THIRD SECTION

Application no. 22165/13 Valerian NICA (SFRLOAGĂ) against Romania lodged on 25 March 2013

STATEMENT OF FACTS

The applicant, Mr Valerian Nica (Sfârloagă) , is a Romanian national, who was born in 1958 and lives in Ploieşti . The applicant ’ s family name is mentioned in domestic court decisions and other official documents as either Sfârloagă, Nica or Nica (Sfârloagă).

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

The applicant was sentenced on 29 November 2011 by the Ploiești Court of Appeal to five years imprisonment and is currently serving his conviction in the Ploiești Penitentiary.

The applicant states that the conditions of detention are inhuman; namely, the applicant complains that: (i) the cell measures approximately 30 square meters and it is shared by 38 detainees; (ii) the toilet measures 1 square meter and it is used by all the detainees sharing the cell ; (iii) the beds and mattresses are inadequate for sleeping as they are old, shredded, and dirty, and his family is not allowed to replace them; (iv) access to cold water is totally restricted for four hours during the day and throughout the entire night; (v) the detainees have access to showers only once per week; (vi) the shower room is common for all detainees and is unsanitary ; (vii) the authorities do not provide funds for cleaning supplies and the detainees have to buy their own supplies at the penitentiary shop; (viii) the food provided by the penitentiary does not correspond to hygienic norms ; (xix) there are no proper places for storing food .

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Ploiești Penitentiary .

QUESTIONS TO THE PARTIES

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

2. The Government are invited to provide information on the applicant ’ s detention conditions in the Ploiești Penitentiary, in particular in connection with the material conditions of the cells where the applicant has been detained, namely the size of the cells, the number and size of the windows, the number of beds , their quality, the number of persons being detained in the same cell with the applicant, the furniture and the sanitary facilities available in the cell and in the penitentiary. 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 for food, access to water, and shower rooms.