Communicated on 17 November 2016
FOURTH SECTION
Application no. 56103/15
Marius Gabriel IACOB
against Romania
lodged on 3 November 2015
STATEMENT OF FACTS
The applicant, Mr Marius Gabriel Iacob, is a Romanian national who was born in 1983. He is currently in detention in Tulcea Prison.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 15 November 2004 the applicant was detained pending trial on suspicion of robbery.
By a final judgment of 4 July 2006 the Brăila County Court convicted the applicant of robbery and sentenced him to nineteen years in prison.
The applicant stated in his application to the Court that he has been detained in overcrowded and squalid cells since his incarceration. As a result of the aforementioned prison conditions he became ill with tuberculosis while he was detained in Tulcea Prison.
From 3 October 2014 to 3 June 2015 the applicant was admitted to Târgu-Ocna Prison Hospital. According to a medical report from that hospital, the applicant was diagnosed with tuberculosis and received treatment. The medical report also showed that he was a newly registered case.
B. Relevant domestic and international law
Excerpts from the relevant legal provisions concerning the rights of detainees, including Laws nos. 275/2006 and 254/2013 as well as the reports, guides and rules of the European Committee for the Prevention of Torture, the World Health Organisation, the International Red Cross and the Committee of Ministers are given in the cases of Iacov Stanciu v. Romania (no. 35972/05, §§ 116-29, 24 July 2012), Verdeş v. Romania (no. 6215/14, § 36, 24 November 2015) and Dobri v. Romania (no. 25153/04, §§ 26, 27 and 29, 14 December 2010).
COMPLAINT
The applicant complains under Article 3 of the Convention that he has been subjected to inhuman and degrading physical conditions of detention since his incarceration. Moreover, he became ill with tuberculosis during his detention because of the conditions of detention and the inaction of the Tulcea Prison authorities.
QUESTIONS TO THE PARTIES
Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, on account of:
a) the physical conditions of his detention from his incarceration in November 2004 to date;
b) the fact that he became ill with tuberculosis while in prison as a result of the physical conditions of his detention?
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