Switzerland violated the fair-trial guarantee in proceedings brought by a former prisoner over his detention conditions, the European Court of Human Rights has held.
The applicant, identified as B.K., was held at Pöschwies Prison from August 2018 to March 2021, including periods in solitary confinement. His complaints covered medical care, restrictions on outdoor activity at weekends and on public holidays, privacy and the availability of an effective remedy.
The court found a violation of Article 6 §1. Its public summary did not find violations on the full range of complaints advanced under Articles 3, 8 and 13. The decisive breach concerned the guarantees governing the domestic proceedings rather than a general ruling that every aspect of the prison regime was contrary to the Convention.
The court considered the finding of a violation sufficient just satisfaction for any non-pecuniary harm and awarded €5,000 for costs and expenses. B.K. had been transferred to Zürich Prison in January 2022 and was ultimately released in November 2023, so the judgment concerns completed detention and the process by which his claims were handled.
The ruling is a Chamber judgment and is not yet final. For three months, a party may request referral to the Grand Chamber; a panel must accept the request before a further hearing takes place.
The European Court’s official release records the judgment and award.
