THIRD SECTION

Application no. 9985/13 Augustin Viorel Èš IGAN against Romania lodged on 3 January 2013

STATEMENT OF FACTS

The applicant, Mr Augustin Viorel Èšigan , is a Romanian national, who was born in 1958 and lives in Oradea.

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

The applicant was sentenced at an unstated date to fifteen years ’ imprisonment and has been in detention since 20 October 2004. He is currently serving his sentence in the Oradea Penitentiary.

The applicant states that the conditions of detention are inhuman; namely, the applicant complains that: ( i ) the cell measures 3x3 or 3.15x3.15 square metr e s , it is shared by four detainees and it includes the toilet of one square meter; (ii) the toilet is not equipped with a separate ventilation system, which forces the detainees to open the door towards the cell for ventilation; (iii) the sink is small and partially blocks the door between the toilet and the room; (iv) there are two windows with a surface of 80x75 or 75x75 square c enti m etres that do not allow an adequate lighting and ventilation as they are covered by metal bars and wire mesh; (v) there is no separate space for personal effects and no adequate space for keeping food, such as a fridge; (vi) the room is equipped with only one chair, which forces the detainees to eat on the beds bellow or standing; (vii) the detainees have to dry their clothes in the cell, which causes the air to become stiff; (viii) there are frequent fights between the cell mates, caused by the cramped conditions in which they live, which causes stress for the applicant; (xix) the quality of food provided by the penitentiary is low and it is served in unhygienic conditions, as some of the catering staff does not wear gloves; (x) the common showers are not all functional and the time allocated per detainee is less than four minutes.

The applicant also states that the material conditions of the room for family visits are inadequate, as the detainees are separated from their visitors by high glass windows and do not have phones, which causes high noise in the room and prevents him from adequately communicating with his visitors.

Without referring to specific dates, the applicant states that he was usually transported in inhuman conditions between the penitentiary and the national courts.

COMPLAINT

The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Oradea Penitentiary and during the transfers between the Oradea Penitentiary and the national courts.

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 Oradea Penitentiary and during transportation between the Oradea Penitentiary and the national courts?

2. The Government are invited to provide information on the applicant ’ s detention conditions in the Oradea 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 and the number of persons being detained in the same cell with the applicant, the furniture and the sanitary installation available in the cell. The Government are also invited to provide information regarding the quality of food provided to the applicant, as well as the material conditions of the areas designated for family visits.

3. The Government are invited to provide information regarding the conditions of transportation between the Oradea Penitentiary and the courts.