5.  The applicant was born in 1957 and lives in Novyy, Tatarstan Republic, Russia. 6.  The domestic authorities opened a criminal investigation in relation to the murder of G. committed on 7 September 2002. The applicant’s husband, Zhavdet Khayrullin, was identified in the course of the investigation as a possible eyewitness. A certain Mr V. was a suspect. 7.  On 13 September 2002 the applicant’s husband was taken to Tukayevskiy police station. The exact timing of this, various other circumstances, and the legal grounds and reasons for his detention were the subject of conflicting accounts at domestic level (see, for instance, paragraphs 8 and 23 below). 8.  It is apparent from a copy of the police logbook submitted by the applicant that her late husband was taken to the police station by officers Ag. and Na. at around 1 p.m., according to the record, for the purpose of verifying his identity; this verification was completed and he was released at 1.30 p.m. It is also apparent from the evidential material that between 4.15 and 4.45 p.m. the applicant’s husband was in an office, apparently on the fifth floor, where he was interviewed by investigator R. According to the material in the case file record, the applicant’s husband stated during the interview that he and V. had left the house of victim G. after drinking vodka together. Subsequent to this interview, for unspecified reasons the applicant’s husband was interviewed again, this time by field officer (оперуполномоченный) Kh., and made a written statement affirming that V. had punched G. during a quarrel. It appears that the applicant’s husband was thereupon required to come for another interview on 14 September 2002. 9.  On the same date, 13 September 2002, V. was taken to the police station and made a spontaneous confession regarding the murder. According to the applicant, V. heard the applicant’s husband screaming (allegedly in pain) in the neighbouring room during the evening of 13 September 2002 (however, for V.’s amended statement in 2010, see paragraph 38 below). 10.  According to the applicant, V. had been beaten up and ill-treated whilst at the police station, in particular by suffocation inflicted through the application of a gas mask. 11.  According to the authorities, the applicant’s husband left Kh.’s office at 8 p.m. and attempted to commit suicide on a balcony located on the fifth floor of the police station. The same evening he was found unconscious and was admitted to hospital. 12.  On an unspecified date a pre-investigation inquiry was opened in relation to the above events (see also paragraph 16 below), apparently within the framework of the investigation into G.’s murder (see paragraph 6 above). According to the applicant, during this inquiry investigative measures were carried out by unspecified officers from Tukayevskiy police station. 13.  Officer Kh. stated during the inquiry that he had collected a statement from the applicant’s husband and had seen him leave his office at 8 p.m. Soon thereafter Kh. had left for home. 14.  Ga., the deputy chief officer of the police station, stated that after hearing some noise and seeing officers on the fifth floor balcony, he had gone there and had seen Officers F., Va. and Kha. providing medical assistance to an unconscious man. 15.  It also appears that Gar., another deputy chief officer, carried out an internal inquiry and concluded that no official had committed any offence. 16.  On 21 September 2002, referring to the ongoing murder investigation into G.’s death (see paragraph 6 above), an assistant to the district prosecutor issued a decision not to initiate criminal proceedings against any officers on account of Mr Khayrullin’s attempted suicide or incitement to suicide. Having summarised the above testimonies and referring to the conclusions of the internal inquiry, the assistant to the prosecutor concluded that no criminal offence had been committed. 17.  This decision was annulled by the higher prosecutor and the inquiry was reassigned to another investigator. 18.  On 13 December 2002 the applicant’s husband died, apparently without ever regaining consciousness. On the same day the investigator commissioned a forensic medical examination of the victim’s body. The expert was asked to clarify the cause of death, to identify any injuries and to specify their origin, in particular whether they had been sustained before death and whether they were linked to his subsequent death, and whether the victim could have continued to be active after the injuries. 19.  According to the autopsy report issued on 17 January 2003, the victim died of asphyxia resulting from strangulation. 20.  On 3 February 2003 the district prosecutor issued an order for the opening of a criminal investigation into an offence under Article 286 § 3 of the Criminal Code (actions committed by a public official manifestly outside the scope of his powers, causing significant damage to a person’s rights and freedoms, and entailing serious consequences). In his order the prosecutor stated, inter alia, that “acting manifestly beyond the scope of their powers, unspecified officers unlawfully placed [the victim] in an interrogation room”. The criminal investigation was opened against unspecified officers, and was then assigned to investigator R. 21.  The investigator interviewed paramedic A., who stated that upon arrival at the police station he and his colleagues had been taken to a detention cell; one of the officers explained to him that during a routine check of cells they had had difficulty opening the door of one of the cells and had discovered that it was blocked by the body of an unconscious detainee with a jacket tied around his neck; he had not seen any injuries on the visible part of the body, only on the neck. A similar statement was made by paramedics Zh. and Gi. A reanimation medical professional B. stated that the victim had had no other visible injuries. 22.  The investigator also questioned the victim’s son. The latter had received a telephone call from the victim on the evening of 13 September 2002 in which his father had told him that he was to be interviewed and would be let go next morning. On arriving at the police station the next day, he had been told that his father would be released in the afternoon. 23.  Field officers Na. and Ag. told the investigator that, while on patrol checking permits for firearms, they had spotted the applicant’s husband, who had looked suspicious. They had therefore taken him to the police station to check his identity; having checked it, this person had been allowed to leave the police station. 24.  According to Officer F., the victim was found sitting on the floor with his back against the balcony bars, with one part of his jacket tied around his neck and the other attached to the balcony bars. 25.  On 3 May 2003 investigator R. issued a decision discontinuing the criminal investigation for absence of any criminal event, while noting that “unidentified officers from the police station had manifestly exceeded their powers when placing [the victim] in an investigation room”. Having listed the summaries of various testimonies mentioned above, the investigator concluded that the victim had attempted suicide. 26.  On 20 June 2003 the district prosecutor ordered that the investigation was to be continued in order to examine the instructions relating to the placement of detainees in designated rooms or cells, to determine who exactly had placed the victim in the cell or investigation room, and who had opened the doors. It was also to deal with contradictory statements made by the officers Na. and Ag., on one hand, and by other officers and the victim’s relatives on the other. It was also to properly examine the testimonies given by the paramedics, in particular as regards the place where the victim had been discovered. 27.  It appears that the criminal investigation was reassigned to another investigator, I., who suspended it on 20 July 2003. On 22 July 2003 the regional deputy prosecutor issued an order requesting further investigation and on 23 July 2003 the acting district prosecutor quashed the suspension and ordered the investigation to be continued. 28.  On 23 August 2003 investigator R. issued a decision discontinuing the criminal investigation in terms that were similar to the decision of 3 May 2003. On 12 September 2003 the district prosecutor stated that the requirements made on 22 July 2003 had not been complied with, and that the investigation must be continued. 29.  On 12 October 2003 investigator I. issued a decision to discontinue the criminal investigation. 30.  On 10 November 2003 the deputy regional prosecutor quashed this decision, finding that (i) it remained necessary to interview officer F. again and to give a more detailed assessment of the circumstances in which the victim’s body had been discovered by this officer. In particular, it was important to clarify whether the officer had seen the victim in the state of strangulation, what was the body’s position, where the “noose” had been and who had removed it, and (ii) it was necessary to interview V. who allegedly heard the victim screaming, to interview the victim’s next of kin in relation to the circumstances in which the victim had been apprehended and taken to the police station, and in particular to interview the victim’s wife, who had allegedly seen signs of bleeding around the victim’s wrists resulting from the use of handcuffs. 31.  A fresh discontinuation decision was issued by the investigator on 10 December 2003. 32.  This decision was subsequently quashed and other similar decisions were issued and quashed on several occasions. For instance, on 10 December 2008 an investigator issued a decision to discontinue the criminal case, concluding that the applicant’s husband had attempted to commit suicide. 33.  On an unspecified date, the investigating officer asked expert Va., who had issued the report of 17 January 2003 (see paragraph 19 above) to express his opinion. Expert Va. stated that the constriction mark on the victim’s neck could have been caused by soft pressure such a fabric jacket. Various types of mechanical asphyxia such as hanging or asphyxia in an enclosed space (by way of placing a gas mask a person’s head) entail the same pathological process arising from a sudden insufficiency of oxygen inflow into blood and tissues. 34.  On 28 January 2010 the investigator issued a decision to discontinue the criminal case because of the absence of a criminal event. 35.  The applicant sought judicial review of the discontinuation decision. On 10 June 2010 the Tukayevskiy District Court of the Tatarstan Republic allowed her complaint. On 10 June 2010 the Regional Court upheld the judgment. 36.  On 25 August 2010 the decision of 28 January 2010 was revoked and the investigation was resumed. 37.  A new refusal was issued on 25 September 2010. It was quashed on 1 November 2010 because the circumstances in which the victim had been taken to the police station and possible reasons leading to the attempted suicide had not been clarified. 38.  On 23 November 2010 the most recent discontinuation decision was issued, which read as follows:
“On 13 September 2002 Khayrullin was taken to the police station for questioning as a witness. During an interview he stated that he and V. had gone to G.’s home, where they had consumed vodka and had then left.
Khayrullin was then interviewed by field officer Kh. and stated that V. had struck several blows to G.’s face and had then run away. Khayrullin was required to attend a further interview and then left room no. 514 ...
It is apparent from the report of the medical expert that Khayrullin’s death was caused by a post-strangulation condition which had been caused by the squeezing of the neck by some kind of noose; this condition had been aggravated by an impact adversely affecting brain function. The medical documents show no indication of any bodily injuries when he was admitted to the hospital.
