Case Žirovnický v. The Czech Republic

Importance Nature Application Number Case language State Date (dd/mm/yyyy)
3 Decison 60439/12 and 73999/12 English Czech Republic 15/11/2016

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Žirovnický v. The Czech Republic - nos.  60439/12 and 73999/12

Article 3

Non exhaustion of effective remedies in respect of inappropriate detention conditions : inadmissible

The applicant who had been serving his sentence since 2001 complained about his detention conditions in several Czech prison, particularly on account of exposure to passive smoking and overcrowding.

The Court declared the application inadmissible. It found that the applicant had not exhausted the domestic remedies available to him.

As regards preventive remedies: the Court took the view that the complaint to a public prosecutor together with the possibility of applying to the Constitutional Court constituted under Czech law effective remedies to be exhausted for prisoners alleging that they were being held in unsatisfactory conditions of detention. The applicant had never complained about the material conditions of his detention to the Constitutional Court.

As regards compensatory remedies: the Court observed that other examples of decisions by Czech domestic courts confirmed that the remedies used by the applicant could, if appropriate, result in compensation for damage suffered due to inappropriate detention conditions. Therefore, in spite of the length of the proceedings (due to the complexity of the case and the applicant’s willing to attend all the hearings, §90) the Court did not find these remedies ineffective. Furthermore, the applicant had used a remedy entitling him to compensation for the length of the proceedings.

In view of the foregoing, the Court found that the applicant had not exhausted domestic remedies, given that the preventive remedies had not been duly used and that the compensatory remedies were still pending.