THIRD SECTION

Application no. 11501/09 Nistor Isai FAUR against Romania lodged on 27 March 2006

STATEMENT OF FACTS

The applicant, Mr Nistor Isai Faur , is a Romanian national, who was born in Arad. He is currently serving his prison sentence in Timi ÅŸ oara Prison.

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

The applicant was initially detained in Arad Prison. On an unspecified date in 2009 he was transferred to TimiÅŸ oara Prison .

In respect of the establishments in which he was detained, the applicant alleges that he was kept in overcrowded cells .

He also claims that despite the fact that he is non-smoker he had to share the cell with smokers. He lodged several complaints in this respect claiming that he had health problems because of the smoke he had inhaled from his inmates. By a final decision o f 12 April 2005 the Arad County Court allowed one of the applicant ’ s complaints and ordered the placement of the applicant in a non-smoker cell. The applicant claimed that this decision had not been observed by the prison authorities.

The applicant also complains about smoking during his transport in the prisons ’ van. In this respect he submitted a statement signed by another co-detainee on 5 May 2009.

COMPLAINT

The applicant complains under Article 3 of the Convention about th e overcrowding in Arad and Timiş oara Prisons. He also complains that despite that he is non-smoker and had health problems because of smoke he had to share his cell and the prisons ’ van with smokers.

QUESTION TO THE PARTIES

Has the applicant been detained in inhuman and degrading conditions of detention in breach of Article 3 of the Convention on account of overcrowding in Arad and Timiş oara Prisons and of lack of separation between smokers and non-smokers in both prisons and in the prisons ’ van?