Paramedics A., Zh. and Gi. stated during their interviews that no bodily injuries (except for a faint, non-continuous strangulation mark on his neck) had been identified on the victim’s body when they attended to him in the police station.
Officer F. stated during his interview that around 11 p.m. on 13 September 2002 he had gone out to the balcony on the fifth floor for a smoke and had seen the victim sitting on the floor with his back to the railing; his neck had been encircled by a jacket, with a part of it being fixed to the railing. He had detached the jacket and had started to provide first aid to the victim. He had also alerted the duty-officers of the police station and had then helped to take the victim to the first floor. The victim had then been examined by a medical professional before being taken to hospital.
An investigative re-enactment was carried out on the basis of the above information. Medical expert Va. was interviewed in this connection and confirmed that it would have been possible for the hanging and the strangulation marks to have been created in the circumstances described by F.
Interviews were carried out with those police officers at the police station who had talked to the victim on 13 September 2002. They stated that ... the victim had been interviewed by the investigator; no questioning had been carried out prior to that ...
According to the expert reports and Va.’s statement during an interview, the strangulation mark could have been caused by the pressure of a soft “noose” such as might be left, for instance, by a jacket. Moreover, for other types of mechanical asphyxia, including hanging or asphyxia in a limited space (as by means of applying a gas mask) the same life-threatening pathological process occurs, which is caused by a sudden insufficiency of oxygen in the blood and tissues ...
Mrs Khayrullina stated that at 8 p.m. on 13 September 2002 she had received a telephone call from her husband who told her he would come home. His voice had been calm and cheerful.
Mr V. stated that around 8 p.m. he had been kept in one of the rooms on the fifth floor; he had heard the victim in a neighbouring room speaking indistinctly; there had been no screaming or any suspicious noise ...
In view of the above, all possible investigative measures have been completed ...
It is not possible to carry out expert examination of samples collected from the balcony or the jacket because [they] were lost ...
According to an additional medical report by an expert, a strangulation mark is produced by the pressure of some kind of “noose” on the neck; one can speak about the pressure by a soft “noose”, for instance made by a jacket such as the one given to the expert; in normal circumstances a gas mask the size of a person’s head would not exert excessive pressure on the neck and would not leave a strangulation mark ...
According to a further expert report dated 13 September 2010, the absence of macroscopic indications of mechanical asphyxiation in the available material means the cause of death cannot be determined, in particular whether it could have resulted from asphyxia following a hanging or the blocking of the airflow by an object ...
Furthermore, there were four forensic reports dated 14 December 2002, 17 January 2003, 4 December 2003 and 5 December 2004. None of them indicated any other bodily injuries.
There is thus insufficient evidence to consider that any official of the police station abused his or her power or acted in a manner pushing the victim to attempt suicide.
The available medical documents do not specify whether the victim had any bodily injuries when admitted for treatment to the hospital.” 39.  The applicant brought civil proceedings claiming 1,500,000 Russian roubles (RUB) by way of compensation in connection with the unlawful arrest and detention of her late husband in the police station and his subsequent death following his ill-treatment at the police station. 40.  By a judgment of 5 December 2008 the Novo-Savinovskiy District Court of Kazan awarded her RUB 250,000 (equivalent to 7,066 euros (EUR) at the material time) against the Federal Ministry of Finance. Retracing the procedural history of the pre-investigation inquiry and the criminal investigation, the court held as follows:
“The court has established that Mr Khayrullin’s body was discovered at the police station after he had been taken there for questioning as a witness and that he had been unlawfully placed in an investigation room of the police station. The above has been confirmed by the investigating authority. As noted in the decision of 13 September 2002, unspecified officials of the police station had acted manifestly outside their powers when placing Mr Khayrullin in an investigation room.
On the same day Mr Khayrillin attempted to commit suicide by hanging himself in the investigation room.
In contrast to this finding, according to the decision of 10 December 2002 setting aside the refusal to prosecute, it was noted that the victim had been discovered on the balcony on the fifth floor. Neither of the above decisions contains any explanation about the change in the circumstances in which the victim had been discovered ... At the same time, the refusal to prosecute dated 10 December 2003 clearly indicates as an established fact that Mr Khayrullin had attempted suicide at the balcony of the fifth floor ...
It is apparent from the available material that a criminal investigation was opened under Article 286 of the Criminal Code in respect of unidentified officials; this legal classification has not been changed since 2002; the investigation is ongoing.
Since the investigation is ongoing, this court − dealing with a civil case as it is − has no competence to question whether the legal classification is appropriate or whether there is a corpus delicti. However, this court finds it established that the damage to Mr Khayrullin’s health was caused on the premises of the police station.
This conclusion is based on the facts established in the present case, irrespective of the prosecutor’s office’s findings regarding the place where the body was discovered; the circumstances relating to his presence in the police station (that is his being taken there for questioning as a witness) remain unchanged ...
The court therefore finds it established that on 13 September 2002 Mr Khayrullin sustained injuries in the police station, entailing his death ...
The court considers that the grave consequences (Mr Khayrullin’s death) ensued as a result of unlawful actions on the part of public officials at the police station ...
As stated by the European Court in the case of Sheydayev v. Russia (application no. 65859/01, 7 December 2006), the national authorities are responsible for ensuring the physical inviolability of detained persons. Where a person was placed in custody in good health and had injuries when released, the national authorities must provide a plausible explanation for the injuries ...
The court accepts the claimant’s argument that the harm was caused by unlawful actions on the part of public officials at the police station ... Thus, the court finds it appropriate to grant the claim in respect of non-pecuniary damage ...
The matters relating to the unlawful arrest and the ineffective investigation cannot form a basis for compensation in respect of non-pecuniary damage ... The court has not established that the mere arrest of Mr Khayrullin on 13 September 2002 entailed a violation of the claimant’s non-material rights or interests; any eventual violation might relate to Mr Khayrullin ...
The court considers that the suspension and resumption of the criminal investigation are legitimate procedural actions and thus, even if multiple, do not entail a conclusion of unlawfulness on the part of public officials ... The prosecution period for the offence under Article 286 of the Criminal Code has not yet expired. The court dismisses the claimant’s argument that non-pecuniary damage was caused by the ineffective investigation ...” 41.  The Ministry of Finance and the applicant appealed. The applicant argued that the first-instance judgment’s conclusion regarding her standing to seek compensation in relation to Mr Khayrullin’s arrest contradicted the Court’s case-law (Imakayeva v. Russia, no. 7615/02, ECHR 2006‑XIII (extracts), and Akhmadova and Sadulayeva v. Russia, no. 40464/02, 10 May 2007). It was acceptable for the next of kin of a deceased person to lodge a complaint under Article 5 of the Convention about that person’s deprivation of liberty; the Court has awarded next of kin just satisfaction in respect of non-pecuniary damage sustained in relation to such deprivation of liberty. Moreover, it was open to next of kin to lodge a complaint under Article 3 of the Convention on the basis of their own suffering in relation to events relating to a relative who had died or disappeared in suspicious circumstances engaging the responsibility of the State. The applicant also argued that the award of RUB 250,000 was manifestly insufficient in view of the first-instance court’s findings relating to the responsibility of public officials in relation to Mr Khayrullin’s death. At the same time, the trial court did not adduce sufficient reasons for dismissing her monetary claim in relation to her argument about the ineffective investigation into her late husband’s death. 42.  On 22 January 2009 the Supreme Court of the Tatarstan Republic upheld the judgment. The appellate court held as follows:
“When granting the claims in relation to the injuries sustained by the victim, the trial court rightly proceeded from the understanding that the injuries had been sustained in the police station on 13 September 2002 because the case file materials confirmed that public officials had committed actions exceeding their powers ...
Thus, as a result of actions on the part of public officials, the claimant had sustained psychological suffering on account of the death of a person close to her ...
When dismissing the remainder of the claim, the trial court rightly proceeded from the understanding that there was no evidence that the claimant had sustained psychological suffering on account of the ineffective investigation ... The investigation is ongoing; at present there is no criminal court judgment in respect of the officials at the police station. Moreover, their actions in relation to the arrest of the victim did not in any event impinge upon the claimant’s non-material rights or interests.” 43.  The applicant received the judicial award on 20 April 2009.


