Communicated on 17 April 2014
THIRD SECTION
Application no. 15840/13
Aurel ALI ASAN against Romania
lodged on 20 February 2013
STATEMENT OF FACTS
The applicant, Mr Aurel Ali Asan, is a Romanian national, who was born in 1973. Currently he is detained in Galați Prison.
The facts of the case, as submitted by the applicant, may be summarised as follows.
By a final judgment of 19 March 2013 the Galați County Court dismissed the applicant’s action seeking the suspension of the execution of his prison sentence on medical grounds. It held inter alia that according to the medical expert report produced by the Mina Minovici Forensic Institute the applicant needed replacement of lost bone tissue surgery after an operated head injury suffered in 2006. The surgery was not urgent, but could not be carried out in a prison hospital. However, the applicant could be transferred to a civilian hospital under permanent guard. Consequently, it was not impossible for the applicant to serve out his sentence.
On 3 June 2013, by relying on the Mina Minovici Forensic Institute’s report, the applicant motioned the post-sentencing judge attached to Galați Prison to be allowed to undergo the surgery he needed and requested assistance from him.
On 4 June 2013 the post-sentencing judge attached to Galați Prison informed the applicant that his motion had been forwarded to the prison’s medical office in order to be solved.
On 7 June 2013, by referring to the Galați Prison’s post-sentencing judge’s referral, the warden of Galați Prison informed the applicant that according to the medical evaluation report produced in Rahova Prison Hospital prior to the medical expert report produced by the Mina Minovici Forensic Institute he did not need surgery for the head injury he had suffered in 2006.
COMPLAINT
Relying on Articles 2 and 8 of the Convention the applicant complains that the prison authorities had endangered his life by refusing to provide him with the required medical treatment for his condition as confirmed by the medical expert report and the final judgment of 19 March 2013.
QUESTION TO THE PARTIES
Was the applicant subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention, on account of the refusal of the prison authorities to provide him with the adequate medical treatment required for his medical condition?
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