ENACHI v. THE REPUBLIC OF MOLDOVA
Doc ref: 54410/13;74522/13 • ECHR ID: 001-144093
Document date: April 17, 2014
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Communicated on 17 April 2014
THIRD SECTION
Application s no s . 54410/13 and 74552/13 Galina ENACHI against the Republic of Moldova and Vera CODREANU against the Republic of Moldova lodged on 6 August 2013 and 14 November 2013 respectively
A list of the applicants is set out in the appendix.
The facts of the cases, as submitted by the applicants, may be summarised as follows.
1 . Application no. 54410/13
The applicant was arrested on 18 November 2011 on charges of fraud and remanded in custody in prison no. 13 in Chișinău . At the time of submitting her application she was still being held in that prison.
According to the applicant, she was detained in cells nos. 107 and 113 with inmates who smoked. After 25 April 2012 she was detained in cell no. 111 with inmates who not only smoked but had been diagnosed with various infectious diseases. The cells accommodated between eleven and thirteen inmates in an area of 28 sq. m, infested with cockroaches and bedbugs. The food and medication in the prison were insufficient and she had to rely on food parcels and medication brought by her daughter.
According to the applicant, her teeth deteriorated drastically due to the difficult detention conditions. The prison lacked medical personnel, materials and equipment for prosthetic dentistry. Without adequate medical assistance, the applicant ’ s state of health deteriorated and she was diagnosed with chronic gastritis and acute kidney infection.
2 . Application no. 74522/13
The applicant was arrested on 3 May 2013 on charges of robbery and remanded in custody in prison no. 13 in Chișinău . At the time of submitting her application she was still being held in that prison.
According to the applicant, she was pregnant and the detention conditions seriously damaged her health and that of her child.
In her appeal of 21 August 2013 the applicant complained of inadequate conditions of detention. She cited report of the Centre for Human Rights in Moldova following a visit to prison no. 13 in 2013, in which it had found the prison cells unsanitary and insalubrious, with toilets next to beds, no permanent running water, no facilities for personal hygiene, and poor lighting.
According to the applicant, her cell was overcrowded and infested with bedbugs and lice. She did not have access to the prison laundry and had to wash and dry her clothes in the cell, which made the humidity and the unbearable smell even worse.
COMPLAINT
The applicants complain, under Article 3 of the Convention, that the material conditions of detention in prison no. 13 amounted to inhuman and degrading treatment.
COMMON QUESTION
Do the conditions in p rison no. 13 , where the applicants have been held, amount to inhuman or degrading treatment in breach of Article 3 of the Convention?
APPENDIX
No.
Application
no.
Lodged on
Applicant ’ s name, nationality,
date of birth,
place of residence
Represented by
54410/13
06/08/2013
Galina ENACHI,
Moldovan and Romanian national
born on 21/12/1963,
living in Chișinău
74522/13
14/11/2013
Vera CODREANU
Moldovan national,
born on 09/06/1989,
living in Ecaterinovca
Viorel MALANCIUC
and Cristina MUNTEAN,
practising in Chișinău
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