4.  The applicant was born in 1966 and lives in Morozivka. 5.  On 20 September 2007 the applicant, who was head of the Brusyliv District State Administration of Zhytomyr Region at the time, was arrested on charges of bribery. 6.  On 21 September 2007 the investigator applied to the court for the applicant’s pre-trial detention as a preventive measure pending trial. The application indicated that the applicant had been accused with a serious crime punished up to twelve years’ imprisonment, and that he could try to abscond from justice, obstruct the investigation, and continue his criminal activities. On the same day the Pechersk District Court of Kyiv ordered the applicant’s pre-trial detention. The court reiterated the reasons mentioned in the investigator’s application without providing further details in that regard. 7.  In the course of the pre-trial investigation the applicant’s detention was extended a number of times, including on 15 November 2007, 17 January 2008 and 19 March 2008. The reasons for extending the applicant’s detention were the need to take additional investigative and procedural steps and the fact that there were no grounds to change the preventive measure. No further details were provided in that regard. 8.  On 19 May, 17 June, 26 June, 29 July and 7 August 2008 the courts further extended the applicant’s pre-trial detention, basing their decisions, in addition to the previously mentioned grounds (see paragraph 7 above), on the need for him to familiarise himself with the case file. 9.  In the course of reviewing the extension of his detention on 24 September 2007, 8 January, 19 March and 7 August 2008, the applicant raised objections arguing, in particular, that his state of health had been unsatisfactory, that he had a stable family relationship, and that he had not absconded from justice. It appears from the relevant decisions that his arguments were not addressed by the courts. 10.  On 3 October 2008 the Malyn District Court of Zhytomyr Region (“the trial court”) committed the applicant for trial. The trial court maintained the custodial preventive measure, providing no reasons for that decision and setting no time-limit. 11.  In the course of the trial the applicant applied eleven times to change the preventive measure to a non-custodial one. He stated that his state of health had been unsatisfactory, that his relatives were ready to make the necessary payment of bail, and that a number of individuals, including a member of parliament and State officials, had provided personal guarantees securing his presence during the trial. The trial court rejected those requests, giving similar reasons to those given at the initial stage (see paragraph 6 above). The court further stated that the applicant had been provided with the necessary medical treatment in detention and that his state of health did not warrant his release. 12.  On 16 July 2010 the court found the applicant guilty of bribery and sentenced him to nine years’ imprisonment, confiscated half of his property and banned him from occupying posts in State bodies and local authorities for three years. On 1 December 2010 and 19 May 2011 respectively the Zhytomyr Regional Court of Appeal and the Higher Specialised Court for Civil and Criminal Matters upheld that judgment with minor amendments. 13.  According to the material in the case file, the applicant has suffered from varicose dilatation (варикозне розширення вен) since 1980. According to the Government, the applicant was diagnosed with varicose dilatation of the lower limbs as early as in 1984. 14.  On 18 October 2007 the applicant was placed in the Kyiv pre-trial detention centre (“the SIZO”). In the course of the criminal proceedings the applicant was transferred between different detention facilities. 15.  It was concluded in a forensic examination carried out on 16 January 2008 at the request of the investigator that the applicant had a number of endocrine, heart, venous, neurologic, and digestive conditions. In particular, he was diagnosed with varicose dilatation of the lower limbs and chronic venous insufficiency of the lower limbs with trophic disorders. The forensic experts concluded that the applicant required elective surgery in respect of the varicose dilatation, and outpatient treatment in respect of the other conditions. 16.  Overall, in the course of his detention the applicant was recommended surgery six times in respect of the varicose dilatation, on 16 January 2008, 5 May 2008, 23 October 2008, 18 March 2009, 22 July 2009 and 18 March 2010. 17.  On 8 April 2009 the applicant was recognised as falling into the “third category” (the mildest category) of disability (третя група інвалідності). 18.  On 22 April 2009 the SIZO informed the applicant’s lawyer that he had been diagnosed with varicose dilatation of the lower limbs, third degree chronic venous insufficiency of the lower left limb, second degree chronic venous insufficiency of the lower right limb, hypothalamic dysfunction, impaired glucose tolerance, first degree diffuse non-toxic goiter (an enlarged thyroid) and a chronic trophic ulcer on the left shin. It was specified that the recommended surgical treatment in respect of the varicose dilatation was not available in the SIZO. 19.  On 12 October and 19 November 2009 the SIZO issued another reply to the applicant’s lawyer, stating that it had been recommended that the applicant undergo surgical treatment in respect of his progressing varicose dilatation. This type of treatment could not be carried out within the SIZO, and its medical staff were not in a position to foresee the consequences of the refusal to provide him with surgical treatment. 20.  On 15 February 2013 the applicant consulted a specialist in therapeutics, who recommended that he undergo further examination and treatment at a medical facility within the penal system. On 18 February 2013 the applicant refused that offer, insisting that he needed highly qualified medical assistance in specialist civilian medical institutions. 21.  There is no information in the case file regarding whether the applicant received any medical care after the above-mentioned refusal. 22.  On 18 November 2013 the applicant was dispensed from serving the remainder of his sentence pursuant to a decision of the local court of 8 November 2013 altering his imprisonment to correctional labour. 23.  On 28 November 2013 the applicant underwent surgery on his lower limbs. 24.  On 20 January 2014 he was recognised as falling into the “second category” (more advanced category) of disability (друга група інвалідності). 25.  According to the available information, from November 2007 to February 2013 the applicant consulted a surgeon thirteen times in respect of the varicose dilatation. Outpatient medical treatment was prescribed to him. From 21 March to 5 May and from 23 October to 17 November 2008 he underwent outpatient medical treatment both within the SIZO and at a civilian hospital.


5.  The applicant was born in 1963 and lives in Nova Pazova. 6.  From 1991 until 2001 the applicant lived with M.K. The couple had two children, a daughter, J.G., born on 20 January 1992 and a son, M.G., born on 28 July 1994. 7.  M.G. has a moderate intellectual disability. 8.  By a decision of the Stara Pazova Social Care Centre (“the Social Care Centre”) of 9 January 2001, custody of the children was given to M.K. By the same decision the applicant was given contact with the children every other weekend from 6 p.m. on Friday to 6 p.m. on Sunday and during the first half of the summer and winter school holidays. The decision provided that the applicant had to collect and return the children outside M.K.’s family home. 9.  On 30 June 2005 the Social Care Centre suspended the enforcement of the decision of 9 January 2001 at the applicant’s request, as he intended to assert his parental rights in judicial proceedings. 10.  On 11 August 2005 the applicant applied to the Stara Pazova Municipal Court for sole custody of the children. 11.  On 27 December 2005 the Stara Pazova Municipal Court issued an interim contact order giving the applicant contact with the children every other weekend from 6 p.m. on Friday to 6 p.m. on Sunday and during the first half of the summer and winter school holidays. The order was to remain in force until the final resolution of the custody proceedings. 12.  On 2 February 2006 the interim contact order was upheld by the Sremska Mitrovica District Court (“the District Court”). 13.  On 11 September 2008 the Stara Pazova Municipal Court decided that the applicant’s civil claim had to be considered withdrawn because neither he nor M.K. had given valid reasons for their failure to attend the main hearing that day. On 11 December 2008 the District Court upheld that decision. 14.  On 17 October 2011 the Sremska Mitrovica Basic Court Stara Pazova Judicial Unit (the Stara Pazova Municipal Court having ceased to exist following the 2010 judicial reform – hereinafter “the Sremska Mitrovica Basic Court”) revoked the interim contact order of 27 December 2005 given that the custody proceedings had terminated on 11 December 2008. The applicant was ordered to pay 30,625 dinars (approximately 257 euros (EUR)) to M.K. in legal costs together with statutory interest. That decision became final on 10 November 2011. 15.  On 18 January 2006, at the applicant’s request, the Stara Pazova Municipal Court ordered enforcement of the interim contact order (see paragraph 11 above) by a court bailiff. The enforcement order was upheld by the District Court on 17 March 2006. 16.  On 20 January 2006 a first attempt to enforce the contact order was made. A bailiff went to M.K.’s home, but J.G. refused to see the applicant. M.G. wanted to see him, but M.K. refused to let him go without his sister. 17.  J.G. and M.G. stayed with the applicant for the weekend of 7 to 9 April 2006. 18.  In another attempt to enforce the contact order on 21 April 2006, the bailiff and the applicant went to M.K.’s home. The children’s maternal grandmother Z.K.V. told them that M.K. and the children were away. In later criminal proceedings against M.K. (see paragraph 45 below), it was established that the applicant had not been meant to have contact that weekend as it had been the third weekend in the month. 19.  On 5 May 2006 another attempt was made to enforce the interim order, but M.K. told the bailiff that the children did not want to see the applicant. 20.  On 19 May 2006, in another attempt to enforce the contact order, M.K. informed the bailiff that the children were on a school trip. The applicant, who was also present, requested the assistance of the police at the next enforcement attempt. 21.  On 2, 16 and 23 June, 14 July and 22 September 2006 other attempts to enforce the contact order were made. At every attempt J.G. refused to see the applicant and M.K. did not want to let M.G. go alone. 22.  On 5 July 2006 the Stara Pazova Municipal Court fined M.K. 5,000 dinars for non-compliance with the enforcement order of 18 January 2006 (see paragraph 15 above). 23.  On 27 October 2006 J.G. again refused to see the applicant, despite M.K.’s insistence that she should go. As before, M.K. refused to let M.G. go without his sister. 24.  On 10 November 2006 the enforcement was attempted in the presence of a police officer, the bailiff and the applicant. J.G. refused to see the applicant and M.K. refused to let M.G. go alone. 25.  On 24 November, 8 and 22 December 2006 J.G. again refused to see the applicant, and M.K. refused to let M.G. go alone. Furthermore, on the latter date M.K. threatened to press criminal charges against the bailiff and the applicant. 26.  On 4 April 2007 the Stara Pazova Municipal Court heard J.G. and M.G. in the presence of a child psychologist from the Social Care Centre. The children stated that they did not want to have contact with their father because they were afraid of him. J.G. said that the applicant had yelled at her before and that once, when they had been in a coffee bar together, he had snatched her mobile phone from her hand. Another time, when they had been playing in the swimming pool in their mother’s garden, the applicant had grabbed M.G. and taken him to a coffee bar, threatening not to return him. 27.  On 11 September 2008 the custody proceedings were terminated because the applicant and M.K. failed to attend the main hearing without valid reasons (see paragraph 13 above). 28.  On 3 February 2009 the Stara Pazova Municipal Court decided to obtain an opinion and recommendation from the Social Care Centre concerning the continuation of the enforcement proceedings and the possible harm it might have on the children’s development. 29.  In its opinion of 30 March 2009 the Social Care Centre reported that the relationship difficulties between the applicant and M.K. had persisted after their separation and had transformed into arguments over parental rights. Moreover, J.G. had developed strong resistance to her father. She was ashamed and afraid of him because of his behaviour during the time the family had lived together. In addition, M.G. did not want to see the applicant without his sister. The Social Care Centre further reported that M.K. was unable to give support to her children in order to overcome the difficulties in maintaining contact with their father. She claimed that she had not forbidden the children from having contact with him, but was unable to influence her daughter’s opinion. However, M.K. had never expressed the desire to attend counselling or any other specialist therapy, even though it had been suggested several times. 