CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 19 décembre 2017

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MALTA   (Application no. 16680/14)                     JUDGMENT     STRASBOURG   19 December 2017     FINAL   19/03/2018   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Peňaranda Soto v. Malta, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Ganna Yudkivska, President,   Vincent A. De Gaetano,   Paulo Pinto de Albuquerque,   Faris Vehabović,   Carlo Ranzoni,   Marko Bošnjak,   Péter Paczolay, judges, and Marialena Tsirli, Section Registrar, Having deliberated in private on 7 November 2017, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 16680/14) against the Republic of Malta lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Costa Rican national, Mr Luis Fernando Peňaranda Soto (“the applicant”), on 1 April 2014. 2.     The applicant was represented by Dr K.F. Dingli, a lawyer practising in Valletta. The Maltese Government (“the Government”) were represented by their Agent, Dr Peter Grech, Attorney General. 3.     The applicant alleged that the conditions in the detention facility ‑ namely the Corradino Correctional Facility, Paola − (alone or in combination with other conditions) amounted to inhuman and degrading treatment, and that he had been denied access to the medical treatment needed while in prison, in contravention of Article 3 of the Convention. 4.     On 14 March 2016 the application was communicated to the Government. 5.     In his observations the applicant requested that the Court visit the facility. In reply the Government did not object to the Court visiting the premises. The Court considered this request and, having examined the evidential material before it, decided that the case did not require it to undertake a fact-finding mission. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1977 and at the time that he lodged the application with the Court was serving a sentence of eight years’ imprisonment in the Corradino Correctional Facility, Malta. He had been detained since 19 February 2010. 7.     The sentence was imposed on him by the Criminal Court on 14   March 2012 for drug related offences. The Criminal Court also ordered him to pay a fine of 23,500 euros (EUR) as well as EUR 1,462.94 in fees payable to the experts, which were to be converted into a further term of imprisonment if not paid. On 13 April 2012 the aforementioned sums were converted into   490 days’ imprisonment. Following an amnesty and payment of the fee for the experts, the applicant was released on 14 April 2016 and flown back to Costa Rica after being given the requisite vaccinations. 8.     On 12 July 2013, between 2 p.m. and 3 p.m., the applicant was assaulted by another inmate, causing the former to allegedly lose consciousness and sustaining fractures to his facial and leg bones. The Government admitted that the applicant had sustained injuries to his leg and face but argued that there was no evidence that he had lost consciousness at any time. 9.     According to the applicant, disciplinary measures were taken by the prison Chief Security officer, who ordered that he be placed in solitary confinement. Thus, despite his condition, the applicant had had to pack his belongings and walk to the solitary confinement unit. At an unspecified time the prison officer brought the applicant a pair of crutches to assist him walking. According to the Government, disciplinary measures were taken against another inmate involved in the incident but not against the applicant, who had been transferred (from Division 2) to Division 6, a more secure division, immediately after the incident. They also submitted that the applicant had not been placed in solitary confinement. 10.     The applicant alleged that he did not receive any medical treatment for one or two hours after the incident had taken place. Thereafter he had been kept in solitary confinement without assistance from the prison medical staff. The applicant explained that he had subsequently been seen by a doctor, who had referred him to the hospital, where he underwent surgery. He stated that a plaster cast had been put around his leg and that he had been informed that he might need to undergo surgery if his eyesight was damaged as a result of the injury of his facial bone. Regarding the period of solitary confinement, the applicant claimed that he had been held on the second floor of the building and had not been allowed to see anyone or to use the communal areas. 11 .     According to the applicant, the cell did not have adequate ventilation, the heat was unbearable and there was no cold water to drink since he did not have access to the ground floor. Consequently he had to drink warm water and an occasional bottle of cold water (when his friend managed to obtain one). The applicant claimed that he had specifically needed to drink water since he was taking antibiotics. 12.     The heat and lack of ventilation caused the applicant, who is an asthma sufferer, to struggle with his breathing. He also complained that he had had to go to the clinic for treatment of his injuries himself since the nurses refused to visit his cell because of the unbearable heat. He had therefore had to use the staircase whilst still walking with crutches. 13.     The applicant stated that he had been kept in the isolation unit for twenty-two days, and after five days had become suicidal. Subsequently he had been transferred to a unit that had fewer restrictions. The applicant complained that he had been placed in the same unit as his aggressor, putting his physical integrity at risk since he could have been attacked again. 14 .     