There must be enough space in your cell for the number of people in it. Overcrowding can cause additional stress and limit your movement in the cell, therefore, the prison administration must make sure that there is enough space for each person in your cell.
The exact space that should be available to you is not precisely defined. It depends on the quality of the space and the amount of time you have to spend in your cell.
example If you have to spend most of the day in your cell, you should be placed in a bigger and better quality cell than if you can use other premises during the day and only spend nights in your cell.
Space
Even though the space that must be provided to you depends on the circumstances, there are some minimum standards that the prison administration must fulfil - the minimum space you have cannot be smaller than 4 m2
The space that you have in the cell is determined by dividing the size of the cell with the number of persons held in it, excluding space, occupied by the toilet.
What human rights violation may there be?
Prohibition against inhuman or degrading treatment
Living in an overcrowded cell may lead to a violation of your right not to be treated in an inhumane or degrading way. However, the effect that overcrowding leaves on your physical or mental condition must reach a certain minimum level of severity. Minor short-term deviations will not cause a violation of your rights.
example If you are placed in a cell smaller than 4 m2 for two days, it will probably not violate your rights. However, if you are forced to share a badly ventilated and dark 10m2 cell with two other cellmates for 6 months, it will most likely be a violation of your rights.
Read more about how to evaluate whether your rights have been violated.
How to complain
If you believe that your rights have been violated, you should complain to the prison administration or submit a request for the termination of an on-going violation to the administrative court. Read more about how to complain.