CENBAUER v. CROATIA JUDGMENT
9
Section 78
“(3) Inmates shall be served at least three meals daily with a calorific value of at
least 3,000 kcal per day. The content and the nutritional value of the food shall be
supervised by a doctor or other medically qualified person.”
THE LAW
I. THE GOVERNMENT'S PRELIMINARY OBJECTION
25. The Government maintained that the applicant had failed to exhaust
domestic remedies as required by Article 35 of the Convention, the relevant
parts of which provide:
“1. The Court may only deal with the matter after all domestic remedies have been
exhausted, according to the generally recognised rules of international law ...
...
4. The Court shall reject any application which it considers inadmissible under this
Article. It may do so at any stage of the proceedings.”
26. The Government argued that the applicant should have lodged a
complaint with the judge responsible for the execution of sentences (sudac
izvršenja) under section 17 of the Enforcement of Prison Terms Act. In this
connection, they produced the copy of a decision of the Varaždin County
Court (Županijski sud u Varaždinu) dated 17 December 2003, in which that
court had accepted a similar complaint in the case of V.Š., an inmate serving
his term at LSP. It had found that V.Š. had been in a cell smaller than the
minimum size prescribed by law, that this fact violated his rights, and that
he was to be transferred to another cell of appropriate size. With regard to
his claim for damages, the Varaždin County Court had instructed V.Š. to
institute civil proceedings against the State.
27. The Government considered that the above decision proved the
effectiveness of a complaint under section 17 of the Act in respect of poor
prison conditions. Since the submitted decision had been given shortly after
the applicant had served his prison term, the Government claimed that the
applicant should also have filed such a complaint prior to the lodging of his
application.
28. The applicant disagreed with the Government. He maintained that
the submitted decision was of no relevance to his case as it had in any event
been given after he had been released from LSP.