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)