THIRD SECTION
Application no. 36059/12
Miron BORDENCIU
against Romania
lodged on 15 May 2012
STATEMENT OF FACTS
1. The applicant, Mr Miron Bordenciu, is a Romanian national, who was born on 28 August 1966 and lives in Mioveni.
2. The facts of the case, as submitted by the applicant, may be summarised as follows.
3. The applicant, sentenced at an unstated date to 25 years’ imprisonment, is currently serving his conviction in the Târgu-Jiu Penitentiary.
4. The applicant states that the conditions of detention are inhuman (dirtiness – including vermin, overcrowded cells and lack of natural light) and that he is subject to physical torture; namely, the applicant complains that: (i) the latticed windows are blocked with iron bars barely allowing the sunlight to come inside; (ii) in a room of 4x4m, a number of 35-40 detainees are being kept together; (iii) he shared cells with smoking prisoners; and (iv) the prison administration concluded a contract with a shoe making company and the 60 detainees who are allocated to the shoe-making activity all share the same room where the shoes are stored, night and day.
5. He also believes that such conditions may cause the spreading of viruses in the penitentiary.
COMPLAINT
6. By invoking Article 3 of the Convention he applicant complains of the inhuman and degrading conditions of detention, as described above, in the Târgu-Jiu Penitentiary.
QUESTION TO THE PARTIES
Has the applicant been subject, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Târgu-Jiu Penitentiary?
The Government is invited to provide information on the applicant’s detention conditions in the Târgu-Jiu Penitentiary, in particular in connection with the cells where the applicant has been detained, stating particularly the number of beds and the number of persons being detained in the same cell with the applicant and separately, the number of the smokers among them, but also the other material conditions of the cell, such as the size of the cell, the number and size of the windows, the sanitary installation available and the measures taken to ensure the hygiene in the cell especially against insects and any other form of parasites and skin diseases.
Full & Egal Universal Law Academy