Communicated on 17 June 2015

THIRD SECTION

Application no. 39413/12 Sergiu FLOCEA against the Republic of Moldova and 4 other applications (see list appended)

The list of the applicants is in the appended table. They are all Moldovan nationals. The second applicant is represented before the Court by Mr R. Zadoinov and the fifth applicant by Mr A. Postica , lawyer s practising in Chisinau.

The facts of the cases, as submitted by the applicants, may be summarised as follows.

The applicants were convicted to different terms of imprisonment and are serving their sentences in different prisons (see the appended table). According to the applicants, they have been held in inhuman and degrading conditions of detention. They complain inter alia about poor material conditions of detention, bad sanitary conditions, overcrowding, food of insufficient quality and quantity and lack of medical assistance (see the below table for the complaints raised by each applicant).

COMPLAINTS

The applicants complain under Article 3 of the Convention that they have been held in inhuman and degrading conditions of detention.

In applications no. 40614/14 and 71243/14, the applicants further complain that they were not provided with adequate medical care.

The applicants also complain that they did not have, as required by Article 13 of the Convention, any effective remedies at their disposal for their complaints under Article 3.

COMMON QUESTIONS

1. Has there been a violation of Article 3 of the Convention? In particular, were the applicants held in inhuman and degrading conditions of detention?

2. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3, as required by Article 13 of the Convention?

CASE SPECIFIC QUESTION

In applications no. 40614/14 and 71243/14, were the applicants suffering from any serious health problems during detention? If so, did the applicants receive adequate medical care in respect of such health problems, as required by Article 3 of the Convention?

APPENDIX

No.

Application no.

L odged on

Applicant name

Date of birth

R epresented by

Type of detention

Domestic decision

Places of detention

Complaints under Article 3 regarding poor conditions of detention

Other complaints

39413/12 *

04/06/2012

Sergiu FLOCEA

28/10/1981

Final c onvict ion to seven and a half years ’ imprisonment , by the Ungheni District Court ’ s sentence on 13/12/2010

Soroca Prison no. 6

Poor material conditions of detention, cell with no ventilation system and infested with vermin, bad sanitary conditions, damp walls , food of insufficient quality and quantity , overcrowding , only two walking hours a day, inmates diagnosed with psychiatric illnesses held in the same cell.

Article 13

40614/14

12/05/2014

Valentin BASTOVOI

23/10/1987

Represented by Mr. Roman ZADOINOV

Convicted to eight years ’ imprisonment by the Buiucani District Court on 23/12/2013

Chisinau Prison no. 13

Poor mate rial conditions of detention, overcrowding and lack of medical assistance (alleged refusal to provide the applicant with necessary medicines as required by his condition). The applicant suffers from mycosis, gastritis and respiratory infection .

Article 13

53966/14 *

01/10/2014

Oleg BOJENIN

13/02/1980

Final conviction to life imprisonment, by the Chisinau Court of Appeal on 11/07/2002

Rezina Prison no. 17

Poor material conditions of detention, food of insufficient quality and quantity, lack of ventilation system and smoking inmates in the cell , no access to library, and failure of the prison administration to provide him with clothes and shoes.

Article 13

68561/14 *

09/10/2014

Ion ZESTREA

10/01/1974

Final conviction to four years and eight months ’ imprisonment on

4/07/2011

Balti Prison no. 11

Poor material conditions of detention, overcrowding, bad sanitary conditions, lack of ventilation system and smoking inmates in the cell , a twenty days hunger strike.

Article 13

71243/14

24/10/2014

Mihail CUIBAN

25/07/1956

Represented by Mr. Alexandru POSTICA

Convicted by the Botanica Court on 24/12/2012

Chisinau Prison no. 13

Cricova Prison no. 4

Poor material condition s of detention, overcrowding and lack of medical assistance (alleged refusal to provide the applicant with necessary medicines as required by his condition). The applicant suffers from Hepatitis B and D .

Article 13