THIRD SECTION

Application no. 36348/08 Lilian CHIRICA against the Republic of Moldova lodged on 18 July 2008

STATEMENT OF FACTS

The applicant, Mr Lilian Chirica , is a Moldovan national, who was born in 1978 and lives in Ghidighici . He is represented before the Court by Mr A. Postica , a lawyer practising in Chisinau .

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

By a final decision of the Supreme Court of Justice of 19 November 2008 the applicant was convicted for fraud and sentenced to fourteen years ’ imprisonment.

In the meantime, during the criminal proceedings the applicant was detained in Prison no. 13 where, according to him, the material conditions were very poor.

On 30 September 2006 the applicant had an altercation with a co-detainee, during which he injured his right hand. As a result, the applicant ’ s hand became infected and the applicant started to have fever. On 2 October 2006 an ambulance was called and the applicant received some medical assistance. The doctors recommended the applicant ’ s immediate hospitalisation , however, the prison authorities refused to authorise it.

During the following two weeks the applicant was periodically taken to a hospital for change of bandage. On 12 October 2006 a doctor recommended repeatedly the applicant ’ s hospitalisation. However, he was hospitalised only on 16 October 2006, after his state became critical. The doctors had to surgically remove one of the tendons on his hand due to its necrosis. As a result, the applicant ’ s hand became partly un-functional.

On 8 November 2006 the Prosecutor General ’ s Office initiated an investigation in respect of the omission of the prison administration to authorise the applicant ’ s hospitalisation. The investigation was discontinued and re-opened on several occasions and is pending to date.

COMPLAINTS

The applicant complains under Article 3 of the Convention that the conditions in Prison no. 13 and the failure of the prison authorities to provide him with appropriate medical care in due time amounted to inhuman and degrading treatment . He also complains that the authorities failed to conduct an effective investigation into his complaints against the prison administration for their failure to authorise his hospitalisation.

QUESTIONS TO THE PARTIES

1. Do the conditions in Prison No. 13 , where the applicant has been held, amount to inhuman or degrading treatment in breach of Article 3 of the Convention? In addition, was the repeated denial of his access to medical assistance in conformity with the requirements of Article 3 of the Convention?

2. Having regard to the procedural protection under Article 3 of the Convention (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation conducted in the present case by the domestic authorities effective for the purposes of that Article?

The Government are asked to submit a copy of the full version of the case file, concerning the criminal investigation instituted by the Prosecutor ’ s Office in respect of the applicant ’ s criminal complaint.