Communicated on 4 March 2014
THIRD SECTION
Application no. 65513/13
Claudiu-Laurențiu PĂVĂLUCĂ against Romania
and 3 other applications
(see list appended)
STATEMENT OF FACTS
All applicants, whose particulars are set out in the appendix, are Romanian nationals. They are currently serving their sentence in the Bacău Penitentiary.
The facts of their case, as submitted by the applicants may be summarised as follows.
The applicants, Claudiu-Laurențiu Păvălucă (application no. 65513/13) and Valentin-Dorin Păvălucă (application no. 65996/13) describe the conditions of their pre-trial detention at the Bacău Police Inspectorate and their current detention in the Bacău Penitentiary as follows: (i) overcrowding (the applicants shared for twenty days a cell measuring twenty square meters with other ten inmates; subsequently they shared a cell measuring twenty-two square meters with other eight inmates for five months; at the present moment the applicants share a forty‑five square meters cell with other twenty-six persons); (ii) in the present cell, the detainees have only one shower, completely exposed, with no curtain or other fabric that would provide for privacy, one small broken window that does not protect from the cold outside and only one toilet seat; (iii) hot water is available twice a week for one hour.
Applicant Constantin-Cătălin Crăciun (application no. 65522/13) affirms that the conditions of his pre-trial detention at the Piatra-Neamț Police Inspectorate and his current detention at the Bacău Penitentiary are inhuman and degrading and describes them as follows: (i) overcrowding (the applicant shared for twenty-four days a cell measuring twenty square meters with other twenty-three inmates; subsequently he shared a cell measuring twenty‑eight square meters with other twenty-five inmates for almost six months; at the present moment the applicant shares a forty‑five square meters cell with other twenty-seven persons); (ii) lack of basic sanitary requirements for food, access to water, and shower rooms.
Applicant Cătălin-Bogdan Rusu (application no. 65993/13) describes the conditions of his pre-trial detention at the Bacău Police Inspectorate and his current detention at the Bacău Penitentiary as follows: (i) overcrowding (the applicant shared for twenty-four days a cell measuring twenty square meters with other twenty-three inmates; subsequently he shared a cell measuring twenty‑eight square meters with other twenty-five inmates for approximately six months; at the present moment the applicant shares a forty-five square meters cell with other twenty-seven persons); (ii) poor hygienic conditions; (iii) broken sanitary installations.
All applicants denounce the presence of insects and rats in their detention facilities.
COMPLAINT
The applicants complain under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Bacău Penitentiary and on the premises of the Bacău Police Inspectorate and Piatra-Neamț Police Inspectorate.
QUESTIONS TO THE PARTIES
1. Have the applicants been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Bacău Penitentiary and on the premises of the Bacău Police Inspectorate and Piatra‑Neamț Police Inspectorate during their pre-trial arrest?
2. The Government are invited to provide information on the applicants’ detention conditions, in particular in connection with the material conditions of the cells where the applicants have been detained, namely the size of the cells, the number of beds, their quality, the number of persons being detained in the same cell with the applicants, the furniture and the sanitary facilities available in the cell. The Government are also invited to provide information regarding the measures taken to provide hygienic conditions of detention, including but not limited to compliance with basic sanitary requirements.
Appendix
No.
Application No.
Lodged on
Applicant
Date of birth
Place of residence
65513/13
11/10/2013
Claudiu-Laurențiu PĂVĂLUCĂ
27/05/1981
Piatra-Neamț
65522/13
11/10/2013
Valentin-Dorin PĂVĂLUCĂ
11/10/1984
Rogoz
65992/13
10/10/2013
Constantin-Cătălin CRĂCIUN
23/07/1983
Piatra-Neamț
65996/13
10/10/2013
Cătălin-Bogdan RUSU
19/09/1981
Săvinești
Full & Egal Universal Law Academy