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GHERASE v. ROMANIA

Doc ref: 64858/13 • ECHR ID: 001-145160

Document date: May 28, 2014

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GHERASE v. ROMANIA

Doc ref: 64858/13 • ECHR ID: 001-145160

Document date: May 28, 2014

Cited paragraphs only

Communicated on 28 May 2014

THIRD SECTION

Application no. 64858/13 Anton GHERASE against Romania lodged on 8 October 2013

STATEMENT OF FACTS

The applicant, Mr Anton Gherase , is a Romanian national, who was born in 1969 and is currently detained in Giurgiu Prison.

A. The circumstances of the case

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

On 9 April 2002 the applicant was convicted by the Supreme Court of Justice to life imprisonment for aggravated murder.

1. The conditions of detention in Jilava , Rahova and Giurgiu Prisons

For unspecified periods of time the applicant was detained in Jilava and Rahova Prisons. On 1 January 2013 he was transferred to Giurgiu Prison.

The applicant complains about the alleged inhuman conditions of his detention in all three prisons, as well as in their medical units. He mainly complains of overcrowding, limited access to light and electricity, broken sanitary installations, lack of hygiene products, presence of cockroaches in the cells and poor quality of food (inadequate for his health condition).

As regards the cell in which he is detained in Giurgiu Prison the applicant alleges that it has a surface of 17.65 square meters and is occupied by 6 detainees. 4 square meters of this cell are used as toilet.

2. The conditions of transport

The applicant claims that the conditions of his transportation between the prison facilities and their medical units are inhuman and degrading. The vans are severely overcrowded and let no natural light or air in.

COMPLAINTS

The applicant complains under Article 3 of the Convention about the material conditions of detention in Jilava , Rahova and Giurgiu Prisons and their medical units, in particular overcrowding, poor conditions of hygiene, lack of sufficient and adequate food.

Under the same article he complains about the conditions of his transportation between the detention facilities and their medical units in overcrowded vans, without sufficient light and air.

QUESTIONS TO THE PARTIES

1. Did the conditions of the applicant ’ s detention in Jilava , Rahova and Giurgiu Prisons and their medical units bre ach the requirements of Article 3 of the Convention, taking into account his allegations of overcrowding, lack of hygiene conditions and poor quality of food?

2. Has the applicant been subjected to inhuman or degrading treatment in breach of Article 3 of the Convention due to the conditions under which he was transported in the prisons ’ vans?

The Government are invited to provide additional information concerning the applicant ’ s conditions of detention in Jilava , Rahova and Giurgiu Prisons and their medical units, as well as the applicant ’ s conditions of transportation between the detention facilities and their medical units.

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