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12/01/2018
Landmark decision on Romanian prison conditions. Benjamin represented the first Appellant, led by Jonathan Hall QC. The Court found that, following the judgment of the Grand Chamber of the European Court of Human Rights in the case of Muršić v Croatia, there is a strong presumption of a violation of Article 3 of the European Convention on Human Rights where the personal space available to a detainee falls below 3m² in multi-occupancy accommodation. Such a presumption can only be rebutted when the reductions in the required minimum personal space are accompanied by various cumulative mitigating factors.