The decision concerns three main issues related to the treatment of a prisoner in Slovakia: 1. The systematic practice of thorough strip searches (TSS) of the prisoner, which the Court found to be degrading treatment in violation of Article 3 of the Convention. The Court emphasized that the searches were carried out routinely without convincing security needs and despite other security measures being in place. 2. The inspection of the prisoner’s documents during consultations with his lawyers, which the Court found violated Article 8 (right to privacy and correspondence). The Court noted there was no reasonable cause to believe the documents contained unlawful elements and appropriate safeguards were lacking. 3. The use of special restraining devices during a court hearing break, which the Court found did not reach the threshold of Article 3 violation. Key provisions of the decision include:
- Strip searches must be based on individual risk assessment and convincing security needs
- Privileged communications between lawyers and prisoners require special protection and can only be inspected with reasonable cause
- The systematic nature and frequency of searches without proper justification can amount to degrading treatment
- Prison authorities must provide appropriate safeguards when inspecting prisoner documents
The Court awarded the applicant €20,000 in non-pecuniary damages and €3,500 for costs and expenses.
