Communicated on 13 June 2014

THIRD SECTION

Application no. 42743/13 Dorel Pavel TEREAN against Romania lodged on 24 May 2013

STATEMENT OF FACTS

1. The applicant, Mr Dorel Pavel Terean , is a Romanian national, who was born in 1957 and lives in Zizia .

A. The circumstances of the case

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

3. On 19 November 1998 the applicant, who was a shepherd in the village of Zizia , was placed in Codlea Prison in order to serve his sentence of seventeen years imprisonment for rape.

4. According to the medical examination at the moment of his placement in detention the applicant was clinically healthy.

5. On 5 November 2009 the applicant was subjected to a coronarography procedure in a specialised cardio-vascular clinic and was recommended urgent heart surgery. According to the applicant, the surgery was constantly postponed by the prison authorities due to lack of funding.

6. On numerous occasions the applicant requested the suspension of his prison sentence due to medical reasons but his requests were constantly rejected as his condition was always held to be compatible with the detention. On the occasion of such a request submitted by the applicant on 13 December 2012, the Bra ș ov County Court ordered that the applicant be submitted to a forensic medical examination. According to the report drafted upon the court ’ s request, the applicant was suffering from the following conditions: painful coronary heart ischemia, multivascular coronary disease, chronic and acute inferior and anterior heart attack, chronic apical aneurysm, heart failure II/III degree, insulin dependent diabetes with complications, peripheral diabetic polyneuropathy, chronic lithiasic cholecystitis , toxic-nutritional hepatitis and dyslipidaemia. The report concluded that the applicant ’ s conditions could be treated within the prison health system; therefore, the Braș ov County Court rejected the applicant ’ s request on 14 May 2013.

7. The applicant submitted that all the above-mentioned serious diseases were caused by the inhuman detention conditions in which he was held for almost fifteen years. He also alleged that, although he was suffering from all the above serious diseases, he did not receive adequate medical treatment and diet and during his entire detention he was held in cells with smokers although he doesn ’ t smoke and the doctors recommended him to avoid active and passive smoking due to his heart condition. His requests to be moved in non-smoking cells were constantly rejected by the prison administration as no such rooms existed in Codlea Prison.

8. The applicant was conditionally released from prison in July 2013.

B. Relevant domestic law

9. Excerpts from the relevant legal provisions concerning the rights of prisoners, namely Law no. 23/1969, Emer gency Ordinance no. 56/2006 and Law no. 275/2006, are described in Petrea v. Romania (no. 4792/03, §§ 21-23, 29 April 2008).

10. The relevant legal provisions and the practice concerning the quality of food and the protection against passive smoking in prisons are summarised in Florea v. Romania (no. 37186/03, §§ 28-30, 14 September 2010).

COMPLAINT

11. The applicant complains under Article 3 of the Convention that he acquired serious diseases while in detention due to lack of adequate detention conditions and food which amounted to inhuman treatment . He alleges that his diseases were aggravated by the lack of adequate medical treatment and diet as well as his constant imprisonment together with smoking prisoners for a period of fourteen years and eight months.

QUESTION TO THE PARTIES

Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, taking into account the following elements:

- the nature and the progress of the applicant ’ s illnes se s and the specific medical treatment recommended;

- the overall conditions of the applicant ’ s detention , including the inadequate diet and the applicant ’ s exposure to passive smoking?

The Government are invited to submit information concerning the conditions of the applicant ’ s detention, with particular reference to the alleged lack of adequate diet and compliance with his doctors ’ recommendations by the prison authorities as well as his exposure to passive smoking.