30 Jan Violation of Article 3 of the convention, inhumane and degrading treatment, Croatia

In the case of Vukusic v. Croatia (application no. 37522/16) the European Court of Human Rights found a violation of Article 3 (Inhuman and degrading treatment) of the European Convention of Human Rights.

Vukusic, who served time in Zagreb and Split prisons from May 28,2011 to March 27,2013, alleged physical assault by prison officers on January 18, 2012, resulting in loss of consciousness and head injury. To prevent further harm, he was placed in a specially secured “rubber cell”, two days later. The measure was repeatedly extended due to non- cooperation and threats until January 13, 2012, when he was transferred to the prison hospital. Upon return to the Split prison on February 17, 2012, Vukusic made threats to swallow certain objects, leading to his placement in a secure cell with handcuffs. This measure continued until he was transferred to Zagreb Prison. Despite filling complaints and seeking damages, his requests were denied by various legal entities in Croatia.

With regard to article 3, The ECHR found a violation of the Convention on the Protection of Human Rights and Fundamental Freedoms, citing inhuman conditions and unnecessary restraints in Zagreb and Split prisons. The court agreed that the prolonged stay appeared punitive, as the initial reasons for protection no longer applied. The use of restraints was also deemed unnecessary since the cell was already free of dangerous items.

References from the official website of the European Court of Human Rights