30.  In the past three years the applicant had not once seen J.G., but submitted that he had occasionally met with M.G. at his school during the recess. In such circumstances he had been unable to exercise his parental rights and had had no other way of maintaining contact with his children. The absence of contact had made it impossible for him to create a good interaction with his children. The opinion concluded that the continuation of the enforcement proceedings would put additional pressure on the children and create even greater resistance, particularly in J.G. It suggested the use of other methods provided for by law to create the conditions to enable the father to exercise his parental rights. 31.  On 14 August 2009 the Stara Pazova Municipal Court scheduled a meeting between the applicant and the children for 4 September 2009 at M.K.’s home in the presence of a bailiff and social workers. 32.  On 4 September 2009, in the presence of a psychologist and a social worker, a bailiff and the applicant, J.G. and M.G., both visibly distressed, stated that they did not want to see the applicant. 33.  On 25 February 2011 the Sremska Mitrovica Basic Court (see paragraph 14 above) held a hearing at which M.K., J.G., M.G. and the applicant were heard separately. A psychologist and a social worker from the Social Care Centre were also present. The court noted that shortly before the hearing an ambulance had had to be requested for M.G., who had been displaying signs of an anxiety attack. At the hearing J.G. and M.G. stated that they did not want to have contact with their father and that he was violent towards them. J.G. said, in particular, that the relationship with her father and his attempts at maintaining contact had affected her psychologically (she was afraid to go outside the home alone at night). She said further that the applicant exerted a psychological pressure on M.G. After meeting his father M.G.’s behaviour always changed and he would say offensive things to his mother and grandmother. M.K. stated that she had not obstructed the enforcement of the contact order – the children had not wanted to see the applicant. The social worker stated that at the court’s request the Social Care Centre would submit a proposal on the possibility of maintaining contact between the applicant and M.G., who was still a minor. The applicant insisted on continuation of the enforcement. 34.  On 1 March 2011 the Sremska Mitrovica Basic Court ordered the Social Care Centre to hear the applicant, M.K. and M.G. separately concerning the possibility of maintaining contact between the applicant and M.G. and to prepare an opinion on M.G.’s physical and mental health and development. In particular, the court referred to M.G.’s statements given at the hearing of 25 February 2011 (see paragraph 33 above) and the fact that he had suffered an anxiety attack before that hearing. While the applicant, as a parent, had the right to maintain contact with his child, M.G.’s wishes, needs and best interests had to be taken into account. In a situation where M.G. refused to see his father, the court considered that it was in everyone’s interests to realise the contact gradually with the assistance of the Social Care Centre until the conditions for uninterrupted enforcement of the contact order were created. 35.  On 26 May 2011 the Social Care Centre submitted its opinion to the Sremska Mitrovica Basic Court. It stated that M.G. had a moderate intellectual disability and needed help with dressing, personal hygiene and feeding himself. He was very close to his mother and sister, and felt loved and accepted by them. M.K. stated that she was not preventing M.G. from seeing his father, but feared for his health. She believed that M.G. was afraid of his father because of two previous incidents. According to M.K., on one occasion the applicant had grabbed M.G. from their garden; another time he had allegedly forced open M.G.’s mouth to check his teeth. The opinion stressed, however, that according to the information submitted by M.G.’s school, he had occasionally met his father at school. The meetings had always been warm and affectionate and M.G. had never displayed any signs of fear or anxiety. According to the opinion, the applicant was very keen to maintain contact with his children and cooperate with the Social Care Centre. It was suggested that a meeting be organised between M.G. and the applicant at the Social Care Centre in the presence of the social workers. 36.  On an unspecified date thereafter, the applicant, M.K. and the social workers agreed that the meetings between the applicant and M.G. would be held every Monday at 11 a.m. M.K. was to take M.G. to the Social Care Centre. The first meeting was scheduled for 2 June 2011. 37.  On 31 May 2011 the children’s maternal grandmother Z.K.V. informed the Social Care Centre that M.G. was in Greece with his mother. 38.  A further meeting was scheduled for 13 June 2011. 39.  On 13 June 2011 the applicant met with M.G. at the Social Care Centre in the presence of the social workers. The meeting lasted one hour and passed pleasantly. M.G. talked and laughed with his father. Later that day M.K. informed the Social Care Centre that M.G. had been upset after the meeting so she had had to call an ambulance. This was confirmed by a doctor on duty at the time. 40.  The next meeting, scheduled for 20 June 2011, was cancelled because M.K. informed the Social Care Centre that she was unwell and had no one to take M.G. to the meeting. Several minutes later Z.K.V. called the Social Care Centre and was verbally aggressive towards a person dealing with the case. After being informed that the meeting had been cancelled, Z.K.V. and J.G. took M.G. to the centre and were verbally aggressive towards the social workers present. M.G. was frightened and confused. 41.  The next meeting was scheduled for 27 June 2011. There is no information in the case file as to whether or not it was held. 42.  On 28 June 2011 the Social Care Centre created a meeting schedule for July and August 2011. The applicant was to see M.G. every Monday between 11 a.m. and 12 noon at the Social Care Centre. It would appear that those meetings were held without any problems. 43.  On 15 November 2011 the Sremska Mitrovica Basic Court terminated the enforcement proceedings initiated on 18 January 2006 (see paragraph 15 above). The applicant was ordered to pay 28,125 dinars (approximately EUR 236) to M.K. in legal costs. 44.  On 24 December 2015 the Stara Pazova Basic Court (which had been re-established and renamed in the 2014 judicial reform; see paragraph 14 above), at M.K.’s request, ordered enforcement of the decision of 15 November 2011. In addition to the legal costs ordered by that decision, the applicant was ordered to pay enforcement costs of 10,225 dinars (approximately EUR 85), to be deducted from his disability pension. On 5 April 2016 the appeals chamber of the Stara Pazova Basic Court upheld the decision of 24 December 2015. 45.  On 12 October 2007 the Stara Pazova Municipal Court found M.K. guilty of non-compliance with the interim contact order and ordered her to pay sixty day-fines of 500 dinars (approximately EUR 6.40) each. The court held that M.K. had obstructed the enforcement of the interim contact order of 27 December 2005 by preventing M.G. from seeing his father without J.G. She had thus prevented the applicant from having contact with his son, except on one occasion when he had not had the right to visit him (see paragraph 18 above). The court considered that M.K. had not prevented J.G. from seeing the applicant and that J.G.’s resistance was due to her personal conflict with him. The applicant was instructed to submit his claim for damages in civil proceedings. 46.  On 29 July 2008 the Sremska Mitrovica District Court upheld the judgment of 12 October 2007 and it became final. 47.  On 28 March 2013 the Sremska Mitrovica Basic Court acquitted M.K. and Z.K.V. of charges of non-compliance with the interim contact order concerning the incident of 20 June 2011 (see paragraph 40 above).


5.  The applicant was born in 1971 and at the time of introduction of the application to the Court he was detained in Diavata Prison. 6.  The applicant is serving a life sentence for drug dealing. He was initially placed in Diavata Prison from 1 October 2014 until 24 November 2015. On that date he was transferred to Malandrino Prison, from where he was transferred back to Diavata Prison on 9 May 2016. Lastly, on 20 December 2016 he was transferred back to Malandrino Prison. 7.  The applicant alleged that he had been detained initially in cell no. B 14, which had measured 9 sq. m and had held four detainees in total. On 7 August 2016 he had been placed in cell no. GR 2 on the ground floor, which had measured 24 sq. m and had held ten detainees. In both cases, therefore, the living space afforded to him had been less than 3 sq. m. Overcrowding had exposed him to infectious diseases and he had suffered from passive smoking. In addition, detainees had had barely any space to move within their cell and their bunk beds had been low, not allowing them to sit up comfortably. 8.  Apart from the overcrowding, the applicant submitted that the conditions of his detention had been very poor. Access to natural light and ventilation had been inadequate. Sanitary facilities and supplies had been old, broken and insufficient to ensure the detainees’ well‑being and personal hygiene. Heating had been provided only for one hour per day from 9 p.m. to 10 p.m., while hot water during winter had been provided for two hours per day and had not sufficed for all detainees. They had been forced to wash themselves using buckets of water, as the water pressure in showers had been insufficient. In each ten-person cell there had been five bunk beds, five stools, a small table and five side tables but no lockable space for personal belongings. In the four-person cell there had been two bunk beds and two stools. The mattresses had been old, mouldy and smelly, and sheets and towels had not been provided. 9.  In general, detainees had lacked access to cultural, recreational and sports activities. They had had to rely on visits from friends and family in order to obtain any newspapers or magazines, which had intensified their feeling of isolation. The hours that they had been allowed to spend in the corridors had been insufficient, taking into account that they had coincided with the meal times as well as with the times they had been allowed to receive visits or make phone calls. The yard had included a football field but no balls had been provided to the detainees and the yard had not offered any opportunities for spending time creatively. The applicant further complained of the quantity and the quality of the food, claiming that it had been repetitive and lacking any nutritional value. 10.  Lastly, the applicant submitted that the conditions of his detention had led him having several cardiac arrests. 11.  The Government, referring to a document provided by the prison authorities, submitted that Diavata Prison had a capacity of 358 detainees on the basis of allocation of 4 sq. m per detainee according to the minimum standards set by the CPT. At the time the applicant had been detained, the prison facility had exceeded its capacity by accommodating 460 to 500 detainees. The applicant had been detained in cell no. 11 on the first floor, which had measured 24 sq. m, including a toilet measuring 2 sq. m. The cell had had a capacity of ten detainees; however, following a new law in April 2015 aimed at relieving overcrowding in prisons, many detainees had been released and that had resulted in the applicant sharing the cell with four to six detainees. Therefore, the living space afforded to the applicant had ranged from 3.14 to 4.4 sq. m. 12.  As regards the rest of the applicant’s complaints, the Government argued that the prison had had a central heating system, in addition to the electric heating devices that had been provided to each cell. The cell in which the applicant had been detained had had large windows. Detainees had had access to hot water and had been provided regularly with personal hygiene products. The cells had been regularly disinfected. As regards prisoners’ meals, the Government submitted the menu of various random weeks to demonstrate that they had been comprised of a variety of food. 13.  The Government submitted the applicant’s medical file in order to prove that the applicant had already suffered from cardiac conditions when his incarceration had started. The applicant’s medical needs had been fully fulfilled during the time he had spent in Diavata Prison either by visits to the prison doctor or by his transfer to nearby hospitals. Lastly, the applicant had been granted fifteen days of leave in order to take matriculation exams.


