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DIACONU v. ROMANIA

Doc ref: 50544/13 • ECHR ID: 001-142756

Document date: April 2, 2014

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DIACONU v. ROMANIA

Doc ref: 50544/13 • ECHR ID: 001-142756

Document date: April 2, 2014

Cited paragraphs only

Communicated on 2 April 2014

THIRD SECTION

Application no. 50544/13 Cristian DIACONU against Romania lodged on 29 July 2013

STATEMENT OF FACTS

The applicant , Mr Cristian Diaconu , is a Romanian national, who was born in 1969. He is currently serving a prison sentence in the Giurgiu Penitentiary.

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

After being initially detained between 5 September 2011 and 2 November 2011, at the C â mpina Police Inspectorate, then until 2 0 May 2013 at the Rahova Penitentiary, the applicant was transferred to the Giurgiu Penitentiary.

The applicant complains about overcrowding in the detention centres mentioned above. He alleges that in the Câmpina Police Inspectorate he had been detained together with five other detai nees in a cell of twelve square meters that was insufficiently ventilated and had the toilet in the cell, with no partition for separation. He describes that in the Rahova Penitentiary he had initially shared a cell of eighteen square meters with other nine detainees, and later, with other seven detainees, and that these cells were insufficiently ventilated. In the Giurgiu Penitentiary, where he is currently detained, he shares a sixteen square meters cell with five detainees. The cell is insufficiently ventilated as the windows are covered by two rows of metal bars.

He also refers to the poor hygiene, namely that he does not have access to warm water and that the cold water is not available during twelve hours per day, and that the cell is infested with bedbugs and other insects.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of his detention in the Câmpina Police Inspectorate and in the Rahova and Giurgiu Penitentiaries.

QUESTION TO THE PARTIES

Has the applicant been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the C â mpina Police Inspectorate and in the Rahova and Giurgiu Penitentiaries?

The Government are invited to provide information on the applicant ’ s detention conditions in the C â mpina Police Inspectorate and in the Rahova and Giurgiu Penitentiaries, in particular in connection with the cells where the applicant has been detained, stating particularly the number of beds and the number of persons being detained in the same cell with the applicant, but also the other material conditions of detention, such as the size of the cells, the number and size of the windows and the metal bars, the sanitary installations available, the availability of hot and cold water and the measures taken to ensure hygiene in the cells.

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