THIRD SECTION

Application no. 39516/13 Laviniu MOȘMONEA against Romania lodged on 6 June 2013

STATEMENT OF FACTS

The applicant, Mr Laviniu Moșmonea , is a Romanian national, who was born in 1966 and lives in Craiova .

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

At an unspecified date, the applicant was transferred to the Craiova Penitentiary of Maximum Security. The applicant affirms conditions of detention were inhuman and describes them as follows: (i) the cell had to be shared with other twenty- one detainees; (ii) the cell measured ten per six meters, had twenty- one bunk beds, one shower, two sink, two toilets and a small caboose; (iii) the detainees have access to hot water twice a week for maximum one hour.

After twenty- one days, the applicant was moved to a cell he had to share with other thirty-nine detainee s . The cell measured thirty per eight meters, had thirty ‑ nine bulk beds, three sinks, three showers, three toilets, a small caboose and no refrigerator. The applicant stayed in this cell from 12 March 2008 until 3 March 2010 when he was moved to the Rahova Penitentiary.

O n 14 May 2012 the applicant ’ s regime was changed from closed to semi-closed and was moved to the Târgu-Jiu Penitentiary in a cell that had twenty ‑ seven bulk beds for thirty-three detainees, with one toilet, a shower and two sinks. Hot water was available two times a week for maximum one hour. Apparently the applicant asked before a court to be released in order to undergo a prostate surgery but his claim was denied. On 13 July 2012 he was transferred to the Pelendava Penitentiary . The material conditions of detention were similar to the previous ones : forty-six detain ees in a cell, with bulk beds, three sinks, two toilets, and a caboose. The applicant also claims that he is not a smoker and that despite his several requests to be put in a cell with non-smoking detainees, his demand was denied . Also, the applicant affirms that the showers are at fifty meters far from the cell and that this fact had aggravated the applicant ’ s health problems. Moreover, the applicant says his medication had been interrupted and his health deteriorated.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of detention in the Craiova Penitentiary of Maximum Security, the Tâ rgu-Jiu Penitenciary and the Pelendava 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 Craiova Penitentiary of Maximum Security, the Tâ rgu-Jiu Penitentiary and the Pelendava Penitentiary ?

2. The Government are invited to provide information on the app licant ’ s detention conditions , 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 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 penitentiaries. 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.