Communicated on 17 November 2014

THIRD SECTION

Application no. 23191/14 Vasile Tarzan PREDA against Romania lodged on 24 April 2014

STATEMENT OF FACTS

The applicant, Mr Vasile Tarzan Preda , is a Romanian national, who was born in 1971 and is currently detained in Târgu Jiu Prison .

A. The circumstances of the case

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

In 2003 the applicant started serving a sixteen years prison sentence for murder. On an unspecified date he was transferred to Târgu Jiu Prison where he is currently held in extremely overcrowded conditions, in a cell with sixteen beds for twenty to twenty-one prisoners. The applicant further alleged that the cell has no ventilation and is only provided with a toilet and a lavabo with no possibility to take a shower, the matrasses are worn-out, the hygiene conditions are poor, the cell is full of bugs and the food is of very poor quality. The applicant also alleged that the daily walk is done in an overcrowded yard where there is not enough space for walking.

In 2013 the applicant was diagnosed with hepatitis C. He alleged that he had contracted this disease while in detention due to an absolute lack of information about transmissible diseases and a lack of prevention measures. He submitted medical documents showing that he was found clinically healthy when he had been placed in detention in 2003.

B. Relevant international standards

The relevant provisions concerning prevention of transmissible diseases included in the Standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (CPT/ Inf /E (2002) 1 - Rev. 2010) are as follows:

“33. When entering prison, all prisoners should without delay be seen by a member of the establishment ’ s health care service. In its reports to date the CPT has recommended that every newly arrived prisoner be properly interviewed and, if necessary, physically examined by a medical doctor as soon as possible after his admission. It should be added that in some countries, medical screening on arrival is carried out by a fully qualified nurse, who reports to a doctor. This latter approach could be considered as a more efficient use of available resources.

It is also desirable that a leaflet or booklet be handed to prisoners on their arrival, informing them of the existence and operation of the health care service and reminding them of basic measures of hygiene. (...)

54. A prison health care service should ensure that information about transmittable diseases (in particular hepatitis, AIDS, tuberculosis, dermatological infections) is regularly circulated, both to prisoners and to prison staff. Where appropriate, medical control of those with whom a particular prisoner has regular contact (fellow prisoners, prison staff, frequent visitors) should be carried out.”

In their report following their visit to Romania in 2010, the CPT expressed concerns about the prevalence of transmissible diseases in the Romanian prisons and recommended that, on their admission, prisoners should benefit from free screenings for tuberculosis, hepatitis and VIH.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman conditions of his detention in Târgu Jiu Prison, namely overcrowding, poor hygiene and food. Relying on the same Article the applicant blames the authorities for his infection with hepatitis C while in detention due to the poor hygiene conditions and their failure to provide information about prevention measures against transmissible diseases .

QUESTION TO THE PARTIES

Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, on account of the conditions of his detention as well as his infection with hepatitis C in Târgu Jiu Prison?

The Government are invited to submit information concerning the conditions of the applicant ’ s detention in Târgu Jiu Prison, in particular as regards the alleged overcrowding, poor hygiene and poor quality of matrasses, the absence of ventilation in the cells and the poor quality of food . The Government are also invited to submit details concerning the prisoner ’ s access to information about transmissible diseases such as hepatitis C as well as information about the relevant preventive measures against this disease.