4.  The applicant was born in 1986 and lives in Cork. 5.  He suffers from severe brain damage. It was asserted on his behalf that his condition was caused by the measles vaccination administered to him in 1988 when he was 15 months old. 6.  In November 2002, 14 years after receiving the vaccine, the applicant’s mother instituted proceedings on his behalf against four defendants; the local health authority, the State, the Attorney General (collectively described in the domestic proceedings as the State defendants) and the doctor who had administered the vaccination, H. 7.  On 5 August 2003, the High Court issued a limited order of discovery addressed to the local health authority seeking all relevant records about the applicant in its possession, as well as information about the vaccine used, about any adverse effects noted at the time with this vaccine, about the manner in which the mother’s consent was obtained, and about the health of the other members of the applicant’s family. Although the High Court set a time-limit of 8 weeks for discovery, the local health authority only complied with the order in June 2008, that is to say with a delay of over four and a half years. 8.  The applicant appealed the scope of the order of discovery of 5 August 2003, leading to the grant of a further limited order of discovery by the High Court on 30 January 2004, addressed to all four defendants. The applicant brought another appeal against the order of discovery of 30 January 2004, but in July 2006 the Supreme Court dismissed the appeal, making only a minor amendment to the order granted by the High Court. 9.  The applicant’s mother died in December 2007. 10.  In June 2008 the applicant’s lawyer wrote to the local health authority to complain that the long delays in litigating the case had caused grave prejudice to the case. The applicant’s mother had been a vital witness, and with her death essential evidence had been lost. Settlement of the substantive dispute was proposed but not agreed. 11.  In May 2008 the applicant’s lawyer sought to have the defence of the State defendants set aside. The High Court refused this application on 12 March 2010. 12.  The trial involved ten days of hearings. No factual evidence was called on behalf of the applicant, but independent medical witnesses gave evidence, having read the applicant’s medical records, and documentary evidence provided by way of discovery was before the court. On the eleventh day of the trial, 19 July 2011, the judge accepted an application by the defendants to strike the case out for failure to establish a prima facie case against them. 13.  Regarding the doctor, he noted that the applicant accepted there was insufficient evidence to establish any negligence in the administration of the vaccine. The claim against the doctor H was dismissed. In relation to the State defendants, the judge held that no evidence had been produced that could support the various grounds relied on by the applicant. 14.  The proceedings in the High Court terminated on 19 December 2011. The applicant filed a notice of appeal presenting 30 grounds of appeal. Following the establishment of the Court of Appeal in October 2014, the applicant’s case was transferred to it. Outline written submissions were submitted by H in February 2015 and by the State defendants in September 2015. 15.  The Court of Appeal gave its judgment on 10 February 2016, dismissing the appeal. In its conclusions, the Court of Appeal stated that, by taking the case at its highest, the trial judge had adopted the correct approach on the question of striking the case out. The Court of Appeal concluded by remarking on the many legal hurdles the applicant would have had to overcome in order to succeed. It found no basis for overturning the decision of the High Court. 16.  The proceedings ended on 10 May 2016 when the Supreme Court declined the applicant’s request for leave to appeal.


5.  The applicant was born in 1962 and lives in Novska. He is of Albanian origin. 6.  In 1960 the applicant’s parents fled Albania as political refugees and settled in Kosovo,[1] which was at the relevant time an autonomous province of Serbia. They were granted refugee status in the former Socialist Federal Republic of Yugoslavia (“the SFRY”). The SFRY was a federal State composed of six republics: Bosnia and Herzegovina, Croatia, Serbia (with two autonomous provinces, Vojvodina and Kosovo), Slovenia, Montenegro and Macedonia. 7.  The applicant was born in Kosovo soon after his parents’ arrival to the SFRY. In 1979 the applicant, at the time seventeen years old, came from Kosovo to Croatia. He settled in Novska, where he has lived ever since. 8.  The applicant has no family in Croatia. Since moving to Croatia, his parents have died in Kosovo. For a while, the applicant maintained a relationship with his two sisters, who lived in Germany and Belgium (see paragraphs 21, 29 and 35 below). In 2014 he declared to the domestic authorities that his only close relative was his sister in Belgium, with whom he had lost contact (see paragraph 48 below). 9.  In 1987 the applicant applied for a permanent residence permit to the relevant police station in Novska. 10.  He was instructed by the Novska police that he should regularise his status in Kosovo, where he had been officially registered. However, as the applicant refused to do that, he was provided with a temporary residence permit in Novska for the period between 4 January and 30 June 1988, pending the determination of his request for a permanent residence permit. 11.  At the relevant time, the applicant possessed a certificate issued by the SFRY authorities in Kosovo in 1988 indicating that he had been an Albanian national with the status of a foreigner holding a temporary residence permit in the SFRY. The certificate also indicated that the applicant’s parents had been nationals of Albania living in the SFRY as refugees. 12.  On 2 February 1989 the Ministry of the Interior of the then Socialist Republic of Croatia informed the Novska police that the applicant’s application for a permanent residence permit in the SFRY had been refused in accordance with the government policy according to which Albanian refugees should be instructed to apply for the SFRY citizenship. 13.  On 22 February 1989 the applicant was interviewed by the Novska police in connection with the Ministry of the Interior’s instruction. He explained that he had been granted a temporary residence permit by the relevant authorities in Kosovo which was valid until July 1989. He also stated that he had attempted to travel to Germany but had not had a valid visa and had thus been refused entry. At the time he was waiting for a visa for Belgium. The applicant further explained that he hoped to be granted a permanent residence permit but that he was not interested in acquiring SFRY citizenship as that would not provide him with any security. He considered that by acquiring SFRY citizenship, he should be granted a flat or a house in private ownership just as one had been granted to his father when he had come from Albania as a refugee. However, as he would not be granted any property, he refused to apply for SFRY citizenship. 14.  On 23 February 1989 the Novska police informed the Ministry of the Interior that the applicant had refused SFRY citizenship. The report further explained that the applicant was employed in a garage of a private entrepreneur, M.R., and that he had several times contacted the Novksa police insisting that he be granted permanent residence. The report also indicated that according to the available information the applicant had secured a temporary residence permit from the authorities in Kosovo until July 1989. 15.  A further report of the Novska police to the Ministry of the Interior of 26 February 1990 indicated that the applicant was still living in Novska and working in a restaurant. As his temporary residence permit issued by the authorities in Kosovo had expired, he had been instructed to regularise his status. This report also contains a handwritten note dated 12 June 1990 according to which the applicant had come to the police station and presented an identity card for a foreigner with temporary residence status in the SFRY issued by the relevant authorities in Kosovo and valid until 5 November 1991. 16.  On 25 June 1991 the Croatian Parliament (Sabor Republike Hrvatske) declared Croatia independent of the SFRY, and on 8 October 1991 all ties between Croatia and the SFRY were severed. 17.  Meanwhile, war broke out in Croatia and the applicant was called up for mandatory civilian service with the local authorities. On 22 March 1992 the Novska police issued a permit to the applicant to move freely within the region of Novska-Kutina in order to perform his mandatory civilian service. The permit was valid until 31 December 1992. 18.  On 9 June 1992 the applicant applied for Croatian citizenship with the Novska police. He submitted that he had been living at his current address in Novska since 1980s, and that he had been a refugee from Albania. He also explained that he was working in a garage of a private entrepreneur, Z.A. 19.  On 20 July 1992 the Novska police forwarded the applicant’s application to the Ministry of the Interior of the Republic of Croatia (Ministarstvo unutarnjih poslova Republike Hrvatske – hereinafter “the Ministry”) with a suggestion that it be granted. 20.  On 2 November 1992 the Ministry instructed the Novska police that they had failed to provide a report concerning the applicant’s personal circumstances and information on his residence in Croatia. 21.  In connection with the above application, on 16 December 1992 the applicant was interviewed by the Novska Police. In his interview, the applicant explained that he had Albanian nationality as he had been a refugee from that country. He further explained that he had come to Novska in 1979 where he had first worked as a waiter until 1984. Between 1986 and 1989 he had worked as a car mechanic for a private entrepreneur, M.R., and since 1989 for Z.A. During the war he had worked as a car mechanic for the police and the army. He was not married and did not have children. He had a sister living in Germany and one living in Belgium. He also had a brother living in Kosovo and another brother living at an unknown place in Albania. His parents lived in Kosovo. 22.  On 18 December 1992 the Novska police informed the Ministry of the obtained information explaining that the applicant had lived in Novska as a foreigner since 1980 and that he had Albanian citizenship. 23.  In May 1993 the national intelligence agency informed the Novska police that there was nothing preventing the applicant from being allowed to acquire Croatian citizenship. 24.  According to the available information, the file concerning the applicant’s application also contained a birth certificate issued by the SFRY authorities in Kosovo on 23 December 1987 according to which the applicant did not have any nationality. 25.  On 14 June 1993 the Ministry issued an assurance that the applicant would obtain Croatian citizenship if he obtained a release or provided evidence that he had renounced his Albanian citizenship within a period of two years. In its reasoning to this assurance, the Ministry explained that the applicant had met all the necessary conditions to be granted the assurance and thus Croatian citizenship. It also referred to section 8a of the Croatian Citizenship Act (see paragraph 60 below). 26.  Upon the expiry of the above-noted period of two years, on 16 February 1995 the applicant lodged a new application for Croatian citizenship with the Novska Police. He explained that he was a national of Albania and that he had been living in Croatia since 1979. He was asking for Croatian citizenship in order to obtain legal certainty of his position. He stressed that he was ready to renounce his current citizenship and that he had nowhere to go back to in Kosovo. He also explained that he was employed as a car mechanic. 27.  Meanwhile, the applicant had obtained a permit for extended residence of a foreigner (he was considered to be an Albanian citizen) from the Novska police for the period between September 1993 and September 1994, which was first extended until September 1995 and then January 1996. He was also granted a driving licence on 14 April 1994 valid until 19 November 2027. 28.  In February 1995 the intelligence agency informed the Novska police that there was no bar to the applicant’s acquiring Croatian citizenship. 29.  