Information Note on the Court’s case-law 249

March 2021

Rotari v. the Republic of Moldova (communicated case) - 64977/17

Article 9

Article 9-1

Freedom of religion

Manifest religion or belief

De facto impossibility for a prisoner to attend chapel on account of his position at the bottom of the prisoners’ informal hierarchy: communicated

Article 3

Positive obligations

Victimisation of a prisoner on account of his position at the bottom of the prisoners’ informal hierarchy: communicated

Article 14

Discrimination

Informal hierarchy among prisoners, giving rise to bullying and restrictions: communicated

The application was submitted by an imprisoned applicant who claims to be an “untouchable”, part of the lowest caste in the informal prisoner hierarchy. He describes the various consequences for his movements around the prison and his meals, and for the use of certain communal facilities – including a prohibition on attending the prison chapel. In particular, he alleges that he does not have the right to move normally around the prison territory but must keep close to the walls and fences. He also claims that he is not allowed to receive his meals at the hatch assigned for that purpose, where the cook or his assistant serves food, but must go to the hatch for the person doing the washing up, where the hygiene conditions are appalling.

Case communicated under Articles 3, 14 and 9 of the Convention.

(See also the currently pending case A.S. and Others v. Russia , 45049/17 et al., Legal summary )

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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