Case of European Court of Human Rights, February 05, 2004 (case CENBAUER v. CROATIA)

Appeal Nbr: 73786/01

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Case of European Court of Human Rights, February 05, 2004 (case CENBAUER v. CROATIA)

FIRST SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 73786/01

by Miroslav CENBAUER

against Croatia

The European Court of Human Rights (First Section), sitting on 5 February 2004 as a Chamber composed of:

Mr C.L. Rozakis, President,

Mr P. Lorenzen,

Mr G. Bonello,

Mrs F. Tulkens,

Mrs N. Vajić,

Mrs E. Steiner,

Mr K. Hajiyev, judges,

and Mr S. Nielsen, Section Registrar,

Having regard to the above application lodged with the European Commission of Human Rights on 14 January 1997,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Miroslav Cenbauer, is a Croatian national who was born in 1971 and lives in Viljevo, Croatia. He is represented before the Court by Mr Ivica Adamović, a lawyer practising in Donji Miholjac. The respondent Government are represented by their Agent Ms Lidija Lukina Karajković.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

1. Prison conditions

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 in the Lepoglava State Prison (hereinafter "the LSP") (Kazneni zavod Lepoglava).

He stayed there until 27 September 1995 when he was transferred to the Pula Prison (Zatvor u Puli), staying there until 30 June 1997 when he was transferred to the Glina Penitentiary (Kaznionica u Glini).

The applicant was imprisoned there until 30 December 1998 when for the second time he was transferred to the LSP.

On 4 October 1999 the applicant was transferred again to the Glina Penitentiary where he stayed until 5 April 2000, before being transferred to the Požega Penitentiary (Kaznionica u Požegi). During his stay there the applicant was granted various privileges, including the right to short periods of leave. After committing a criminal offence (burglary and theft) while on leave, the appl...

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