Communicated on 17 November 2016

FOURTH SECTION

Application no. 43529/15 Mihai BASTUREA against Romania lodged on 25 August 2015

STATEMENT OF FACTS

The applicant, Mr Mihai Basturea , is a Romanian national, who was born in 1967 and is currently detained in Poarta Alb ă Prison. He is represented before the Court by Ms L. Diaconu , a lawyer practising in Constan ț a .

A. The circumstances of the case

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

By a final judgment of 26 February 2015 the Constan È› a Court of Appeal convicted the applicant for intentional refusal to pay his taxes and sentenced him to a year and four months imprisonment.

On 3 March 2015 the applicant was detained in Poarta Alb ă Prison.

On an unspecified date, because of a pre-existent medical condition, the applicant suffered after his incarceration a right sided Sylvian ischemic cerebral vascular accident with paralysis.

The applicant was hospitalised for two days in a civilian hospital. Subsequently, even though he was no longer able to walk, talk, sit up, dress, clean himself up, or go to the bathroom on his own, he was transferred to Poarta Albă Prison Hospital.

In the aforementioned prison hospital, the applicant had to share a 4 square meters cell with four other inmates and was left to manage on his own or with the help of his fellow inmates. He was not prescribed or given any treatment for the recovery of his moving or talking abilities. He suffered several other vascular accidents and became dependent on a wheelchair and his cellmates.

According to the medical documents submitted by the applicant before the Court, he needed an assistant.

The applicant ’ s conditions of detention were appalling. The prison system was not fitted with special facilities for disabled persons to move around or to receive visits. There were no special beds or bathrooms fitted with adequate facilities for a disabled person. Also, there were no ramps or adequate facilities for moving around in a wheelchair, which made the applicant ’ s situation even more serious given that he had only one usable arm and he was almost unable to move. Also he did not have access to any adequate facilities that would help him spend his free time, recover or integrate within the prison ’ s community.

B. Relevant domestic law

Excerpts from the relevant legal provisions concerning the rights of detainees, namely Laws no. 254/2013 as well as the reports of the European Committee for the Prevention of Torture, are given in the cases of Iacov Stanciu v. Romania (no. 35972/05, §§ 116-29, 24 July 2012), and Verdeş v. Romania (no. 6215/14, § 36, 24 November 2015).

COMPLAINTS

Relying on Article 3 of the Convention the applicant complains that he was subjected to inhuman and degrading treatment on account of the conditions of detention in Poarta Alb ă Prison and Prison Hospital. In particular, he complains of overcrowding, poor hygiene conditions, lack of access to running water and clean bed mattresses, presence of parasites, the absence of any adequate conditions for moving, living and recovery for a disabled person who is unable to manage his own needs unassisted.

QUESTIONS TO THE PARTIES

Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, on account of:

a) the material conditions of detention in Poarta Albă Prison and Prison Hospital;

b) the lack of adequate medical treatment during his detention and of compatibility of the detention facilities with his disability and his medical condition?