The applicant submitted that upon his release from solitary confinement, he had spent most of his time in his cell. On an unspecified date he had asked to see a psychologist urgently, but was not able to speak to one for twenty-seven days. The psychologist referred the applicant to a psychiatrist, who eventually prescribed medication. However, the applicant had refused to take the medication and claimed that the psychiatrist had refused to help him. Later, he had refused to consult the prison psychiatrist because he no longer trusted the prison staff and did not want to be sent to a psychiatric hospital since the facilities there were allegedly worse than those in the prison. 15 .     According to the Government the applicant was admitted to the medical infirmary of the prison at 4.15 p.m. on 12 July 2013 and a referral to the emergency department of the state hospital was made at 5 p.m. The referral note issued by the doctor indicated that the applicant had swelling in the face, a bruise on one loin, and severe swelling with limited movement in his right ankle. At an unspecified time on the same day he was provided with a pair of crutches by the prison medical infirmary. On the same day he was also admitted to hospital and returned to cell 8 in Division 6 on 14   July 2013. The case summary drawn up on 14 July – before his discharge ‑ and submitted to the Court showed that all the medical investigations had been concluded and the results received prior to his discharge from hospital. According to the case summary the ankle x ‑ ray revealed a fracture and there was subluxation of the right foot; there was a head injury, specifically a fracture of the orbit and of the maxillary sinus; there were no signs of injury or fluid collection in the internal organs; an ophthalmic review had been carried out and the patient had been discharged from that department as well as from the orthopaedic ward where he had undergone tests and treatment for his bone injuries. The summary also showed that the applicant had to use crutches and to avoid bearing weight for the two weeks leading up to his outpatient appointment, after which he still would not be able to bear weight fully. It ordered a change of dressing to be undertaken within three days and prescribed appropriate medicines. Records also showed that a nurse had visited Division 6 to attend to the applicant on 15 July – the note in the register reads as follows: “Nurse   C. and S. came to Division 6 at about   11.35 am to visit Fernando Soto in his cell”. Other notes show that a nurse went to Division 6 on subsequent days to give inmates medication, without indicating their names. Another note also showed that a certain Ms   M. (whose role is unidentified) visited the applicant on 16 July. 16 .     The Government submitted that the applicant had been held in Division 6 for his own safety. The Chief Security officer had ordered that the applicant should not meet the other inmate involved in the argument and that the applicant’s cell be opened for seven hours a day until further instructions. The applicant was initially placed in cell 8 (on the upper floor of Division 6), which was about six metres away from the guard room, thus making it possible to observe the applicant’s cell, which was to be left open. The Government submitted that, by order of a manager, on 21   July 2013 the applicant had been allowed to mingle with all other inmates without restriction. The applicant had then been transferred to cell   13 on a lower floor as soon as it was deemed safe for him, specifically on 26   July 2013. On 7 August 2013 he had been transferred to Division 5, which was also a secure division although it had fewer restrictions. The applicant was finally transferred to Division 3 on 22 October 2013. According to the Government, the applicant had never been kept in solitary confinement, nor had the inmate involved in the argument with the applicant been accommodated in any of the above-mentioned Divisions while the applicant was there, except for a short stay in Division 6. 17 .     According to the Government the first request for psychological services made by the applicant had been in April 2014. According to the documents submitted, thereafter he was seen monthly by the psychologist until April 2015 and later three or four times per month until his release in 2016 (from November 2015 onwards he had been seen by a counselling trainee). Moreover, in April 2015 the applicant had been referred for psychiatric services by the psychologist. The Government submitted that although the applicant had a past history of being suicidal, there was no record that he had attempted suicide during the period he was detained in Division 6. The report prepared by the senior psychologist in prison (dated 27   April 2015) noted that the applicant attended his sessions regularly and was making progress. It noted that he felt guilty for not having made amends with his mother before her death (a few months earlier) and that he had deliberately provoked a fight. The report described the applicant as being “edgy and hyper-vigilant but not psychotic”, his sleep was not problematic, his appetite was normal and he was cooperative. He had been diagnosed with post-traumatic stress disorder, but no other affective disorder was evident. He was put on medication for depression and further follow ‑ ups with the psychologist. He was seen again in a follow-up session with the psychiatrist on 4 May 2015, but on 1 June 2015 he refused a psychiatric review. 18 .     