A report on the applicant’s personal circumstances prepared by the Novska police on 8 March 1995 indicated that he had lived in Croatia since 1979. The report contains a statement that the applicant had an Albanian passport issued in Kosovo (then part of Serbia) and that he had allegedly disappeared from his place of residence during the war in Croatia. It also suggests that the applicant socialised with individuals of similar characteristics who were involved in trading of grey-market goods and repairing cars. Moreover, the report alleged that the applicant had never tried to regularise his status in Croatia. The report also indicated that the applicant’s parents had died and that he had two sisters, who lived in Germany and Belgium. 30.  On 28 March 1995 the Novska police informed the Ministry that the applicant had had a registered residence in Croatia since September 1993 (see paragraph 27 above). 31.  On 3 August 1995 the Ministry dismissed the applicant’s application for Croatian citizenship on the grounds that he did not have a registered residence in Croatia for an uninterrupted period of five years as required by section 8(1)(3) of the Croatian Citizenship Act (see paragraph 60 below). 32.  The applicant challenged the above decision before the Administrative Court (Upravni sud Republike Hrvatske). He argued that he had had a registered residence in Novska since 1979 and that his personal circumstances had been well known to the Novska police. He also stressed that he was in employment and that he possessed an identity card and a driving licence issued by the Novska police. 33.  On 29 May 1996 the Administrative Court dismissed the applicant’s administrative action on the grounds that there was no evidence that he had had a registered residence in Croatia since 1979. In fact, according to the Novska police’s report of 28 March 1995 (see paragraph 29 above), he had had a registered residence in Novska, as a foreigner with extended residence status, since 24 September 1993. In these circumstances, the Administrative Court considered that no available evidence suggested that the applicant had had an uninterrupted registered residence in Novska for a period of more than five years as required by section 8(1)(3) of the Croatian Citizenship Act. 34.  On 13 November 2001 the applicant asked the Ministry to grant him a permanent residence permit. He argued that he was employed and had sufficient means of subsistence and a strong interest to live in Croatia. Together with his application, the applicant provided the birth certificate issued by the SFRY authorities in Kosovo on 23 December 1987 (see paragraph 24 above). He also provided his employment booklet according to which he had been employed in the periods between 1 July 1986 and 15 July 1987, 1 August 1987 and 1 December 1988, and 1 January 1989 and 31 December 1989 in the garage of M.R. 35.  A report on the applicant’s personal circumstances prepared by the Novska police on 24 April 2002 indicated that the applicant was a national of the Federal Republic of Yugoslavia (Serbia and Montenegro – hereinafter “the FRY”). According to the report, the applicant had settled in Novska in 1979 and had first worked in the garage of Z.A. until 1984; and then, between 1985 and 1990, in the garage of M.R. The report further indicated that the applicant was at that time unemployed and supported by his sisters in Germany and Belgium. He had lived in Novska for twenty-two years and had never left Croatia. The only document which he possessed was a driving licence. Up to that point he had been prosecuted only for a minor offence related to the status of aliens. 36.  On 29 April 2002 the Ministry instructed the Novska police that the applicant should also be interviewed in connection with his application. 37.  The applicant was interviewed by the Novska police on 10 June 2002. He explained that after he had been given an assurance of eligibility for Croatian citizenship (see paragraph 25 above) he had contacted the Albanian embassy several times. However, they had at first delayed their response and then dismissed his request. He had therefore been unable to obtain a certificate of renunciation of Albanian citizenship within the relevant period of two years. The applicant further explained how his second application for Croatian citizenship had been refused because he had not had a registered residence in Croatia for five years (see paragraphs 26‑33 above). 38.  In his interview the applicant also stated he did not have a travel document of any country. So far he had always relied on his Albanian citizenship but whenever he had tried to obtain Albanian travel documents, he had been orally refused. The same was true for his attempts to obtain travel documents from the FRY. The applicant further explained that he did not have a family and was not married. He wanted to stay in Novska because there he knew a lot of people and would be able to make a living there. 39.  On 3 July 2003 the Ministry dismissed the applicant’s application on the grounds that he did not meet the necessary statutory requirements under section 29(1) of the Movement and Stay of Foreigners Act (see paragraph 61 below). In particular, he was not married to a Croatian national or an alien with a permanent residence in Croatia, and he did not have three years of uninterrupted employment in Croatia. The Ministry also held that there was no particular interest of Croatia in granting him residence under section 29(2) of the Movement and Stay of Foreigners Act. The Ministry considered the applicant to be a national of Serbia and Montenegro. 40.  The applicant challenged this decision before the Administrative Court. He argued that the fact that he had previously been a national of Serbia and Montenegro and had resided in Croatia since 1979 qualified him for permanent residence in Croatia. The applicant also contended that it was difficult for him to find a formal employment as he did not have permanent residence permit for Croatia. 41.  On 17 August 2006 the Administrative Court dismissed the applicant’s administrative action as unfounded. The Administrative Court held that the Ministry had properly established that the applicant had failed to meet the statutory requirements under section 29(1) of the Movement and Stay of Foreigners Act as his employment booklet did not show that he had worked for an uninterrupted period of three years. Moreover, the Administrative Court considered that nothing in the circumstances of the case suggested that the applicant should be granted permanent residence under section 29(2) of that Act. 42.  The applicant then lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske), challenging the decisions of the lower bodies. He argued that he had continuously lived in Croatia since 1979 and that he had worked. He argued that he should have been granted permanent residence. 43.  Meanwhile, the applicant obtained a note from M.R., for whom he had worked, attesting that he had been employed by M.R. in the period between 1986 and 1989 and that he had proved to be a hardworking and responsible employee. M.R. also promised to employ the applicant again and to secure him accommodation should he be granted permanent residence. 44.  On 1 October 2008 the Constitutional Court dismissed the applicant’s constitutional complaint as unfounded endorsing the reasoning of the Administrative Court. 45.  In the period between 26 July 2011 and 27 August 2013 the police three times temporarily extended the applicant’s residence for periods of one year by reference to the humanitarian grounds under the Aliens Act (see paragraph 62 below). In the relevant decisions, the applicant was considered to be a national of Kosovo. 46.  When extending his temporary residence permit on humanitarian grounds on 27 August 2013 for another year under section 65(1)(5) of the Aliens Act, the applicant was requested to provide a valid travel document as provided under section 52(4) of the Aliens Act (see paragraph 62 below). 47.  On 10 June 2014 the applicant again applied for an extension of his temporary residence permit. He argued that he did not have a travel document of Kosovo as he had not been there nor did he have any interest in going there. He explained that he just wanted to regularise his status in Croatia. 48.  In connection with his application for an extension of his temporary residence permit, in July 2014 the applicant was interviewed by the Novska police. A note on his interview indicated that the applicant was a national of Kosovo and that he had knowledge of the Albanian language. It also stated that the applicant had been employed by M.R. in the period between 1981 and 1991 and that during the war in Croatia he had worked for Z.A. repairing military and police vehicles until 1993. Since then he had been unemployed but had been earning money by helping out on the farms in the Novska area. His parents had died and the only close relative he had was a sister living in Belgium, with whom he had lost contact. The note further explained that the applicant’s neighbours had been interviewed and that they confirmed that he had been a good and hardworking person. The note also indicated that the applicant had committed several minor offences for which he had been fined and a criminal complaint had been lodged against him in connection with a road accident in which he had been involved. 49.  On 30 July 2014 the Ministry instructed the Novska police that there were no grounds to extend the applicant’s residence since he had failed to provide a valid travel document. 50.  The Novska police invited the applicant for an interview on 28 August 2014 at which he was informed of the Ministry’s instruction. The applicant explained that he had come to Croatia in 1979 and had no connection to Kosovo. He had had the status of a refugee from Albania until he had reached the age of eighteen, since that status had been granted to his parents. He stressed that he had lived his whole life in Novska. He also promised to contact the embassy of Kosovo in order to obtain a travel document and asked the Novska police not to dismiss his request. 51.  On 16 September 2014 the Novska police dismissed the applicant’s application for the extension of his temporary residence on humanitarian grounds. It held that the applicant did not meet the requirements for granting further temporary residence status as he had failed to provide a valid travel document and the Ministry had not given its consent to an extension of his residence permit. 52.  On 7 October 2014 the applicant challenged the decision of the Novska police before the Ministry, relying on Articles 8 and 14 of the Convention and Article 1 of Protocol No. 12. He argued that he had had SFRY citizenship, which he had lost in unclear circumstances following the dissolution of that country. As he had come from Kosovo to Croatia, it was possible that he was considered to be a national of Kosovo by the Croatian authorities, but in reality he did not have citizenship of that territory. The applicant also argued that he was not a classic alien but an individual who found himself in the very specific circumstances of the dissolution of the SFRY in a situation whereby he was no longer able to provide a valid travel document. He also contended that he had been erased from the register of domicile and residence in Croatia without ever being informed thereof. He was therefore unable to regularise his residence status in Croatia and thus to find employment, to move freely without valid documents or to travel, which was neither a lawful nor a proportionate interference with his Article 8 rights. Moreover, the applicant contended that there was a gap in the relevant domestic law as the status of individuals who found themselves in his situation following the dissolution of the SFRY was not regulated. Accordingly, a strict formal application of the Aliens Act could not lead to a solution in his case. 53.  On 30 January 2015 the Ministry dismissed the applicant’s appeal. It referred to the applicant’s previous attempts to regularise his status in Croatia, which had all been unsuccessful. According to the Ministry, this showed that he had not been erased from the relevant registers without being informed. The Ministry further stressed that the applicant had been invited several times to provide a valid travel document and he had promised to contact the embassy of Kosovo in this connection but had failed to do so. Accordingly, in the Ministry’s view, his arguments that he had not been a typical alien and that the relevant authorities had formalistically applied the relevant law had been misplaced. Moreover, there was a possibility for him to obtain a temporary travel document in order to travel to his country of origin so as to obtain a valid travel document. 