CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 avril 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }   Communicated on 10 April 2018   FIRST SECTION Application no. 3222/16 Jarosław JURGIELEWICZ against Poland lodged on 5 January 2016 STATEMENT OF FACTS The applicant, Mr Jarosław Jurgielewicz, is a Polish national who was born in 1981 and lives in Przeźmierowo. The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. 1.     Conditions of the applicant’s detention The applicant was sentenced to 10 years and 5 months of imprisonment. On 4 June 2008 he started serving his sentence in the Wronki Prison. The applicant claimed that the conditions of his detention from 7   August 2009 to 9 July 2013 in the Wronki Prison in cell no. 268 were marked by inadequate sanitation and ventilation. The cell had had 16.5   m 2 and the applicant had been detained with 4 inmates. The toilet annex was partly separated from the living space by a fireboard partition of 1.5   m in height, without a door. 2.     Civil proceedings against the State On 13 November 2013 the applicant lodged a civil action against the State Treasury, seeking compensation for the alleged breach of his personal rights and dignity. On 12 November 2014 the Poznań Regional Court ( Sąd Okręgowy ) dismissed the applicant’s action and ordered him to pay 1,000 Polish zlotys (approximately 250 euros) in costs. The court established that from 7   August 2009 to 9 July 2013 the applicant had been detained in cell no.   268 in wing C. It found that the claim, in so far as it related to the applicant’s detention before 12 November 2010, was time-barred under the 3-year-statute of limitations. The court further established that that the toilet annex in the applicant’s cell did not provide full privacy, but was sufficient. Overall, the court considered that the nuisance caused by the manner in which the cell was fitted with toilet facilities did not exceed the difficulties which were inherent in serving a prison sentence. On 22 October 2015 the Poznań Court of Appeal ( Sąd Apelacyjny ) dismissed the applicant’s appeal, fully adhering to the findings of fact and law made by the first instance court. COMPLAINT Invoking Articles 3 and 8 of the Convention, the applicant complains that he was a victim of degrading treatment during his detention in the Wronki Prison, on account of the lack of separation of the toilet annex which would be sufficient to offer minimum privacy in his cell. QUESTION TO THE PARTIES Has there been a lack of respect for the applicant’s private life, within the meaning of Article 8 § 1 of the Convention? Reference is made to the manner in which cell no. 268 of the Wronki Prison, where the applicant was detained from 12 November 2010 to 9 July 2013, was at the material time fitted with toilet annex and to the alleged resulting lack of privacy (see, mutatis mutandis, Szafrański v. Poland , no.   17249/12, §§   37-41, 15   December 2015).