Communicated on 19 April 2016

FOURTH SECTION

Application no. 23690/15 Tiberiu MUREȘAN against Romania lodged on 6 June 2015

STATEMENT OF FACTS

The applicant, Mr Tiberiu Mureșan , is a Romanian national, who was born in 1962. He is currently detained in Bistri ț a Prison.

A. The circumstances of the case

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

On 26 June 2012 the applicant was detained in Gherla Prison because he was suspected of attempted murder.

On 17 September 2012 the Cluj County Court convicted the applicant for attempted murder and sentenced him to six years imprisonment.

In June 2014 the applicant was transferred to Bistrița Prison pending the end of his sentence.

1. The conditions of detention

In his initial letters to the Court the applicant stated that the cells as well as the bathroom, feeding and walking areas in Gherla and Bistrița Prisons were overcrowded. Also the cells lacked sufficient air and had bunk beds. Moreover the food in the two prisons was poor.

The applicant further stated that in Gherla Prison he shared his cell which measured 30 square meters with forty-six deta inees even if it had only forty ‑ five beds. Also, in BistriÈ›a Prison he shared two cells, one which measured 25 and the other which measur ed 15 square meters, with forty ‑ five and six detainees, respectively.

2 . The applicant ’ s medical conditions

From 6 to 11 December 2013 the applicant was hospitalised in the Dej Prison Hospital. According to his discharge papers, he was diagnosed with high blood pressure (second degree) with a high risk of silent ischemia and with acute chronic gastritis. He was provided with treatment and was recommended a low sodium diet, treatment with several medicines, regular monitoring of his blood pressure and a return to the prison hospital if needed.

From 20 November 2014 to 15 January 2015 the applicant was hospitalised for the second time in the Dej Prison Hospital. According to his discharge papers, he was diagnosed with left Sylvian ischemic cerebral vascular accident, paralysis on the right side of his body, moderate loss of his ability to speak, high blood pressure (third degree) with a very high risk of hypercholesterolemia and latent syphilis. He was provided with treatment and was recommended a low sodium diet, daily treatment with several medicines, regular monitoring of his blood pressure, regular neurological check-ups, cardiology check-ups if needed and a transfer to the Rahova Prison Hospital for the physiotherapy treatment recommended by a neurologist.

From 16 February to 13 March 2015 the applicant was hospitalised for the third time in Dej Prison Hospital. According to his discharge papers, he was diagnosed with high blood pressure (third degree) with very high risk, a condition post left Sylvian ischemic cerebral vascular accident, paralysis on the right side of his body, moderate loss of his ability to speak, hypercholesterolemia under treatment and latent syphilis. He was provided with treatment and was recommended a low sodium diet, daily treatment with several medicines, regular monitoring of his blood pressure, regular neurological check-ups, cardiology check-ups if needed, to be monitored on an infirmary unit if possible and to retur n for a check-up within a month or when needed.

3. Proceedings opened by the applicant before the domestic authorities

On 16 March and 19 April 2015 the applicant lodged two separate criminal complaints against Gherla and Bistrița Prisons and their doctors before the Cluj District Court and the Bistrița County Court, respectively. He argued that the absence of adequate medical treatment in prison and the passivity of the prisons ’ medical staff resulted in him becoming ill and being diagnosed with several illnesses during his detention. Moreover, after he was paralysed he was transported to Rahova Prison for treatment together with other detainees, even though an urgent transfer by ambulance was required. Also the Bistrița Prison authorities denied him the necessary treatment and a form of transport for disabled persons and placed him in a normal cell and not in the infirmary.

On 23 March 2015 the Cluj District Court referred the applicant ’ s criminal complaint to the Bistrița Prosecutor ’ s Office.

On 27 March 2015 the BistriÈ›a Prosecutor ’ s Office returned the applicant ’ s criminal complaint of 16 March 2015 to him on the ground that it was incomplete and unclear. Moreover, by relying on the relevant criminal procedural rules the prosecutor ’ s office informed the applicant of the exact information that was require d for a criminal complaint. Furthermore, it advised the applicant t o also complain before the post ‑ sentencing judge.

On 29 April 2015 the Bistrița County Court returned the applicant ’ s criminal complaint of 19 April 2015 to him and informed him to refer his complaint to a criminal investigation body because the court was not competent to carry out the criminal investigation.

In his application form the applicant stated that because of his total paralysis on the rights side of his body he no longer had the necessary material and physical resources to pursue other remedies. Also, he could have been transferred to other prison facilities in similar inhuman conditions and he would have faced the same medical treatment.

B. Relevant domestic law

Excerpts from the relevant legal provisions concerning the rights of detainees, namely Laws nos. 275/2006 and 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 Verde ş v. Romania (no. 6215/14, § 36, 24 November 2015).

COMPLAINTS

Relying in substance on Article 3 of the Convention the applicant complains that he was subjected to inhuman and degrading treatment on account of the material conditions of detention in Gherla and Bistrița Prisons.

Invoking in substance the aforementioned Article of the Convention the applicant complains that because of the inadequate conditions of detentions and the lack of adequate medical care and assistance he developed a serious heart disease during his detention, became paralysed and was left with serious speech, thinking and moving impediments. Moreover, the domestic courts have refused to pursue his complaints or to fulfil their lawful duty to refer them to the relevant domestic authorities in order to investigate and remedy the issues raised by him. Consequently, his situation remains very serious and unresolved.

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 Gherla and Bistri È› a Prisons;

b) the heart disease developed in prison and the lack of adequate medical treatment and assistance during his detention taking into consideration his disability and his medical condition ?