Case Pugžlys v. Poland

Importance Nature Application Number Case language State Date (dd/mm/yyyy)
3 Judgement 446/10 English Poland 14/06/2016

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Pugžlys v. Poland - no. 446/10

Article 3

High security measures : violation


From 21 October 2003 to 25 July 2012, that is to say, for over eight years and nine months, the applicant was classified as a so‑called “dangerous detainee” and, in consequence, was subjected to high‑security measures and various restrictions. The measures applied in the applicant’s case comprised confinement in a special high-security prison wing and increased supervision of his movements inside and outside the cell, which meant that he had to wear so‑called “joined shackles” (handcuffs and fetters joined together with chains) whenever he was taken outside his cell. The measures involved his segregation from the prison community and restrictions on contact with his family. Also, every time he left or entered his cell he was routinely subjected to a “full strip search” – a thorough inspection of his body and clothes in which he was required to strip naked and make deep knee bends in order to enable an examination of his anus to be conducted. In addition, his cell, including the sanitary facilities, was constantly monitored via closed-circuit television. The Court cannot accept that the continued, routine and indiscriminate application of the full range of measures – cumulative effects – that were available to the authorities under the so-called “dangerous detainee” regime for almost nine years had been necessary in order to maintain prison security. There has accordingly been a violation of Article 3 of the Convention.