In a letter dated 10 July 2014, the applicant alleged that he had not received rehabilitative treatment for his fractures since the prison officials had unilaterally decided to cancel the treatment. According to the Government, on 14 July 2013, prior to being discharged from hospital, the applicant had been seen by a physiotherapist and found fit for discharge. The applicant had also been given three appointments (between July and August 2013) with the ENT department of the hospital in connection with his facial injuries. On 20 July 2013, the applicant had been referred by the prison medical officer to the emergency department of the hospital because of a recurrent swelling of his right ankle. The applicant had at the time already been taking antibiotics and his stitches were intact. On 21   July, 31   July, 28 August, and 30   October 2013, x-rays were taken of the applicant’s right ankle by the orthopaedic department of the hospital. The applicant was also referred to the ophthalmology department on 5   August 2013. Further referrals to hospital were made by the prison medical doctor, but the Government claimed they were unrelated to the injuries suffered as a result of the incident on 12 July 2013. One such referral was made on 13   June 2014. An outpatient service appointment record given to the applicant listed appointments scheduled for 18 November 2014 and 6   February 2014 at the medical outpatients’ clinic, which the applicant also attended. It is recorded that the applicant refused to attend an appointment scheduled for 12 June 2015. 19.     In a subsequent letter dated 11 May 2015 (at a time when he was held in Division 3) the applicant explained that his cell window was positioned at a height of two metres and was therefore very difficult to open. It was also small and had three different bands of metal shutters, which hampered the entry of natural light. He claimed that his cell had lacked good ventilation – although there were two vents, one of them had been blocked. He alleged that the parts of the ceiling were falling apart and that white and yellow dust caused him to experience breathing problems, since he was an asthma sufferer. The applicant also alleged that the water was not drinkable and that he had therefore had to buy water with the little money that he earned. He claimed that foreign inmates were treated differently from the Maltese inmates since the former had to wait longer to have their petitions decided. 20.     The Government submitted that at the time when this letter was written, the applicant was accommodated in cell 154 in Division 3. 21 .     The Government submitted that inmates were responsible for the upkeep of their cells. For this purpose, the materials needed to carry out basic repair work in the cells were provided free of charge. If an inmate required assistance for more specialised work, the Trade Section personnel would carry out the work necessary to keep the cell in good condition. The Government submitted pictures dated 2016 showing that the ceiling in cell   154 was in good condition and that the current resident was carrying out some works and removing paint from the ceiling, exposing the stone underneath. 22.     The Government submitted that all the cells were equipped with running water which was fit for human consumption. According to certification dated 2015 that has been submitted to the Court, water in the prison (no specific location was indicated in the reports) had been certified by the Public Health Laboratory as being fit for consumption, although the mains supply and the other Divisions (including no. 3) had been recorded as having a chloride content which exceeded the recommended parameter value indicated in the relevant law. The Government submitted that the water was tested and certified approximately every six months. In addition to the availability of running potable tap water, the inmates were allowed to purchase bottled water from the residents’ tuck-shop. 23 .     In 2013, the applicant received EUR 27.95 every four weeks in so ‑ called “Gratuity” money and EUR 46.90 every four weeks for work carried out assembling dolls. Between January 2013 and April 2016 the applicant received EUR 3,526.95 in total. A six-pack of water at the tuck ‑ shop cost EUR 2.24 or an individual bottle EUR 0.38. Government submitted that all inmates received equal treatment irrespective of the State of their origin. 24.     In a letter dated 5 August 2015, the applicant alleged that the prison authorities had refused to forward his letters to the Court in order to dissuade him from pursuing his case before it. He was therefore corresponding with the Court through another address. 25 .     From the records of the correspondence sent by the applicant held at the prison authorities and submitted by the Government, it is apparent that the applicant sent registered letters to the Court on 12   February, 1 April and 3   June 2014 and an unregistered letter on 6 May 2015. No further requests were made by the applicant to send any communication to the Court, although letters were sent by the applicant to other addresses on 3   September, 22 September and 7 October 2015, and on 4   February and 6   March 2016. II.     RELEVANT DOMESTIC LAW 26 .     The relevant domestic law pertaining to this case can be found in Story and Others v. Malta (nos. 56854/13, 57005/13 and 57043/13, §§   49 ‑ 58, 29 October 2015). III.     INTERNATIONAL LAW AND PRACTICE 27 .     In October 2016   the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) published a report on its most recent visit to Malta from 3 to 10   September 2015. In so far as relevant, in connection with the conditions of detention in the Corradino Correctional Facility, it reads as follows: “56.     