Review article
The Right to Suitable Prison Accommodation with Reference to the Judgement of the European Court of Human Rights in Muršić v. Croatia
Marina Zagorec
; Visoki upravni sud Republike Hrvatske, Zagreb, Hrvatska
Abstract
Every person held in custody retains all other rights he or she possesses as a human being. Accordingly, accommodation of imprisoned persons, as the fundamental human right, becomes one of the basic requirements of any modern and humanized prison system.
In her paper, the author intends to provide a brief historical overview of the development of the prison system from the aspect of prison accommodation and normative regulation of the right to appropriate prison accommodation.
A comparative analysis of the normative regulation and the case law of the European Court of Human Rights indicates the uniformity of the existing national legislation with the international instruments. At the same time, it reveals a number of infringements detected in relation to prisoner accommodation through the case law of the European Court of Human Rights.
The author draws attention to the special importance of prisoner accommodation by analysing the recent judgement of the European Court of Human Rights in Muršić v. Croatia. The specific feature of the analysis of the above-mentioned judgement lies in the fact that the European Court of Human Rights for the first time harmonized the previous case law in respect of infringement of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because of a lack of personal space in a prison cell, making the judgement a precedent for both national and international administration of justice.
Keywords
suitable accommodation; detainees; custodial sentence; judgement of the European Court of Human Rights in Muršić v. Croatia.
Hrčak ID:
215758
URI
Publication date:
10.1.2019.
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