CENBAUER v. CROATIA JUDGMENT 1 In the case of Cenbauer v. Croatia, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Christos Rozakis, President, Loukis Loucaides, Françoise Tulkens, Peer Lorenzen, Nina Vajić, Dean Spielmann, Sverre Erik Jebens, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 14 February 2006, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 73786/01) against the Republic of Croatia lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Croatian national, Mr Miroslav Cenbauer (“the applicant”), on 14 January 1997. 2. The Croatian Government (“the Government”) were represented by their Agents, first by Ms L. Lukina-Karajković and subsequently by Ms Š. Stažnik. 3. The applicant complained, in particular, that the conditions of his detention at Lepoglava State Prison amounted to inhuman and degrading treatment contrary to Article 3 of the Convention. 4. The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5. The application was allocated to the First Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 6. By a decision of 5 February 2004, the Chamber declared the application partly admissible. 7. The Government, but not the applicant, filed observations on the merits (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).