Detention Facilities It is implied from Articles 3 and 5 of the ECHR that detention centers be clean and safe.126 The CoE’s standards of detention facilities must be in compliance with the fundamental principle of human dignity.127 Families should not be separated, and children and vulnerable individuals should not, normally, be detained.128 The CPT stated that detention centers should be: “adequately furnished, clean and in a good state of repair, and which offers sufficient living space for the numbers involved…. regime activities, should include outdoor exercise, access to a day room and to radio/television and newspapers/magazines, as well as other appropriate means of recreation (e.g. board games, table tennis). The longer the period for which persons are detained, the more developed should be the activities which are offered to them.”129 Furthermore, when detention facilities lack space and are overcrowded, and the combination of very poor conditions such as lack of light, ventilation, access to toilets and showers or outdoors activities such facilities may be considered to constitute inhuman or degrading treatment.130The ECtHR can also consider where the individual is detained, whether or not other facilities could be used; the size of the containment area; whether it is shared and with how many other people, and whether the detainees suffer from illnesses and have access to medical facilities.131 Also, an individual’s specific circumstances are of particular relevance.132 The CPT, as well as the CoE, should make a subcommittee dedicated to monitoring conditions of detention facilities. They should make initial “surprise” visits, submit a report, and give the State a specified time of approximately six months to a year to improve these conditions. If States do not make 126 Ktistakis, supra note 12 at 34. Id. 128 Id. 129 COUNCIL OF EUROPE, CPT STANDARDS, CPT/Inf/E (2002), at 65 (2015). 130 Orchowski v. Poland, App. no. 17885/04, Eur. Ct. H.R., 122 (2010). 131 Council of Europe Handbook, at 167. 132 Id. 127 38

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