Published on 23 May 2022

SECOND SECTION

Application no. 35515/18 Radu ȘALARI against the Republic of Moldova lodged on 4 July 2018 communicated on 3 May 2022

SUBJECT MATTER OF THE CASE

The application concerns the inefficient investigation of the applicant’s ill ‑ treatment by another inmate, as well as the insufficient medical assistance given to him after the ill-treatment.

The applicant was detained in a Moldovan prison. During his sport activity with weights, he was hit from behind with a metal bar, breaking several of his ribs. The prison doctor saw the applicant and allegedly told him that no X-ray examination was necessary. He was given pain killers and told to stay immobilized, wrapped up in a bed sheet. He spent more than a month like that, in great pain and with minimal medical assistance. An X-ray exam was eventually made some two years later and confirmed that the applicant had three broken ribs. The prosecution refused on several occasions to open a criminal investigation into the applicant’s ill-treatment, but the courts annulled the relevant decisions.

The applicant complains of a violation of Article 3 of the Convention, in essence about the ineffective investigation into his ill-treatment and the insufficient medical assistance given to him.

QUESTION TO THE PARTIES

Has there been a violation of Article 3 of the Convention? In particular:

1. Did the authorities carry out an effective investigation into the applicant’s allegation of ill-treatment in prison? ( Bouyid v. Belgium [GC], no. 23380/09, §§ 81-134, ECHR 2015)

2. Did he receive medical assistance as required by his condition and in a timely manner? ( Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, §§ 177-182, 23 February 2016)