Communicated on 25 June 2014
THIRD SECTION
Application no. 6369/14
Gheorghe CHISĂLĂU PETREA against Romania
lodged on 7 January 2014
STATEMENT OF FACTS
The applicant, Mr Gheorghe Chisălău Petrea, is a Romanian national who was born in 1950. He is currently detained in Focşani Prison.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 25 June 2010 the applicant was detained after he had been convicted to ten years’ imprisonment for rape and human trafficking.
The applicant stated before the Court that from 25 June 2010 to date he had been detained in Bacău, Iaşi and Focşani Prisons.
In his initial letters to the Court the applicant stated that the detention cells were squalid; not heated; infested with bed bugs, lice and rodents; unhygienic; lacked sufficient air and smelled. In addition, he had to share the cells with between forty five and fifty five detainees although the maximum capacity of the cells was fifteen detainees. Furthermore, the quality of the food was very poor.
B. Relevant domestic law
Article 38 of Law no. 275/2006 on the execution of sentences provides for an appeal to be lodged with the post-sentencing judge, who has the powers described in Article 3 § 5 of Ordinance no. 56/2003 and whose decision can be appealed against to a court. The law provides that sentences should be executed in conditions compatible with respect for human dignity. One or more judges are delegated by the local court of appeal to supervise the observance of the rights guaranteed by the law and he (they) examine(s) the complaints of detainees.
COMPLAINT
Relying in substance on Article 3 of the Convention the applicant complains that he was subjected to inhuman and degrading treatment on account of the material conditions of detention in Bacău, Iaşi and Focşani Prisons.
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 material conditions of detention in Bacău, Iaşi and Focşani Prisons?
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