You must have sufficient access to fresh air in your cell. This means that you should be able to open a window or there should be a ventilation system that delivers fresh air to your cell. This is especially important in hot summers or if there is a toilet in your cell.
To provide fresh air to your cell:
- There should be no metal shutters, slats, or plates placed on the cell windows in a manner that prevents fresh air from entering the cell, unless there are exceptional reasons that require them
- The size of the window should be proportional to the size and the number of prisoners living in the cell
What human rights violation may there be?
Prohibition against inhuman or degrading treatment
Inadequate ventilation, together with other negative conditions, may lead to a violation of your right not to be treated in an inhumane or degrading way. However, the effect that such conditions leave on your physical or mental condition must reach a certain minimum level of severity. Minor deviations from the norm will most probably not amount to a violation.
example If you are held for several months in a small, windowless cell with a toilet in it and no ventilation, it will most probably violate your rights. However, if the ventilation had broken down for two weeks, it will probably not violate 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 might complain to the prison administration, to the director of Directorate General “Execution of Punishments” or to the prosecutor. You might also submit a request for the termination of the violation or a claim for compensation of the damages suffered to the administrative court.
Read more about how to complain.