THIRD SECTION

Application no . 20499/11 Marcel VARGA against Romania lodged on 25 March 2011

STATEMENT OF FACTS

The app licant, Mr Marcel Varga , is a Romanian national, who was born in 1977 .

The circumstances of the case

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

The applicant started his detention in Oradea Prison on 23 June 2010. He is currently detained in Satu Mare Prison .

He mainly complains of overcrowding alleging that he shares a cell of twenty ‑ four sq uare metres with sixteen other detainees.

The applicant alleges that despite the fact that he is a non-smoker, he was detained with inmates who smoked inside the cell. He claims that his health worsened because of the conditions in which he was kept and that he was diagnosed with TBC.

COMPLAINTS

1. The applicant complains under Article 3 of the Convention about the material conditions of his detention in Oradea Prison . He alleges that despite the fact that he was diagnosed with TBC he had to share his cell with smokers.

2. Under the same article the applicant complains about the alleged ill ‑ treatment to which he was subjected on 28 June 2010.

3. Relying on Article 5 of the Convention he complains that his arrest on 28 June 2010 was unlawful.

4. Under Article 6 § 1 of the Convention the applicant complains about the alleged unfairness of the criminal proceedings against him.

QUESTION to the pARTIES

Did the conditions of the applicant ’ s detention in Oradea Prison breach the requirements of Article 3 of the Conv ention, taking into account his allegations of overcrowding and of sharing his cell with smokers ?

The Government are invited to provide additional information concerning the conditions of the applicant ’ s detention, in particular concerning the size of the respective cells and the distribution of the smokers and non-smokers in the cells.