Facts
The appellant, E., was sentenced to 5 days of disciplinary detention without work for smoking cannabis in the Plaine de l'Orbe prison (EPO). He complained about the conditions under which he had to serve his disciplinary punishment, particularly the insufficient ventilation in his cell and the hygiene conditions.
The head of the Department of Justice, Police and Military Affairs of the canton of Vaud rejected the complaint, considering that the appellant had been monitored by the medical service during the execution of his punishment and had made no comments. The appellant then appealed to the Federal Court through a public law appeal.
Considerations
The Federal Court examined the admissibility of the public law appeal, considering that the public law appeal is open when the contested decision is based on autonomous cantonal law. The Federal Court also considered that the appellant had a current and practical interest in the admission of the appeal, as he was still detained at the EPO and a new disciplinary sanction could be imposed on him.
The Federal Court then examined the conditions of execution of the disciplinary punishment, considering that the European Prison Rules (EPR) must be respected. The Federal Court considered that…