Case Klibisz v. Poland

Importance Nature Application Number Case language State Date (dd/mm/yyyy)
3 Judgement 2235/02 English Poland 14/06/2016

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Klibisz v. Poland - 2235/02

Article 3

High security measures : violation

The applicant complained under Article 3 of the Convention in particular that the imposition of the high-security regime in 2004 and 2010, entailing his solitary confinement, strip searches and surveillance, constituted inhuman and degrading treatment. During the total period of over five or six months, the applicant was committed to solitary cells.

The Court explained it cannot accept that the continued and indiscriminate application of the full range of measures that were available to the authorities under the regime for “prisoners posing a serious threat to society and the security of a prison” for up to more than ten months in 2004 and for three months in 2010, was necessary for maintaining prison security and compatible with Article 3 of the Convention. In particular, it considered that the negative psychological and emotional effects of the applicant’s social isolation, even if not complete, were aggravated by the routine application of other special security measures, in particular the strip searches

Taking into account the cumulative effect of the “dangerous detainee” regime on the applicant, the Court found that the authorities did not provide sufficient and relevant reasons which could justify, in the circumstances of the case, the severity of the measures taken. In particular, the authorities failed to show that the impugned measures were necessary in their entirety to attain the legitimate aim of ensuring prison security (§ 326). There has accordingly been a violation of Article 3 of the Convention (§ 327).