The delegation noted that some renovations had been undertaken in CCF (for example, of Divisions IV and VII). Further, two of the previously most problematic divisions (Divisions VI and XV) had been closed down. Nevertheless, the remaining divisions provided generally poor living conditions for the inmates, and this was particularly the case in Divisions II, III and XIII. While most cells were sufficient for single occupancy (measuring some 9m²), the dormitory rooms at CCF (for example in Division XIII) were cramped, with nine inmates held in approximately 30m² (i.e. significantly less than the minimum standard of 4m² of living space per prisoner in a multiple-occupancy cell recommended by the CPT). Many of the cells were excessively hot (over 30 degrees Celsius at the time of the visit) with poorly functioning ventilation. Further, some of the cells were in a bad state of repair, with mould or ingrained dirt evident on the walls and around the windows. Many of the washrooms were dirty, some showers lacked shower ‑ heads and there were problems with drainage, which reportedly caused water to leak into the nearby cells (especially on the ground floor of Division XIII). The in-cell toilets were unscreened, had mal-functioning flushes, and the water was cut off intermittently. This was particularly problematic given an outbreak of diarrhoea among the prisoners during the delegation’s visit (...). Prisoners did not believe that in-cell water from the sinks was safe to drink and the staff concurred with them. Many prisoners, especially those inmates who only lived off the basic €27 monthly allowance, complained to the delegation about the lack of ready access to safe drinking water and the need to buy bottled water. The divisions had individual or shared exercise yards, which consisted merely of a stretch of bare tarmac. They were not equipped with any means of rest (let alone any sports or recreational equipment) or any shelter to protect prisoners from sun or rain. The yards were extremely hot, and at the time of the visit, the delegation noted that not a single prisoner made use of them during the day. By letter dated 4 November 2015, the Maltese authorities informed the Committee that renovations of Divisions II and III were envisaged and would be completed by the end of 2017. Further, the authorities planned to connect each division to the main water supply and to install two taps in each division to enable inmates to access drinking water. 58.     The CPT welcomes these initiatives. Nevertheless, the CPT recommends that the Maltese authorities take the necessary steps to improve the living conditions at CCF and, in particular, to: reduce the occupancy levels in multi-occupancy dormitories to ensure that each prisoner has at least 4m² of living space; undertake a systematic refurbishment of the cells and sanitary facilities in Division XIII; expedite the planned refurbishment works of Divisions II and III; provide, until such time as ready access to potable water is assured, inmates with an appropriate amount of free drinking water; and equip the exercise yards with a shelter to protect inmates from inclement weather and a means of rest and, preferably, provide sports/recreational equipment. b.   regime and activities 59.     As regards the regime of activities on offer, the aim should be for all inmates to spend a large part of the day engaged in purposeful activities of a varied nature. At the time of the visit, the activities on offer included access to the gym and football ground, educational courses on music, information technology and languages, technical courses on stone masonry and carpentry and lifeskills programmes including on positive parenting and first aid. Work was also on offer to prisoners, mainly in the form of toy doll construction. The CPT’s delegation welcomed the fact that more than 80% of all the inmates had access to some kind of work or education; the situation in this respect had improved since the 2011 visit. .... 6.     Health-care services a.   medical care 65.     The CPT’s delegation noted that all newly-arrived prisoners in general were given, as soon as possible, and no later than 24 hours after their admission, a comprehensive medical examination by a health-care professional. In respect of health-care staffing at CCF, there were three General Practitioners (GPs) on contract with the prison, who provided a clinic onsite from Mondays to Fridays, from 4 p.m. until 8 p.m. Two of these GPs also provided on-call services overnight and at weekends. Five or six nurses were on duty every day, from 7   a.m. to   8.30 p.m., and one nurse attended to the administration of methadone between 7   a.m. and midday every day, including weekends. A psychiatric clinic was held on Mondays and Fridays with the services of two consultant psychiatrists, who were supported by a staff-grade psychiatrist. Now, inmate patients wishing to see the psychiatrist had to be first referred by the GP. A dentist visited CCF every Tuesday and Wednesday (and a dental hygienist visited on Thursdays) and examined 12 to   15 patients every week. There was also a pharmacist, who attended CCF from Mondays to Fridays between 11   a.m. and   3   p.m. 67.     The CPT’s delegation had some serious concerns about the co-ordination of health-care services and the guarantee of medical confidentiality at CCF. At the time of the visit, two experienced (and committed) prison officers were responsible for co ‑ ordinating the activities of the health-care service. They were also responsible for ensuring the security as part of their ordinary role as prison officers and the administration of hospital appointments. In the delegation’s view, the management was over-relying on prison officers to co-ordinate and manage health-care services at CCF. Further, these officers had ready access to the medical records and indeed were responsible for the filing of correspondence. In this respect, medical confidentiality was not guaranteed. The CPT recommends that the Maltese authorities take steps to: ensure that medical confidentiality is strictly guaranteed and that prison officers do not have access to medical records; and review the co-ordination of health-care by prison officers at CCF and, in this respect, it invites the authorities to consider the possibility of recruiting a fulltime health-care staff member to oversee co-ordination and management of the health ‑ care services provided at CCF. 68.     