54.  On 25 February 2015 the applicant challenged the Ministry’s decision before the Zagreb Administrative Court. He contended that he had been a national of the SFRY and that he had had a registered residence in Novska since he had arrived there in 1979, which had been erased at a later stage. He also relied on his available birth certificate showing that he did not have any citizenship (see paragraph 58 below). He also reiterated his complaints of an unjustified infringement of his Article 8 rights by a decision of the administrative authorities and a breach of Article 14 of the Convention and Article 1 of Protocol No. 12. On 21 April 2017 the Zagreb Administrative Court dismissed the applicant’s administrative action endorsing the reasoning of the Ministry’s decision. The applicant challenged these findings before the High Administrative Court (Visoki upravni sud Republike Hrvatske) and the proceedings are still pending. 55.  Meanwhile, on 4 September 2015 the Novska police granted the applicant temporary residence status on humanitarian grounds for a further year inviting him to provide a valid travel document. The Novska police held that the applicant was a national of Kosovo whose parents had come from Albania to Kosovo and that they had had the status of refugees in the SFRY. It also stressed that the Ministry had given consent to the extension of the applicant’s temporary residence irrespective of the fact that he had not provided a valid travel document. 56.  On 4 October 2016 the Novska police extended the applicant’s residence status on humanitarian grounds for a further year. It referred to the same reasons as cited above. 57.  According to the applicant’s handwritten statement to his representative of 7 July 2015, he never had Albanian citizenship. He explained that he had contacted the Albanian embassy after he had been given an assurance that he had qualified for Croatian citizenship but they had told him that he had not been a national of that State (see paragraphs 25 and 37 above). The applicant further stressed that in his contacts with the police concerning the regularisation of his residence status, the police officers had always suggested that he had been an Albanian national. He also explained that he had been born in Kosovo and that his parents had had SFRY citizenship. He had come to Croatia in 1979. He simply wanted to regularise his status in Croatia. 58.  According to a birth certificate issued by the Kosovo authorities on 10 June 2009, the applicant’s parents had had Kosovo nationality but the applicant did not have that nationality.


5.  The applicant was born in 1959 and lives in Nova Gorica. 6.  The applicant was working as a cleaning lady when she allegedly developed serious medical complications in her left wrist, which could only partly have been addressed by surgery. This resulted in her using predominantly her right arm, which in turn resulted in the overburdening of that arm, giving rise to a number of medical problems. Because of these medical issues she was found, in 2006, to be incapable of further work and officially recognised as having a partial disability. 7.  On 30 December 2011 the applicant applied to the Pensions and Disability Insurance Institute of the Republic of Slovenia (“the Institute”) for a disability allowance in respect of a physical impairment (nadomestilo za invalidnost – hereinafter “disability allowance”). 8.  On 12 March 2012 the first-instance disability commission of the Institute, located in Nova Gorica, issued a report to the effect that the applicant was not suffering from any physical impairment stipulated in the Self-Management Agreement on the List of Physical Impairments (Samoupravni sporazum o seznamu telesnih okvar – hereinafter “the List”; see paragraph 22 below). The commission – composed of an occupational medicine specialist, an orthopaedic specialist and a physical medicine and rehabilitation physician – based its opinion on an examination of the medical records submitted by the applicant and a clinical examination of the applicant. 9.  On 15 March 2012 the Nova Gorica unit of the Institute, relying on the opinion of the first-instance disability commission, dismissed the applicant’s application for a disability allowance. A copy of the first-instance disability commission’s opinion was attached to the decision. The applicant appealed. 10.  On 15 May 2012 the second-instance disability commission of the Institute, located in Ljubljana, composed of an occupational medicine specialist and an orthopaedic specialist, examined the applicant’s medical file and again issued a report to the effect that no physical impairment stipulated in the List could be found. 11.  On 7 June 2012 the Central Office of the Institute, referring to the conclusions of the second-instance disability commission, dismissed the applicant’s appeal. A copy of the second-instance disability commission’s opinion was attached to the decision. 12.  On 12 July 2012 the applicant initiated court proceedings against the Institute before the Ljubljana Labour and Social Court seeking the annulment of the above-mentioned decisions taken by the Institute, arguing that the facts had been wrongly established, and that the procedure had not been properly conducted. She argued that because of the incapacity of her arms the functioning of her body was inhibited and greater efforts were required to satisfy her daily needs. She also argued that the opposing party should have more seriously examined all her medical problems. In her view her physical impairment amounted to at least 50% incapacity; however, the exact degree could only be determined by a medical expert. She accordingly proposed that a medical expert be appointed. 13.  On 6 September 2013 the Ljubljana Labour and Social Court, sitting in a single-judge formation, dismissed the applicant’s application for a disability allowance. It observed that its role was to check whether the impugned administrative decisions had been issued in a procedure that had complied with the procedural rules, and had been based on a proper establishment of fact and proper application of the law. It furthermore observed that the claimed physical impairment was a legally relevant fact, whose degree of severity under the relevant legal provisions (see paragraph 22 below) had to be proved in order for entitlement to a disability allowance to be established. After taking into account the documents in the file and the hearing of the applicant, the court found that the Institute had correctly established the facts. Referring to the findings of the disability commissions and its own direct observation of the applicant at the hearing, it concluded that the impairment to the applicant’s health did not amount to a physical impairment within the meaning of the law. 14.  Considering the above-mentioned findings sufficient to reach its conclusion, the court refused the applicant’s request for the appointment of a medical expert as unnecessary. 15.  On 17 October 2013 the applicant lodged an appeal against the first-instance court’s finding. She argued that the impairment to both of her arms, her psychological illness and her headaches meant that the normal functioning of her organism was inhibited and that she had to exert greater efforts in order to perform daily tasks; that the List, which was out of date, could not possibly contain a complete list of all illnesses and injuries; that the first-instance court should not have relied on the opinions of the disability commissions and a doctor (opinions which the applicant had disputed); that the first-instance court should have appointed a medical expert, as requested by the applicant; that the applicant could not have explained all her medical issues at the hearing and that the court had not been in a position to assess the flexibility of her arms. 16.  On 6 February 2014 the Higher Labour and Social Court dismissed the applicant’s appeal, finding that the facts had been sufficiently established and the substantive law applied correctly. It also found that the refusal of the applicant’s request for the appointment of an expert had not undermined the legality of the decision as that decision would not have been any different had an expert been appointed. The Higher Labour and Social Court further found the following:
“A court in a judicial social dispute ... assesses the correctness and lawfulness of the impugned administrative decisions [in question] and having regard to the dispute of the full jurisdiction [the court] when quashing [the administrative decisions] alone decides on the merits. Within the context of the judicial review of the administrative decisions [the court] is of course not obliged to accept evidence [submitted by] a forensic medical expert if the expert opinions of the disability commissions at first and second instance allow for the conclusion that the negative administrative decisions are correct and lawful because they are based on an assessment by both commissions which is convincing in view of the available medical documentation and the report of [the relevant] medical examination. Such a procedural situation is found in the present case, because in the opinion of the appeal court the expert bodies in the pre-judicial administrative proceedings correctly determined that the applicant had no physical impairment.” 17.  The court furthermore found that physical impairments could not be determined contrary to what was provided in the List. Moreover, the question of whether a particular condition amounted to an impairment was different to the question of whether it amounted to a disability. In the applicant’s case, although she had a recognised disability, this fact alone – without any functional problems in respect of inflexibility of joints – could not suffice to categorise her condition as one of physical impairment. The Higher Labour and Social Court agreed with the court of first instance that the disability commissions in the pre-judicial administrative proceedings had made the right assessment when concluding that the applicant had not suffered from any physical impairment. It also pointed out that the court had not been obliged to appoint an independent expert if it had been possible to conclude from the disability commissions’ opinions that the Institute’s decisions had been well-founded, as had been so in the instant case. 18.  The applicant lodged an application for leave to appeal on points of law. She argued that her right to a fair trial had not been respected because the court had refused to appoint a medical expert and had assessed the applicant’s condition itself, despite lacking the necessary medical knowledge. She had thereby been deprived of her only possibility to challenge the Institute’s decisions. The applicant also drew attention to the fact that in numerous cases court-appointed experts had found the disability commissions’ fact-finding to be erroneous. She moreover argued that the first-instance court should not have based its decision on the List. 19.  On 10 June 2014 the Supreme Court dismissed the applicant’s application, holding that there were no grounds for allowing an appeal on points of law. 20.  On 21 July 2014 the applicant lodged a constitutional complaint. She complained that the Supreme Court’s decision had not been reasoned. She further argued that she could not have explained all her medical issues at the hearing and that the court had not been in a position to assess the flexibility of her arms. Her only way of effectively challenging the Institute’s decision would have been by way of appointing an independent medical expert; as had been proved in the past, independent medical experts had often reached findings contrary to those of disability commissions. She invoked Article 22 (equal protection of rights) and Article 23 (the right to judicial protection) of the Constitution. She also reiterated her complaint about the reliance on the List. 21.  On 10 December 2014 the Constitutional Court decided to not accept the applicant’s constitutional complaint for consideration, finding that it did not concern an important constitutional question or entail a violation of human rights which would have serious consequences for the applicant.


