The Committee of Ministers ended its supervision of the execution of the ECHR judgment in Wenner concerning the respondent state’s failure to ensure that the health of the applicant, a long-term heroin addict without any realistic chance of overcoming addiction and having received substitution treatment for many years, was adequately secured during his detention in prison by providing him with the requisite medical treatment, at a level comparable to that which the State authorities have committed themselves to provide to persons in freedom.
In response to the judgment, the authorities adapted their administrative practise, notably in Bavarian prisons, in order to ensure a Convention compliant approach. The results of the measures taken are demonstrated by the statistical data showing a significant increase in the number of prisoners receiving medically prescribed and supervised drug substitution therapy. In cases where a medically indicated substitution therapy is not available in a particular prison, the prisoners concerned are transferred to another prison. Furthermore, the German Länder have established a joint working group coordinating their respective efforts to effectively collect and analyse data on drug consumption and addiction as well as on the therapeutic measures to be taken in prisons.