The delegation was also concerned about the management of medicines and the procedure and manner in which medicines were distributed to inmates at CCF. Staff interviewed by the delegation also raised several concerns in this respect. For instance, psychiatric medicines were mixed together and dissolved in a cup of water, every morning, and issued to inmates either once, twice or three times later that same day. Such an arrangement takes no account of the pharmaco ‑ kinetics of the individual drug, its bioavailability or any potential interactions with other psychiatric drugs. The pharmacist explained that sometimes such a mixture might be green in colour and at other times the same drugs are pink in colour. This concern was also raised by some inmates in subsequent interviews with the delegation. 69.     The delegation also observed that medicines were removed by nursing staff from their original packets and put into open containers, whose labels did not include any expiry date. The containers were simply topped up by the nursing staff as stocks dwindled, with the result that the expiry dates of individual tablets within these containers were not known at the time that they were administered. If a particular stock ran low, then it was likely that tablets taken from the bottom of the container would have passed their expiry date. Moreover, in making up the medicines for inmates, the nursing staff took a number of pills from the open containers and placed them in a tub which had the inmate’s name on the lid only. In essence, this meant that if the wrong lid was put on the wrong tub, an inmate would get the incorrect medication. 70.     (...) In addition, while prescriptions were annotated by doctors, there was often no review date of prescriptions with the result that it was unclear, in many cases, how long the medicines should be continued to be administered. Overall, the current administration of medication at CCF, and particularly the administration of psychotropic medication, was unsafe. The CPT recommends that the authorities review the current practices around the management of medicines at CCF in light of the above remarks, and ensure that unsafe practices around the administration of psychotropic medication cease. 71.     By letter dated 4 November 2015, the Maltese authorities informed the Committee that a review of the health-care system at CCF was being undertaken, in order to terminate the current contractual system. The employment of full-time medical staff was also under consideration. The CPT welcomes the review and would like to receive a copy of the review report and recommendations. b.   self-harm and suicide prevention 72.     The delegation observed that there was no strategy in place regarding the management of those thought to be at risk of self-harm. For instance, there were no clear guidelines available to health-care staff on how to address incidences of food refusal. 73.     The CPT’s delegation noted that cases of self-harm and attempted suicide were not systematically recorded at CCF and there was no specific self-harm or trauma register. One of the reasons for this, according to staff interviewed, was that ordinarily at-risk prisoners were transferred from CCF to the Forensic Unit at Mount Carmel Hospital, where they usually remained for a few days. While the fact of the transfer was recorded, only in very few of these cases was any reference made to the risk of self-harm/ suicide attempts. It was more common to simply find the word “confused” written in the records. Moreover, there were no hand-over or follow-up procedures concerning those prisoners who returned to CCF from the psychiatric forensic units in Mount Carmel Hospital. Thus, appropriate handover and follow-up procedures should be established at CCF for returning prisoners from the psychiatric forensic units at Mount Carmel. 74.     As regards suicide prevention policies, it is clear that CCF needs to put in place procedures for the identification of prisoners who may be at risk of suicide or self ‑ harm and draw up a protocol for the management of prisoners identified as presenting a risk. To begin with, medical screening on arrival, and the reception process as a whole, has an important role to play in suicide prevention; performed properly, it should assist in identifying those at risk and relieve some of the anxiety experienced by all newly-arrived prisoners. The screening process should include a suicide risk assessment using an identified screening tool. Moreover, it is essential that the prevention of suicide, including the identification of those at risk, should not rest with the health-care service alone. All prison staff coming into contact with inmates – and, as a priority, staff who work in the reception and admissions units – should be trained in recognising indications of suicidal risk. The sharing of information concerning suicidal tendencies with prison staff can be considered as an ethical necessity in light of the possible consequences that inaction may entail. In this connection, it should be noted that