Communicated on 2 April 2014

THIRD SECTION

Application no. 44380/13 Ionel ENE against Romania lodged on 26 June 2013

STATEMENT OF FACTS

The applicant, Mr. Ionel Ene , is a Romanian national, who was born in 1985 and lives in Bucharest.

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

By a final decision of 30 April 2012 rendered by the High Court of Cassation and Justice, the applicant was convicted for a criminal offence. He is currently serving his prison sentence in the Jilava Penitentiary, where he has been detained in cell E4.32 since 4 July 2013. The cell contains 27 beds for 27 detainees and its surface is 32 square meters. The beds are bunk beds on three levels. The sanitary installations consist of 2 showers and 2 toilets and occupy 1 ,10 square meters. He claims that these facilities are insufficient for the number of detainees. Warm water is available on Mondays and Fridays between 04:30 p.m. and 06:00 p.m. The applicant follows a methadone treatment which causes him excessive sweating. He cannot take care of his personal hygiene on a daily basis.

He states that there is not enough natural lighting or fresh air. The windows, which open only partially, are covered with thick metal net, as well as metal bars. The artificial lighting is very dim, lasts between 07:00 a.m. and 07:00 p.m. and consists of two 24 W light bulbs. The applicant claims that it is too dim for reading or writing.

There are no chairs or tables and the detainees have to take their meals in bed. The food quality is very poor.

The applicant lodged a complaint with the judge responsible for the execution of sentences attached to the Jilava Penitentiary concerning the detention conditions in cell E4.32. He complained of overcrowding, poor hygiene conditions, inappropriate sanitary installations and of insufficient natural and artificial lighting.

On 17 October 2013, the Bucharest IV District Court partly allowed the applicant ’ s complaint on the grounds that the conditions of detention regarding the personal space for detainees were contrary to the requirements of the domestic law. It was held that cell E4.32 measured 38 ,76 square meters out of which the surface occupied by the furniture should be deducted and that it was shared by 25 detainees.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of his detention in the Jilava Penitentiary.

QUESTION TO THE PARTIES

Has the applicant been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Jilava Penitentiary?

The Government are invited to provide information on the applicant ’ s detention conditions in the Jilava Penitentiary, stating particularly the number of beds and the number of persons being detained in the same cell with the applicant, the size of the cell, the access to fresh air (details regarding the windows and the metal net and bars), the sanitary installations available, the measures taken to ensure hygiene in the cells, the quality of the food and the furniture available.