Communicated on 4 March 2014

THIRD SECTION

Application no. 65513/13 Claudiu -Lauren È› iu PÄ‚VÄ‚LUCÄ‚ against Romania and 3 other applications (see list appended)

STATEMENT OF FACTS

All applicants, whose particulars are set out in the appendix, are Romanian nationals. They are currently serving their sentence in the Bacău Penitentiary.

The facts of their case, as submitted by the applicants may be summaris ed as follows.

The applicants, Claudiu-LaurenÈ›iu Păvălucă (application no. 65513/13) and Valentin- Dorin Păvălucă (application no. 65996/13) describe the conditions of their pre-trial detention at the Bacă u Police Inspectorate and their current detention in the Bacău Penitentiary as follows: ( i ) o vercrowding (the applicant s shared for twen ty days a cell measuring twenty square meters with other ten inmates; subsequently they shared a cell measuring twenty - two square meters wi th other eight inmates for five months; at the present moment the applicant s share a forty ‑ five square meters cell with other twenty-six persons); (ii) in the present cell, the detainees have only one shower, completely exposed, with no curtain or other fabric that would provide for priva cy, one small broken window that does not protect from the cold outside and only one toilet seat; (iii) hot wate r is available twice a week for one hour.

Applicant Constantin- Cătălin Crăciun (application no. 65522/13) affirms that the conditions of his pre-trial detention at the Piatra- NeamÈ› Police Inspectorate and his current detention at the Bacău Penitentiary are inhuman and degrading and describes them as follows: ( i ) o vercrowding (the applicant shared for twent y-four days a cell measuring twen ty square meters with other twenty-three inmates; subsequently he sh ared a cell measuring twenty ‑ eight square meters with other twenty-five inmates for almost six months; at the present moment the applicant shares a forty ‑ five square m eters cell with other twenty-seven persons); (ii) lack of basic sanitary requirements for food, ac cess to water, and shower rooms.

Applicant Cătălin- Bogdan Rusu (application no. 65993/13) describes the conditions of his pre-trial detention at the Bacă u Police Inspectorate and his current detention at the Bacău Penitentiary as follows : ( i ) o vercrowding (the applicant shared for twenty -four days a cell measuring twe nty square meters with other twenty-three inmates; subsequently he sh ared a cell measuring twenty ‑ eight square meters with other twenty-five inmates for approximately six months; at the present moment the applicant shares a forty - five square m eters cell with other twenty-seven persons); (ii) poor hygienic conditions; (iii) broken sanitary installations.

All applicants denounce the presence of insects and rats in their detention facilities.

COMPLAINT

The applicant s complain under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Bacău Penitentiary and on the premises of the Bacău Police Inspectorate and Piatra- Neamț Police Inspectorate.

QUESTION S TO THE PARTIES

1. Have the applicant s been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Bac ă u Penitentiary and on the premises of the Bacău Police Inspectorate and Piatra ‑ NeamÈ› Police Inspectorate during their pre-trial arrest?

2. The Government are invited to provi de information on the applicant s ’ detention conditions, in particular in connection with the material conditions of the cells where the applicant s ha ve been detained, namely the size of the cells, the number of beds, their quality, the number of persons being detained in the same cell with the applicant s , the furniture and the sanitary facilities available in the cell. The Government are also invited to provide information regarding the measures taken to provide hygienic conditions of detention, including but not limited to compliance with basic sanitary requirements .

Appendix

No.

Application No.

Lodged on

Applicant

Date of birth

Place of residence

65513/13

11/10/2013

Claudiu-Laurențiu PĂVĂLUCĂ

27/05/1981

Piatra- NeamÈ›

65522/13

11/10/2013

Valentin- Dorin PÄ‚VÄ‚LUCÄ‚

11/10/1984

Rogoz

65992/13

10/10/2013

Constantin- Cătălin CRĂCIUN

23/07/1983

Piatra- NeamÈ›

65996/13

10/10/2013

Cătălin- Bogdan RUSU

19/09/1981

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