The highest security measures imposed on high-risk prisoners and the violation of the prohibition of inhuman treatment
JUDGMENT
Michał Korgul v. Poland 21-03-2017 (no. 36140/11)
SUMMARY
The imposition of high security measures on prisoners is a degrading treatment. The case essentially concerned the applicant’s complaint about the high security measures which he was submitted in criminal proceedings brought against him for armed robbery. These measures were implemented on the ground that he was aggressive and threatening, for the rest of his co-prisoners. He was isolated from the other prisoners and was submitted to thorough body searches every time he came out or entered the cell. The ECtHR found a violation of Article 3 concerning the imposition of the maximum-security regime.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant, Michał Korgul, is a Polish national who was born in 1987 and is detained in Lublin (Poland). The case essentially concerned his complaint about the high-security measures to which he had been subjected in the context of criminal proceedings brought against him for armed robbery. Mr Korgul was classified as a dangerous detainee and placed under a high-security regime for two periods covering nearly two years, in 2011 during his detention on remand, and then from 2012 to 2013 following his conviction and transfer to a prison. These security measures were applied and extended on the ground that he had been aggressive and threatening to prison guards. The measures were lifted in November 2011 and in March 2013 when the authorities considered that his
behaviour had improved and that he no longer posed a threat to security.
Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Mr Korgul complained about the special high-security measures to which he had been subjected during his
classification as a dangerous detainee, which had notably involved his segregation from the prison community, his shackling and intrusive strip searches whenever he left or entered his cell.
THE DECISION OF THE COURT
Violation of Article 3 – concerning imposition of the high-security regime
Just satisfaction: EUR 6,000 (non-pecuniary damage) and EUR 1,000 (costs and expenses)
