Communicated on 20 April 2016

FOURTH SECTION

Application no. 48239/15 Nicolae MIHAI against Romania lodged on 21 October 2015

STATEMENT OF FACTS

The applicant, Mr Nicolae Mihai, is a Romanian national, who was born in 1979. He is currently detained in Drobeta-Turnu Severin Prison. He is represented before the Court by Mr S.I. Tănăsescu .

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

The applicant stated that he was involved in a car accident which resulted in serious consequences ( sechele ) for his lower limbs. He submitted medical documents attesting that he was suffering from a fractured right femur which moved and had vicious callus formations and an external fixation. Also he was suffering from sub-acute osteomyelitis in the thigh and pelvic region and a fistulous osteomyelitis in the left femur.

The applicant further stated that on 20 November 2014 he started serving a two years prison sentence. He was detained initially in the V â lcea Police Department ’ s Arrest, was subsequently moved to Coliba ş i Prison and then, because of his serious medical problem with his lower limbs, he was transferred to Rahova Prison Hospital. A few more transfers followed between Colibaşi Prison and Rahova Prison Hospital, before he was eventually transferred to Drobeta-Turnu Severin Prison.

The applicant stated that whenever he was unable to walk because of his medical condition he was not provided with a wheelchair, accessible living quarters or a person to assist him. Moreover, in order to go out or to go to the doctor ’ s office for treatment he was forced to climb up and down the stairs, because his detention cell was located on the first floor of the building.

COMPLAINT

Relying on Article 3 of the Convention the applicant complains about the inhuman and degrading treatment he was subjected to on account of his disability.

QUESTION TO THE PARTIES

Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, on account of the alleged lack of adequate medical care in prison, in particular the lack of special facilities adapted for people with disabilities?