THIRD SECTION
Application no. 75985/12
Vasile BAHNĂ
against Romania
lodged on 23 November 2012
STATEMENT OF FACTS
The applicant, Mr Vasile Bahnă, is a Romanian national, who was born in 1976. He is currently detained in Iaşi Prison.
The facts of the case, as submitted by the applicant, may be summarised as follows.
According to the medical documents submitted by the applicant, he started to serve his prison sentence on 9 August 2004. In his application he stated that he was sentenced to fifteen years’ imprisonment for rape.
On 10 August 2004 he underwent a medical examination to determine his medical condition at the time of incarceration. According to the medical report issued on the same day he was suffering from a psychological disorder. No other medical condition was identified in the report.
Between 28 September 2004 and 5 January 2005 the applicant was hospitalised in Târgu-Ocna Prison Hospital. According to his discharge papers he was diagnosed and treated for tuberculosis, reactivated chronic sinusitis and antisocial personality disorder.
On 5 June 2011 and 5 March 2012 the applicant lodged two separate sets of complaints with the Iaşi and Botoşani District Courts, respectively, concerning the inhuman and degrading conditions in Romanian Prisons. However, his complaints remained allegedly unanswered.
On 16 March 2012 the applicant was examined by a specialist doctor at the Botoşani Emergency County Hospital. He was diagnosed inter alia with sinusitis.
Between 2 and 19 October 2012 the applicant was hospitalised in Târgu‑Ocna Prison Hospital. According to his discharge papers he was diagnosed and treated for toxic hepatitis, chronic obstructive bronchopneumonia, anaemia and breathing difficulties.
COMPLAINTS
1. Relying on Article 3 of the Convention the applicant complains about the material conditions of detention he was subjected to “in Romanian Prisons”, in particular overcrowding; squalid conditions; lack of sufficient air; insect and rodent invasion; major health hazard; lack of sufficient and adequate food and of a place to serve the meals. Invoking the same Article of the Convention the applicant complains that during his detention he became ill with toxic hepatitis, obstructive bronchopneumonia, anaemia, breathing difficulties, sinusitis, otitis and a deviated septum as a result of the inhuman conditions he was subjected to in prison.
2. Relying on Articles 2 and 3 of the Convention the applicant complains about the lack of adequate medical treatment in prison for his illnesses.
QUESTIONS TO THE PARTIES
1. Has the applicant been detained since 2004 in inhuman conditions of detention in breach of Article 3 of the Convention?
2. Have the State authorities taken all necessary measures to safeguard his health and well-being in prison, in accordance with their positive obligations under Article 3 of the Convention? In particular,
Did the applicant contract or develop several illnesses while in prison, including toxic hepatitis? If so, did this fact in itself amount to a violation of Article 3 of the Convention?
Were the Romanian Prisons’ authorities capable to provide him with the appropriate medical treatment for his illnesses?
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