5.  The applicant was born in 1977 and at the material time was serving a sentence of imprisonment. The facts of the case as submitted by the parties may be summarised as follows. 6.  The case file indicates that in April 2001 and March 2005 the applicant was found guilty of various criminal offences, but his prison sentence was suspended for health reasons (cardiovascular and lung disorders, high blood pressure, a left bundle branch block, and tuberculosis of the left lung). 7.  In November 2005 and March 2007 two additional sets of criminal proceedings on multiple charges including armed robbery were initiated against the applicant. He was arrested on 28 December 2006 and placed in pre-trial detention. 8.  On 14 June 2007 the applicant was found guilty as charged in the first set of proceedings and sentenced to twenty-four years’ imprisonment. The applicant did not appeal against his conviction. 9.  On 25 September 2007, in the second set of criminal proceedings, the applicant was found guilty of armed robbery and sentenced to thirteen years’ imprisonment. The court further decided that the aggregate term of imprisonment to be served pursuant to that judgment and the judgment of 14 June 2007 should be fixed at thirty years. 10.  The judgment of 25 September 2007 was altered on appeal on 21 January 2008. The prison sentence for the offences committed in 2005 was reduced to ten years, but the total sentence to be served remained unchanged at thirty years. An appeal on points of law by the applicant was rejected as inadmissible by the Supreme Court of Georgia on 15 September 2008. 11.  On 1 November 2012 the applicant was granted early release from prison. 12.  The applicant entered the prison system with a history of tuberculosis of the left lung. On 10 April 2008 he was transferred to the Department of Prisons’ medical facility (“the prison hospital”), where an X‑ray of his lungs was performed. As no pathologies were revealed, the applicant was returned to Rustavi Prison no. 6 on 17 April 2008. 13.  On 1 May 2008 he was hospitalised again because of a cyst on his right testicle, and on 4 May 2008 he underwent a surgical operation to have the cyst removed. The results of a subsequent biopsy revealed that the cyst was a benign skin cyst. On 6 May 2008 additional blood tests revealed that the applicant did not have AIDS, but it was not possible at that stage to determine the presence of the hepatitis C antibody in his blood. Further tests three months later were recommended. After a trouble-free period of convalescence, the applicant was sent back to prison on 24 May 2008. 14.  On 23 June 2008 the applicant’s lawyer asked for additional medical tests to be organised for the applicant. In particular, he asked for a blood test for hepatitis C. That request apparently went unanswered. On 10 July 2008 the applicant was transferred to the prison hospital because of an abscess in his lower jaw. In addition to being treated by a dentist, according to the medical file, the applicant had a consultation with a neurologist and an endocrinologist because he was experiencing persistent headaches. The neurologist diagnosed him with post-traumatic encephalopathy and prescribed treatment. On 30 July 2008 the applicant was discharged from the prison hospital, although his headaches persisted. 15.  On 8, 9, 15 and 24 September 2008 the applicant applied to the prison authorities to be returned to the prison hospital “for serious health reasons”. He did not specify what was wrong with his health. On 10 September 2008 the prison authorities forwarded the applicant’s letters to the governor of Rustavi Prison no. 6 and the head of the prison administration’s group of medical experts, so that they could be examined and appropriate action could be taken. 16.  On 30 October 2008 the applicant staged a hunger strike to obtain an examination by a neurologist. On 5 November 2008 the applicant was seen in prison by a neurologist, who prescribed treatment for his post-traumatic encephalopathy. 17.  On 10 November 2008 representatives of the Public Defender’s Office visited the applicant, who complained of headaches. The applicant alleged that during his previous stay in the prison hospital he had taken medicine for his headaches for a week, but to no avail. He said that he had suffered from headaches before his arrest, however, the pain had become more severe, and at that point it had been constant for six months. He also alleged that the treatment prescribed on 5 November 2008 had not yielded any results. On 11 November 2008 the Public Defender sent a report on the meeting to the prison governor and requested news of the applicant’s state of health. 18.  On 27 November 2008, after having examined the applicant, the neurologist diagnosed neurasthenia and post-traumatic encephalopathy. Noting that the previous treatment had not worked, he considered that a more thorough examination was necessary. 19.  On 8 December 2008 the applicant staged a second hunger strike, requesting that he be transferred to the prison hospital. He maintained that, having suffered a serious head injury in the past, he was in need of a comprehensive inpatient examination of his head. He further complained that, although he was only being prescribed simple sedatives, he was not receiving them. On 17 December 2008 a representative from the Public Defender’s office met with the chief physician of Rustavi Prison no. 6, where the applicant was staying at the material time. The doctor confirmed that the applicant was suffering from headaches and was in need of a tomography scan. He explained, however, that the applicant was only receiving pain medication, as the relevant insurance company refused to finance the required examination and treatment. According to an entry in the applicant’s medical file, on 19 December 2008 he was still on hunger strike, suffering from headaches. 20.  On 29 December 2008 the Public Defender wrote a letter to the Minister of Justice, the head of the Prisons Department, and the Governor of Rustavi Prison no. 6, challenging the effectiveness of the insurance company with which the Ministry of Prisons had concluded a contract, on the basis of, inter alia, the applicant’s case. The Public Defender alleged that the applicant was being denied adequate examination and treatment for his post-traumatic brain condition. While discussing in detail the failures and shortcomings of the existing insurance scheme, the Public Defender recommended that the relevant authorities annul the relevant contract. 21.  In the meantime, an X-ray of the applicant’s lungs taken on either 22 or 23 of December 2008 had revealed signs of recurrent tuberculosis. His doctor recommended bacteriological analysis and an examination by a specialist. On 23 January 2009 bacteriological tests revealed the presence of tuberculosis bacteria, and the applicant was immediately put on a DOTS (Directly Observed Treatment, Short‑course) programme, the treatment strategy for the detection and cure of tuberculosis, as recommended by the World Health Organisation. 22.  According to an entry in the applicant’s medical file, on 18 February 2009 he was still suffering from constant headaches. The doctor treating the applicant recommended that he be transferred to the prison hospital for proper examination. On 19 February 2009 the applicant was placed in the prison hospital with a diagnosis of pulmonary tuberculosis and post‑traumatic encephalopathy. There, he underwent various medical tests, including a blood test for hepatitis C markers, which was negative, and a tomography scan. He also had a consultation with a neurologist. As a result, he was diagnosed with intracranial hypertension syndrome. The applicant was prescribed relevant treatment and sent back to Rustavi Prison no. 6 on 26 February 2009. 23.  On 5 March 2009 the applicant was placed in a facility in Ksani for prisoners with tuberculosis. On 10 and 13 July 2009 he violated the internal rules of the facility. As a result, on an unspecified date he was transferred back to Rustavi Prison no. 6, where, according to the latest medical examination of which the Court was informed, he continued his treatment for tuberculosis. 24.  On 14 July 2009 the applicant underwent a serological test, which detected no active hepatitis C virus in his system. 25.  On 29 December 2006 the applicant was placed in Tbilisi Prison no. 5, where he stayed for almost six months. According to him, the conditions of detention in that prison were inhuman and degrading. In view of the severe overcrowding in prison, he had to take turns sleeping, sleeping for a maximum of four hours a day. The sanitary and hygienic conditions were appalling, and for months there was no opportunity for him to have proper shower. The applicant was also deprived of the opportunity to have regular outdoor exercise. Whilst in Tbilisi Prison no. 5, he was not allowed to see his family even once. 26.  On 23 June 2007, following his conviction, the applicant was transferred to Rustavi Prison no. 6. According to him, the conditions of his detention improved there, although he was still deprived of regular outdoor exercise. Moreover, the nutrition in the prison was poor and he was deprived of basic items relating to hygiene, such as soap, bed linen, toilet paper, and towels. 27.  According to a letter from the prison governor dated 24 June 2008, the applicant was only visited by his family once during his time in that prison, on 22 April 2008.