the periods immediately following admission to prison as well as before and after trial and, in some cases, the pre-release period, are associated with an increased risk of suicide. Upon identification of prisoners potentially at risk, steps should be taken to ensure a proper flow of information within the establishment. All persons identified as presenting a suicide risk should as a first step benefit from appropriate support and association. Further, if required, such persons should be subject to special precautions (placement in a ligature-free room and provision of suicide-proof clothing) and, where there is a high risk of suicide, the prisoner should be under constant observation by a member of staff who should engage in a dialogue with the prisoner. The need for enhanced contacts (i.e. family visits and telephone calls) should be individually assessed. The CPT recommends that the Maltese authorities ensure that a comprehensive suicide prevention and management approach is introduced at CCF, taking into account the above remarks. (...) 7.   Other issues (...) b.   disciplinary procedures, segregation and solitary confinement 80.     It is in the interests of both inmates and prison staff that clear disciplinary procedures be both formally established and applied in practice; any grey zones in this area involve the risk of unofficial (and uncontrolled) systems developing. Disciplinary procedures should provide prisoners with a right to be heard on the subject of the offences that they allegedly had committed, and to appeal to a higher authority against any sanctions imposed. Further, if other procedures exist ‑ alongside the formal disciplinary procedure ‑ under which an inmate may be involuntarily separated from other inmates for discipline-related/security reasons (e.g. in the interests of good order within an establishment), these procedures should also be accompanied by effective safeguards. 81.     As regards the disciplinary procedures at CCF, according to the law an inmate found guilty of a disciplinary offence may undergo the following punishments: caution; forfeiture or postponement for any period of any of the privileges; exclusion from associated work for a period not exceeding fifty-six days; cellular confinement not exceeding thirty days; or forfeiture of not more than one hundred and twenty days of remission. ( ...) 87.     The CPT’s delegation noted that ‘problematic ‘prisoners placed on Divisions V and XIII were subjected to a particularly restrictive regime compared with other prisoners. On both divisions, the inmates had little to do and were locked in the divisions for long periods of the day, save for a couple of hours when they were allowed to exercise in the divisions’ exercise yards. The vast majority of these inmates (including all those on Division XIII) had no access to education, activities, work or regular religious worship; all those interviewed by the delegation complained about the lack of any purposeful activities. Moreover, on Division V, some inmates had even resorted to hunger strikes in order to be allowed to attend the prison church. The restrictive regimes on Divisions V and   XIII applied to all inmates, regardless of their classification, and included some life-sentenced prisoners. By letter dated 4 November 2015, the Maltese authorities informed the Committee that a limited education service would be introduced on Division   V and that work opportunities in maintenance would be offered to a greater number of inmates on Division V. The CPT welcomes these initiatives. It would like to receive confirmation from the authorities when these measures have been introduced. The CPT recommends that inmates on Division XIII be provided with access to a full range of education services, work opportunities, access to a place of worship and sports and recreational activities. It also encourages the authorities to further expand the opportunities available to prisoners on Division V. Further, it would like to receive information on the number of inmates in Division V who attend education and are involved in work, and for how many hours per day such activities are performed. 88.     Removal from association and placement on Division V was part of the formal discipline and good order procedure of CCF. In contrast, the placement procedure and the safeguards surrounding placement on Division XIII, which resulted in a restrictive regime for the inmate concerned, were opaque and little understood by the inmates. Inmates did not know why they had been placed on such a division, or for how long they would be accommodated there. Inmates were also unaware of any avenues to appeal or challenge the placement decision. Moreover, some inmates were placed there immediately upon arrival due to the lack of a formal induction procedure or area at CCF as well as due to the lack of other available accommodation on any other division. In the delegation’s view, placement on Division XIII was treated by the staff as an informal punishment, and was perceived as such by the inmates. Similar concerns about the existence of an informal punishment system on the so ‑ called “high-security unit” of Division VI had been raised by the CPT in 2011. At the time of the 2015 visit, staff acknowledged that the same type of inmate, who had previously been placed on Division VI, was now being placed on Division XIII. Further, the delegation noted that the Prison Regulations had still not been amended to provide a remedy against the placement decision entailing segregation from the mainstream prison population. 89.     