CEDH · CASELAW;CLIN;ENG — 13 septembre 2007

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 100 August-September 2007 Canali v. France - 26744/05 Decision 13.9.2007 [Section III] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Criminal complaint and application to be joined as a civil party in respect of conditions of pre-trial detention that were incompatible with human dignity: non-exhaustion (article 3)   While in prison the applicant lodged a criminal complaint concerning his conditions of detention and applied to be joined to the proceedings as a civil party. He complained that the toilets were located in the cell without being partitioned off, so that he had to use the facilities in view of other prisoners, that there was a lack of hygiene owing to the failure to mend a leak in the toilets and a lack of pressure in the toilet flush and that there was a danger of electrocution owing to the presence of a loose electrical socket close to a water inlet pipe. He relied on Article 3 of the Convention and Article 225-14 of the Criminal Code. Under the latter it was a punishable offence, in particular, to house an individual known to be vulnerable and dependent in conditions which were incompatible with human dignity. The investigating judge declared the application inadmissible. On an appeal by the applicant, however, the investigation division of the court of appeal ordered a judicial investigation into the facts complained of. The appellate court considered that the prisoner was in a vulnerable situation, that the coercive measures to which he was subject should not undermine his dignity, that his detention amounted at least in part to housing and that he should enjoy a decent standard of hygiene. It added, in particular, that leaving aside the legal impossibility of holding the prison authorities criminally liable, it was for the investigating judge to verify in each case whether the conditions and the abuse complained of were actually incompatible with human dignity. Inadmissible under Article 3 – The investigation division of the relevant court of appeal had ordered an investigation into the question whether the applicant’s conditions of detention were compatible with human dignity. The facts giving rise to the applicant’s complaints had therefore been put before the French courts, which were still in a position, should the facts be established, to remedy the alleged   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes