CENBAUER v. CROATIA JUDGMENT 13 inmates should be afforded prison conditions which are in conformity with Article 3 of the Convention. 48. It was further undisputed that there was no toilet or running water in the applicant's cell. As to the possibility of using the common toilet, the Government argued that the inmates always had access to it. The applicant claimed that he had had no access to the toilet when he was confined to his cell or during the night. Instead, he had had to urinate in plastic containers and then dispose of their contents at a later time. The CPT and the Court's delegation both observed the problem. The Court therefore accepts the applicant's assertion and considers that such a practice was humiliating and contributed to the unsanitary conditions in his cell. 49. The Court must further establish how many hours a day the applicant had been confined to his cell. The Government submitted that the prisoners were entitled to outside exercise twice a day and that their meals were served outside their cells. They also had a common TV room. However, both the Government and the applicant failed to specify the exact number of hours a day for which the non-working prisoners were confined to their cells. Taking into account the facts as established in Benzan (cited above), in particular the information obtained from Mr Benzan himself, the Court observes that the prisoners in B wing spent several hours a day outside their cells, having meals and taking outside exercise. However, it also appears that they were confined to their cells between 7 p.m. and 7 a.m. and for several hours during the day. The Court considers this period to be substantial. 50. The Court further takes note of the other complaints raised by the applicant, concerning mouldy walls, the dirtiness of his cell and the overall unsanitary conditions, for which the Government have produced no convincing explanation. It considers that the established factors of insufficient space coupled with a lack of access to the toilet for over twelve hours a day are in themselves sufficient to cause the applicant hardship of an intensity exceeding the unavoidable level of suffering inherent in detention. 51. The Court recognises that, following Benzan, the Government have undertaken the necessary steps and renovated the wing in question. The foregoing proves that the Government have shown a willingness to comply with the recommendations of the Court and of other bodies of the Council of Europe, a fact that cannot be disregarded. On the other hand, it cannot exculpate the Government with regards to the events preceding the renovation. 52. In the instant case, the applicant spent about two years and three months in B wing prior to its renovation. During that time he was exposed to the conditions described above, which in the Court's view amounted to degrading treatment contrary to Article 3 of the Convention. 53. There has therefore been a breach of that provision.