In the CPT’s view, placement on a restricted regime or in special security conditions should be based on an individualised assessment of the actual risks, and the prisoner concerned should as far as possible be kept fully informed of the reasons for the measure in writing. In addition, the prisoners concerned should be entitled to appeal the decision on placement, or its renewal, to an independent authority. The CPT recommends that the Maltese authorities amend the Prison Regulations to ensure that, in particular: placement on a restricted regime or in special security conditions should be based on an individualised assessment of the actual risks; the prisoner concerned should as far as possible be kept fully informed of the reasons for the measure in writing; and the prisoner concerned should be entitled to appeal the decision on placement, or its renewal, to an independent authority. 90.     As regards solitary and cellular confinement for discipline purposes, section 68 of the Prison Regulations stipulates that ‘the Director may order a violent prisoner to be confined temporarily in an appropriate cell [and] if the Director keeps such order in force for more than forty-eight hours he shall consult the Medical Officer and shall inform the Chairman of the Board’. In CCF, solitary confinement on account of violence was resorted to in one of three adjoining cells, built in 2000 and designated as single rooms used for medical and disciplinary isolation purposes, situated next to the Infirmary. Each of the three cells had a bed plinth with a mattress and a toilet annexe. The cells had access to natural light and adequate ventilation and each had a call-bell. From examination of the relevant registers and interviews with prisoners and staff, it was clear that these cells were only occasionally used. Of the nine placements from January 2015 until the date of the CPT delegation’s visit, seven had been for medical observation reasons and two for disciplinary purposes. The disciplinary cases had both involved the same person and each had lasted less than 48 hours. The seven medical cases had lasted seven, four, seven, five, two, one and three days respectively. As regards the sanction of cellular confinement for up to a period of 30 days, the CPT understands that this measure means that the inmate is kept in his or her cell. Therefore, in most cases in CCF (given that most of the prisoners have single-cell accommodation) this measure means being placed in effective solitary confinement for 30 days. The CPT recalls that solitary confinement as a disciplinary sanction should not last for a period of more than 14 days consecutively. Thus, it recommends that the Prison Regulations be amended to reflect this.” 28 .     In their earlier report, published on 4 July 2013, the CPT had already commented on Division 6, recommending that occupancy levels be reduced and access to natural light and artificial lighting be improved. It was also recommended that Divisions 2 and 3 be renovated as a priority (see Story   and   Others , cited above, § 61). That report had also stated: “15.     Material conditions were quite simply appalling in Division 6, where most of the cells, intended to be used for single occupancy only, were accommodating two inmates. There was hardly any access to natural light, and access to both artificial lighting and ventilation were poor. The cells were only equipped with one bed and another mattress, placed on the floor (and a blanket for each inmate), and an unpartitioned floor toilet. In addition, the toilet flush did not work in some of the cells. (...) 17.     In Divisions 2 and 3, material conditions were also far below any acceptable standard. Cells were in a very poor state of repair and had only very limited access to natural light. Another major problem was the high level of humidity in many cells, caused by water leaking from the ceiling. In this regard, cell no. 51 in Division 2 (which also had no window) and cell no.   114 in Division   3 were particularly affected. The latter cell was extremely dilapidated and so humid (with water running down the walls) that the prisoner could not keep any personal belongings in his cell. Moreover, in many cells, the toilet flush was not functioning, and, in particular in Division 3, most of the shower facilities (including the sinks) were broken. 18. Division 5 and the so-called “New Infirmary” were found in the same dilapidated conditions as in 2008. In addition, many cells were very small and access to natural light very limited. (...) 22.     The criteria for placement of prisoners in the so-called “high-security unit” (Division 6) appeared to be particularly unclear. ... Also in other cases it was not uncommon for prisoners to be transferred to Division 6 by verbal order of the Director without an individual risk assessment. Moreover, the current legislation does not provide for a legal remedy against the segregation of prisoners from the mainstream prison population (“removal from association”). In the CPT’s view, placement in special security conditions should be based on an individualised assessment of the actual risks, and the prisoner concerned should as far as possible be kept fully informed of the reasons for the measure in writing. In addition, the prisoners concerned should be entitled to appeal the decision on placement, or its renewal, to an independent authority. The CPT recommends that the Maltese authorities amend the relevant regulations and take appropriate measures, in the light of the above remarks.” THE LAW I.     PRELIMINARY ISSUE 29.     In their first round of observations (dated 12 July 2016), relying on Abdi Ahmed and Others v. Malta ((dec.), no. 43985/13, 16   September 2014), the Government submitted that the application should be struck out as the applicant had failed to transmit the information that he had been released from prison, showing that he was no longer interested in pursuing the application. 