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CENBAUER v. CROATIA JUDGMENT
8. On 1 November 2004 the Court changed the composition of its
Sections (Rule 25 § 1). This case was assigned to the newly composed First
Section (Rule 52 § 1).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
A. Outline of events
9. The applicant was born in 1971 and lives in Viljevo, Croatia.
10. On 15 December 1993 the applicant was found guilty of several
criminal offences, including murder, and sentenced to twelve years'
imprisonment. He started serving his prison sentence on 4 January 1995 at
Lepoglava State Prison (Kazneni zavod Lepoglava – “LSP”).
11. LSP is a building comprising five wings: A, B, C, D and E. All the
wings have now been renovated. B wing was the last to be renovated, its
renovation being completed in December 2003.
12. The applicant remained at LSP until 27 September 1995, when he
was transferred to another prison. He was admitted to LSP for a second time
on 30 December 1998.
13. On 4 October 1999 the applicant was transferred to Glina
Penitentiary where he remained until 5 April 2000. Then he was transferred
to Požega Penitentiary. During his stay in that institution, the applicant was
granted various privileges, including the right to short periods of leave.
After committing criminal offences (burglary and theft) while on leave, the
applicant was again transferred to LSP on 21 September 2000. On 3 January
2001 he was placed in B wing.
14. On 8 April 2003 the applicant was transferred to a cell in the
renovated part of B wing.
15. On 22 August 2003 the applicant was released as he had served his
time in prison.
B. The parties' accounts
16. The applicant gave the following account of the detention conditions
in B wing of LSP.
17. The cell he was placed in was small and there were neither sanitary
facilities nor running water. There was no heating and the cell walls were
damp and mouldy. The cell was dirty and the bed sheets were not changed