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TIMOFTE v. ROMANIA

Doc ref: 52375/13 • ECHR ID: 001-142790

Document date: April 1, 2014

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TIMOFTE v. ROMANIA

Doc ref: 52375/13 • ECHR ID: 001-142790

Document date: April 1, 2014

Cited paragraphs only

Communicated on 1 April 2014

THIRD SECTION

Application no. 52375/13 Gheorghe TIMOFTE against Romania lodged on 6 August 2013

STATEMENT OF FACTS

The applicant, Mr Gheorghe Timofte , is a Romanian national, who was born in 1973. He is currently serving a prison sentence in the Boto ÅŸ ani Penitentiary.

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

The applicant, sentenced in 2009 to six years ’ imprisonment, was detained from 2009 until 2011 in the Ia ş i Penitentiary and then transferred in the Boto ş ani Penitentiary.

The applicant complains about overcrowding in the Boto ÅŸ ani Penitentiary. He shares cell no. 419 with other seventeen inmates and they are accommodated in fifteen beds . All the inmates sharing his cell are smokers, whereas he is not smoking.

He also refers to the poor hygiene, namely that the cell is infested with bedbugs. He alleges that the window do not allow an adequate ventilation as it is covered by two rows of metal bars and one mesh.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of his detention in the Boto ÅŸ ani 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 BotoÅŸani Penitentiary?

The Government are invited to provide information on the applicant ’ s detention conditions in the Botoşani Penitentiary, 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, the number of the smokers among them, but also the other material conditions of detention, such as the size of the cells, the number and size of the windows, the mesh and the metal bars, the sanitary installation available and the measures taken to ensure hygiene in the cells.

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