Communicated on 18 December 2014
THIRD SECTION
Application no. 36125/14
Andrei BASTOVOI
against the Republic of Moldova
lodged on 24 April 2014
STATEMENT OF FACTS
The applicant, Mr Andrei Bastovoi, is a Moldovan national, who was born in 1959 and is detained in Chisinau. He is represented before the Court by Mr R. Zadoinov, a lawyer practising in Chişinău.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 23 December 2013 the applicant was arrested and charged with embezzlement and organization of an attempted murder of two businessmen. Since that date he is being detained in Prison No. 13 in Chisinau.
According to the applicant, he has been detained in a cell measuring 6 sq.m with five other inmates, which left very little space for each detainee. Due to overcrowding, the detainees had to share the beds. He was not provided with bedding and pillow. There was no sink and running tap water in the cell. The squat toilet was not separated from the rest of the cell and gave off a foul odour.
He asserted that he has been detained with inmates diagnosed with tuberculosis, HIV/AIDS and other infectious diseases. As a result of being detained in inhuman conditions of detention he got ill with mycosis, gastritis and respiratory infection. He was not provided with medical assistance and was prohibited from receiving herbal medicines from his wife.
The applicant complained about inhuman conditions of detention to the Chisinau Prosecutor’s Office, the Penitentiary Department and the Court of Appeal but the only answer was that there were no better conditions.
COMPLAINTS
The applicant complains under Article 3 of the Convention that the material conditions of detention and lack of medical assistance in Prison No. 13 amounted to inhuman and degrading treatment.
He also complains that he did not have, as required by Article 13 of the Convention, any effective remedies at his disposal for his complaints under Article 3.
QUESTIONS TO THE PARTIES
1. Has there been a violation of Article 3 of the Convention? In particular, was the applicant held in inhuman or degrading conditions of detention?
2. Was the applicant suffering from any serious health problems during detention? If so, did the applicant receive adequate medical care in respect of such health problems, as required by Article 3 of the Convention?
3. Did the applicant have at his disposal an effective domestic remedy for his complaints under Article 3 regarding his conditions of detention and medical assistance, as required by Article 13 of the Convention?
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