Communicated on 17 December 2020 Published on 11 January 2021

FOURTH SECTION

Application no. 45735/16 Gabi- Ainăld MIHĂILESCU against Romania lodged on 28 July 2016

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s complaint that in spite of his severe visual impairment, attested by a certificate which entitled him to have a person assigned to help him, he was not granted such assistance on the occasion of his various transfers to other detention facilities.

He refers in particular to several incidents having occurred in the period February to May 2016, when, during his transfers to various prisons, he was left without the assistance of a personal care assistant. The complaints lodged in this respect with the post-sentencing judge were dismissed essentially on the ground that the law did not provide for such assistance during transfers between prison facilities.

QUESTION TO THE PARTIES

Has there been a violation of Article 3 of the Convention on account of the applicant ’ s alleged lack of a personal care assistant during his transfers between prison facilities in the period between February and May 2016, in spite of his severe disability (see, mutatis mutandis , Potoroc v. Romania , no. 37772/17, § § 76-82, 2 June 2020) ?

The Government is invited to provide further information to the Court as to the practical arrangements, if any, put in place on the occasion of the transfer of inmates such as the applicant, who have been granted the benefit of having a personal care assistant, so as to ensure that they are not left unaided for the relevant period.