Communicated on 16 December 2019

FIRST SECTION

Application no. 458/19 Ionel Cristian CIORNEI against Poland lodged on 3 December 2018

STATEMENT OF FACTS

THE FACTs

The applicant, Mr Ionel Cristian Ciornei , is a Romanian national, who was born in 1980 and lives in Bucharest.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

Force-feeding order

On 18 August 2017 the applicant was arrested by the Polish authorities at the Warsaw Airport and detained at the Warsaw Remand Centre. He was extradited to Romania on 4 October 2018.

On 24 July 2018 the applicant started a hunger strike protesting about his detention and treatment by the Polish authorities. He refused to eat but drank water. He was regularly examined by a doctor from the remand centre and his state of health was considered good.

On 16 August 2018 the applicant experienced headaches and was examined by a health officer at the remand centre. He was also examined on the following day. The applicant had difficulties in communicating with the health officer who spoke little English. On the certificate of 17 August 2018 the health officer incorrectly noted that the applicant refused to drink water.

On 17 August 2018 the remand centre requested the Warsaw Regional Court to allow force-feeding of the applicant. The request stated:

Article I. “[The applicant] has been refusing to eat for about one month. Currently is hospitalised and refuses artificial feeding and hydration. Refusing to eat by [the applicant] puts his heath and life in danger.”

On 17 August 2018 the Warsaw Regional Court ordered force-feeding of the applicant. The decision had following reasons:

Article II. Following information obtained from the doctor of the remand centre [the applicant] for one month has been refusing to eat what, if continues, puts his health and life in danger, the more so since [the applicant] also refuses hydration. In such circumstances the order on force feeding and force hydration is justified.

The applicant appealed rising in particular that the order had not had legal basis. He argued that the court relied on a provision governing a refusal to undergo a medical procedure while force-feeding may not be considered as such.

On 30 October 2018 the Warsaw Court of Appeal dismissed the appeal. The court considered that in view of the applicant ’ s refusing to eat his life had been put in danger. Therefore, it had been necessary to impose a medical treatment in order to protect his life.

Force-feeding

On 17 August 2018 the applicant was transferred to a public hospital in Warsaw where he was examined by a doctor. The examination did not show any health problem, in particular, blood test and blood pressure results were normal. The certificate stated that the applicant has been refusing to eat but has been drinking mineral water. He accepted intravenous hydration without glucose. On the same date the applicant was transferred to the prison hospital.

On 17 August 1918 the applicant was examined at the prison hospital. The doctor noted that the applicant refused to eat but agreed to be rehydrated intravenously with glucose-free liquids. The certificate stated that the applicant ’ s BMI was 19 ,4 . The doctor noted that following the court ’ s order it was decided to feed the applicant through stomach tube and a liquid diet had been prepared.

On 18 August 2018 the applicant, while in the prison hospital, was immobilised by four guards, a tube was introduced through his nostril to his stomach, and a nurse injected a liquid mixture. He was fighting the guards and opposing painful and humiliating procedure.

The procedure was repeated twice on the same day and two more times on the next day, 19 August 2018. On some occasions the applicant ’ s head was forced to a position by having his ears pulled backwards by the guards. On other occasions he was strapped to the bed by belts.

After each procedure the applicant had convulsions and bleedings, vomited, had difficulty swallowing water and speaking. The applicant was told that force-feeding would continue until he stopped the protest.

The medical certificate of 19 August 2018 confirmed that the applicant had been fed through stomach tube and had been receiving liquids intravenously. He still refused to eat.

On 20 August 2018 the applicant stopped his hunger strike. The force feeding was not repeated.

On 23 August 2018 the applicant was released from the hospital. The medical certificate on the day of his release stated that the applicant had been in good health, started eating and gaining weight.

He continues to suffer mentally with panic attacks, feelings of suffocation, and nightmares.

Relevant domestic law

Article 118 of the Code of Execution of Criminal Sentences allows carrying out a medical procedure, in view of a risk to the prisoner ’ s life, also in the absence of his or her consent. In such case the agreement is given by a court.

COMPLAINT

The applicant complains under Article 3 of the Convention that the force-feeding to which he had been subjected in the absence of any medical necessity amounted to torture. He underlined that he had been on a hunger strike and force-feeding had been ordered to force him to stop his protest.

QUESTION TO THE PARTIES

Was the applicant subjected to torture or inhuman or degrading treatment, in breach of Article 3 of the Convention (see Nevmerzhitsky v. Ukraine , no. 54825/00, § 99, ECHR 2005 ‑ II (extracts), and Ciorap v. Moldova , no. 12066/02, § 89, 19 June 2007 )? Reference is made to force-feeding of the applicant that took place on five occasions on 18 and 19 August 2018.