30.     On 1 September 2016 the applicant submitted his observations in reply. The submissions as well as the claims for just satisfaction were submitted to the Court by the applicant’s legal representative and, as evidenced by a copy of an email annexed to them, the applicant himself had instructed his representative in this regard. The applicant’s legal representative further enquired as to the progress of the application in a letter dated 17 August 2017. 31.     The Court notes that in Abdi Ahmed and Others, relied on by the Government in connection with complaints, inter alia , of removal under Article 3 of the Convention, the applicants’ representatives had been specifically asked to supply information on the applicants’ asylum proceedings following the application of a Rule 39 measure to stop an alleged “pushback”. However, they had been unable to do so in respect of the three applicants, in respect of whom the Court concluded that they had become untraceable, or in any event that there had been severance of contact between the mentioned three applicants and their representatives. In the light of those facts the Court found that those three applicants did not intend to pursue their applications. Also bearing in mind that their complaints were identical to the ones brought by the other ninety ‑ nine applicants, the Court considered that there were no special circumstances regarding respect for human rights as defined in the Convention or its Protocols which required the continuation of the examination of the application in respect of those three applicants, and proceeded to strike out their applications (ibid, §§   40 ‑ 45). 32.     In the present case the circumstances are entirely different, there is no doubt that the applicant is still in contact with his legal representative, despite his release from detention, and that he still wishes to pursue his application, as is evidenced by his submissions in reply and his recent letter enquiring as to the stage reached in the proceedings. 33.     Accordingly, the Court rejects the Government’s request to strike the application out of its list of cases under Article 37 § 1 of the Convention, and continues the examination of the case. 34.     In so far as the applicant’s failure to inform the Court that he had been released could be considered as an objection on the grounds of abuse of petition the Court reiterates that any conduct of an applicant that is manifestly contrary to the purpose of the right of individual application as provided for in the Convention and impedes the proper functioning of the Court or the proper conduct of the proceedings before it constitutes an abuse of the right of application (see Miroļubovs and Others v. Latvia , no.   798/05, §§   62 and 65, 15 September 2009). However, the rejection of an application on grounds of abuse of the right of application is an exceptional measure (see Miroļubovs and Others , cited above, § 62) and has so far been applied only in a limited number of cases. In particular, the Court has rejected applications as abusive under Article 35 § 3 of the Convention if they were knowingly based on untrue facts or misleading information (see Gross v.   Switzerland [GC], no. 67810/10, § 28, ECHR 2014; Pirtskhalaishvili v.   Georgia (dec.), no.   44328/05, 29 April 2010; Khvichia v.   Georgia (dec.), no.   26446/06, 23 June 2009; Keretchashvili v.   Georgia (dec.), no.   5667/02, 2   May 2006; and Řehák v. Czech Republic (dec.), no.   67208/01, 18   May 2004), or if they manifestly lacked any real purpose (see Jovanović v.   Serbia (dec.), no.   40348/08, 7   March 2014), or if they contained offensive language (see, for example, Řehák , cited above) or if the principle of confidentiality of friendly-settlement proceedings had been breached (see, for example, Popov v.   Moldova (no. 1) , no.   74153/01, §   48, 18 January 2005). 35.     In the present case, the application was lodged on 1   April 2014 and the applicant, at the time unrepresented, maintained regular contact with the Court. The application was communicated in March 2016 and the applicant was released on 14 April 2016 after having served his sentence and having benefited from full remission. While it is true that the applicant did not immediately inform the Court of his release, the Court observes that his release occurred during the period of time allowed to the Government to make observations. Indeed the letter sent by the Court’s Registry on 22   March 2016 informed the applicant that the Government had been asked to submit their observations by 12 July 2016 and that such observations would then be sent to him in order that he may submit his reply and claims for just satisfaction. That information was followed by an instruction in bold stating “Please do not send any submissions before being asked to do so by the Court”. That being so, the Court considers that the applicant cannot be blamed for not having informed it of his release before the Government did so in their observations of 12 July 2016. 36.     There is therefore no reason to question the applicant’s behaviour and any objection to this effect must be dismissed. II.     ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 37.     The applicant complained that the prison officers had not taken enough measures to protect his life, particularly in connection with the failure to provide medical assistance after he had been injured by another inmate. He complained further that he had been put in solitary confinement after that incident had taken place and that he h