, during weekly cell
inspections, and before and after open visits, and visits to the dentist or hairdresser. These searches were not in response to a concrete security need, and
did not result from the applicant’s conduct. Taking into consideration the fact
that the applicant was already subject to a large number of security measures,
KudBa v Poland, no. 30210/96, ECHR 2000-XI, judgement of 26 October 2000, §94. See also
Nevmerzhitsky v Ukraine (2005), op. cit.; McGlinchey and Others v UK, no. 50390/99, ECHR
2003-V, judgement of 29 April 2003; Kadiķis v Latvia, no. 62393/00, judgement of 4 May 2006;
Mamedova v Russia, no. 7064/05, judgement of 1 June 2006.
373
For example, in Aerts v Belgium the Court explicitly considered the report produced by the
CPT following its visit to the prison in question. The report severely criticised the conditions
of detention, noting that the standard of care fell below the minimum acceptable from an ethical and humanitarian viewpoint, and carried an undeniable risk of a deterioration of mental
health. Nonetheless, the Court held that, in that instance, there was insufficient evidence to
establish “conclusively” that the conditions resulted in suffering contrary to Article 3: Aerts v
Belguim (1998), op. cit., §§65–67. CPT reports were used to greater effect in Dougoz v Greece,
where it was found that the conditions in which the applicant was held while awaiting expulsion amounted to inhuman and degrading treatment. These conditions included significant
overcrowding, a lack of beds or bedding (some detainees were sleeping in corridors), insufficient sanitary facilities, and scarcity of food. Once again, the Court did not undertake its own
on-site visit, but instead relied upon a CPT report on the police station and detention centre in
question, which concluded that the accommodation and detention regime were unsuitable for
long periods of detention. The CPT had even felt it necessary to renew its visit to these places
of detention. The Court considered that this supported the claims advanced by the applicant,
and found a violation of Article 3: Dougoz v Greece, no. 40907/98, ECHR 2001-II, judgement of
6 March 2001. See also Peers v Greece (2001), op. cit.
374
This approach was developed notably in a series of cases against Italy. See, for example, Messina
v Italy, no. 25498/94, ECHR 1999-V, decision of 8 June 1999: Indelicato v Italy (2001), op. cit.;
Ganci v Italy, no. 41576/98, ECHR 2003-XI, judgement of 20 September 2001; and Bonura v
Italy, no. 57360/00, judgement of 30 May 2002.
375
Van der Ven v the Netherlands, no. 50901/99, ECHR 2003-II, judgement of 4 February 2003.
372
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