THIRD SECTION
Applications nos 54539/12 and 63204/12
Vasile COJAN against Romania
and Marcel Marius DĂNILĂ ALEXA and Marian TOMA against Romania
lodged on 21 August 2012 and 25 September 2012 respectively
STATEMENT OF FACTS
The applicant in the first case, Mr Vasile Cojan, is a Romanian national, who was born in 1954 and is currently detained in Rahova Prison.
The applicants in the second case, Mr Marcel Marius Dănilă Alexa and Mr Marian Toma, are Romanian nationals, who were born in 1971 and 1953 and are currently detained in Iași Prison and Giurgiu Prison respectively.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
The applicants were co-defendants in the criminal proceeding before the domestic courts. They were accused of belonging to a criminal group and of drug related crimes. In particular, Mr Toma was accused of transporting 106,50 kg of heroin with a view to delivering it abroad, Mr Dănilă Alexa was accused of helping Mr Toma to hide the drugs in a van previously loaded with furniture and Mr Cojan was accused of coordinating the entire operation.
In its decision of 6 May 2011 the Bucharest County Court convicted the applicants and sentenced them to eighteen years’ imprisonment (Mr Cojan), twelve years’ imprisonment (Mr Dănilă Alexa) and fourteen years’ imprisonment (Mr Toma).
On 21 December 2011 the Bucharest Court of Appeal dismissed the applicants’ appeal and on 5 June 2012 the High Court of Cassation and Justice dismissed the applicants’ appeal on points of law; thus their conviction became final.
Mr Cojan and Mr Dănilă Alexa were placed in pre-trial detention on 19 May 2010 and were still imprisoned on the date when they lodged their applications. The lawfulness of their detention was periodically verified by the domestic courts.
Mr Cojan alleges that he has been imprisoned for seven months in the Bucharest Direction of Criminal Investigations’ Arrest and for the rest of time in Rahova Prison. Mr Dănilă Alexa refers only to his detention in Rahova Prison.
Both applicants describe the overall conditions of their detention as follows: overcrowded cells, lack of natural light and lack of fresh air. In particular they outline that their cells measured 3.5 m by 5.5 m and were 2.2 m high; each cell contained eight beds constantly occupied at full capacity; there was no natural light, only insufficient artificial light assured by one 40 W bulb; they had not fresh air and the cells did not meet the due requirements of cubic content of air. Both applicants allegedly shared cells with persons arrested for violent crimes and there were no means for calling the guardians, even if several violent incidents had taken place between the detainees. According to the applicants, they have no access to a refrigerator to store food in proper conditions.
B. Relevant domestic law and international standards
Excerpts from the relevant domestic provisions and from the international standards concerning the rights of detainees are quoted in Iacov Stanciu v. Romania (no. 35972/05, 24 July 2012, §§ 116‑117, §§ 120‑124).
COMPLAINT
Two of the applicants (Mr Cojan and Mr Dănilă Alexa) complain under Article 3 of the Convention about the conditions of their detention in the detention facilities in which they have been held.
QUESTION TO THE PARTIES
Were the conditions of detention during Mr Cojan’s and Mr Dănilă Alexa’s stay in prison in breach of the requirements of Article 3 of the Convention?
The Government are invited to provide information on the material conditions of detention of these two applicants, in particular as regards the size and occupancy as well as the cleanliness and facilities of the cells in which they have been held.
Full & Egal Universal Law Academy