Paragraph 11: 11. It is clear that the refusal of the applicant’s request to be housed in a non -smoking room would cause him moral distress beyond being a necessary consequence of being in a correctional institution, and therefore constitutes an interference with his right to protection and development of his physical and moral well-being
Paragraph 12: 12. Being in a correctional institution does not require sacrificing one's physical and mental health. Like other individuals, prisoners have the right to protect their physical and mental health. While correctional institutions have broad discretionary powers in taking measures to ensure security and discipline, these measures should not cause detainees and convicts to suffer beyond what their detention requires, or to live in unhealthy conditions
Paragraph 14: While correctional institutions have broad discretionary powers in taking measures to ensure security and discipline, these measures should not cause detainees and convicts to suffer beyond what their detention requires, or to live in unhealthy conditions
Paragraph 15: 15. In conclusion, it has been determined that the interference with the applicant's right to protect and develop his physical and moral well-being by refusing his request to move to a smoke- free room did not meet a necessary social need, and was therefore disproportionate and inconsistent with the requirements of a democratic society.
The Applicant, a non-smoking prisoner, requested to be moved to a non-smoking cell as others were permitted to smoke in his six-person cell. Prison management rejected the Applicant's request for a cell change citing Covid-19 measures which encouraged prisons to minimize movement.
The Applicant appealed the decision to an Enforcement Court alleging that many other prisoners had been moved so the Covid-19 measures which the prison cited were unreasonable. The Enforcement Court rejected the Applicant’s appeal, as did the High Criminal Court.
The Constitutional Court found that the prisoner’s constitutional rights had been violated. The Constitutional Court noted that while prisons have broad discretionary powers to ensure security and discipline, such measures should not cause prisoners to live in unhealthy conditions. The prison’s denial of the prisoner’s request to move to a smoke-free cell was found to be disproportionate and inconsistent with the requirements of a democratic society.