THIRD SECTION

Application no. 76944/12 Stefan GHIUR against Romania lodged on 16 November 2012

STATEMENT OF FACTS

The applicant, Mr Ştefan Ghiur , is a Rom anian national, who was born in 1958 and lives in Galaţi .

The circumstances of the case

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

The applicant, sentenced on 10 January 2008 by the High Court of Cassation and Justice to fifteen years ’ imprisonment, is currently serving his conviction in the Galaţi Penitentiary, after being detained at Tulcea Penitentiary until 5 March 2012.

He states that the conditions of detention are inhuman and degrading due to the overcrowding. He describes that between eleven to fifteen inmates have to share a cell of fifteen square meters. M any of the inmates sharing his cell are smokers, while he is not smoking.

He also refers to the bad hygiene, namely that the vessel and the food are kept directly on the floor, no shelves existing and access to water being strictly limited .

He believes that such conditions have contributed to the progressive deterioration of his health.

COMPLAINTS

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

QUESTIONS TO THE PARTIES

1. Has the applicant been subject, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Tulcea and Galaţi Penitentiaries ?

2. The Government is invited to provide information on the applicant ’ s detention conditions in the Tulcea and Galaţi Penitentiaries, in particular in connection with the cells where the applicant has been detained, stating particularly the number of beds and the number of persons being detained in the same cell with the applicant and separately, the number of the smokers among them, but also the other material conditions of the cell, such as the size of the cell, the number and size of the windows, the sanitary installation available and the measures taken to ensure hygiene in the cells.