THIRD SECTION

Application no. 17392/13 Niculae NEACȘU against Romania lodged on 26 February 2013

STATEMENT OF FACTS

The applicant, Mr Niculae Neac È™ u , is a Romanian national, who was born in 1968. He is currently serving a prison sentence in the Jilava Penitentiary . He is represented before the Court by Ms I. Peter , a lawyer practising in Bucharest .

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

The applicant , sentenced on 11 May 2006 by the High Court of Cassation and Justice to fifteen years ’ imprisonment , is currently serving his conviction in the Jilava Penitentiary, after being detained between January 2005 and June 2006, at the Jilava Penitentiary, then until August 2006 at the Poarta Alb ă Penitentiary, then three years at the Rahova Penitentiary and again for three years at the Giurgiu Penitentiary.

He states that the conditions of detention in all the penitentiaries mentioned above are inhuman and degrading due to overcrowding. He describes that twenty-seven inmates have to share a cell of 40 square meters, that during winters is insufficiently heated , the cold being intense.

He also refers to the poor hygiene, namely that the sanitary installations function improperly , that the cell which is insufficiently ventilated is infested with rats, bedbugs and lice and that it has a window in the direction of the garbage bins , the smell spread being unbearable and that during summers, the water was almost all the time cut.

He also makes reference to the fact that he has severe dental problems, for which he was not provided with adequate medical treatment, this leading to the loss of several teeth.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Giurgiu, Jilava , Poarta Alb ă and Rahova Penitentiaries.

QUESTIONS TO THE PARTIES

1. Has the applicant been subject, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Giurgiu, Jilava , Poarta Alb ă and Rahova Penitentiaries ?

2. The Government are invited to provide information on the applicant ’ s detention conditions in the Giurgiu, Jilava , Poarta Alb ă and Rahova 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 cell, the number and size of the windows, the sanitary installations available, the measures taken to ensure hygiene in the cells .

3. The Government are also invited to provide information in relation to the medical treatment provided to the applicant.