In December 1993 Croatian national Miroslav Cenbauer was found guilty of several criminal offences, including murder, and sentenced to 12 years" imprisonment. He served part of his prison sentence in Wing B Lepoglava State Prison.
"The Court held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights," the Court said .in a press release.
Cenbauer said that he shared a very small prison cell that had no sanitary facilities or running water with another inmate. At night and at other times when he was confined to his cell, he stated that he had to urinate into a plastic container, because the guards refused to unlock his cell and let him use the toilet. He also claimed that personal hygiene products were provided only every four to five months.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the prison in September 1998 and made several recommendations to improve the poor state of the prison.
In July 2002 a delegation of the Court visited the prison and also reported on the poor conditions.
"The Court recognised that the Government had shown willingness to comply with the Court"s previous recommendations and had since renovated the wing but that that did not exculpate them with regards to the events preceding the renovation," the press release said.
"The Court concluded that the applicant had spent about two years and three months in B wing prior to its renovation and that during that time he was exposed to conditions which amounted to degrading treatment contrary to Article 3. There had therefore been a violation of Article 3 (prohibition of inhuman or degrading treatment)," the press release said.
The Court awarded the applicant 3,000 euros for non-pecuniary damage.