THIRD SECTION

Application no. 10304/13 Tudor PANDELE against Romania lodged on 30 January 2013

STATEMENT OF FACTS

The applicant, Mr Tudor Pandele, is a Romanian national, who was born in 1954 and lives in Medgidia.

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

The applicant has been in detention since 11 January 2008 and he is currently serving an 11 year prison sentence in the Poarta Alba Penitentiary.

The applicant states that the conditions of detention are as follows: (i) in his cell, which measures 5x12 square metres, there are 40 to 50 beds, toilets and four lavatories measuring 3 square metres; (ii) the mattresses are dirty and infested with bed bugs and lice and it is up for the detainees to clean the pillows and the bed linen with the soap provided for their personal hygiene; (iii) the detainees only have access to the shower area twice a week for 15 minutes, and the shower room is too small for 40 to 50 detainees to take a shower at the same time; he adds that the shower room is located at the far end of the Penitentiary and during winter they have to face the cold on their way to and back from the showers; (iv) as to the quantity and quality of the food provided , the applicant states that he does not receive appropriate food for his diabetic condition, that he does not receive any meat (only fat, bones and vegetables for lunch, tea, margarine and jam for breakfast and rice, boiled potatoes or pasta for dinner) and that the food is given to them through the cell bars with a soup ladle; (v) the outdoor courtyard in Section 5, which measures 120 square metres and has two 4 metre -long metal benches, is used by 500-600 detainees; (vi) the medical office is open only once a week and its services are not sufficient for all 500-600 detainees.

COMPLAINT

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

QUESTIONS TO THE PARTIES

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

2. The Government is invited to provide information on the applicant ’ s detention conditions in the Poarta Alba Penitentiary , in particular in connection with the material conditions of the cell s where the applicant had been detained, namely the size of the cells, the number of beds and the number of persons being detained in th e same cell with the applicant and the sanitary installations available in the cell. The Government is also invited to provide information regarding the quantity and quality of the food provided to the applicant, as well as the material conditions of the areas designated for outdoor activities .