Communicated on 2 April 2014
THIRD SECTION
Application no. 37810/13
Alexandru COLIPCA against Romania
and two other applications
(see list appended)
1. The applicants are Romanian nationals. More information regarding the applicants and their representatives (if any) can be found in the appendix below.
The circumstances of the cases
2. The facts of the cases, as submitted by the applicants, may be summarised as follows.
1. Application no 37810/13
3. By judgment of 13 September 2012 (which became final in the absence of appeal), the Vaslui Court of First Instance sentenced the applicant to five years and five months’ imprisonment.
4. On 23 November 2011, the applicant was arrested and detained in the Bacău Penitentiary. The applicant shared a cell having a width of five metres and a length of six metres with ten inmates. There were eighteen beds in the cell. The mattresses were destroyed, and the walls were dirty and full of stains from killed bedbugs. Two days after the applicant’s incarceration, nine more inmates were brought in the cell and the third day four inmates were placed. The applicant had to share the bed with another inmate. There were twenty four detainees in the cell, out of whom twenty were smokers. There was one toilet for twenty four detainees. The food was inedible and had a bad smell.
5. As of 21 December 2011, the applicant was detained in the Vaslui Penitentiary. The applicant shared a cell having a length of five metres and a width of three metres with fifteen detainees, of whom some were smokers. There were twelve beds in the cell. The toilet measured forty centimetres width and forty centimetres length and the smell was entering the cell. Rats were coming out of the toilet and eating the detainees’ food supplies. There were bedbugs. The mattresses were ruined and the applicant slept directly on the iron structure. The food was inedible and full of sand or pebbles. The applicant was subsequently moved to the new Vaslui Penitentiary, where he shared a cell for two persons with six-seven inmates. The applicant occupied a bed so close to the ceiling that he had difficulties turning. Tooth paste, tooth brush and soap were provided every four-five months. The water was supplied in portions and was of poor quality. The applicant fell ill with bronchitis and started having back problems because of the bed and the draught in the room.
6. The applicant states that he was abused every day physically and morally by the prison guards. They cursed his dead mother. The applicant complained about the swearing, but he was told to keep his mouth shut otherwise he would be disciplinarily punished and transferred to closed detention regime. The guards also called the applicant “disabled” and “stupid” and hit him with the hand on the back or the head. The applicant was afraid to report this, in order not to be moved from the penitentiary.
7. The applicant also complains of the transportation with the penitentiary vehicles in which the detainees were overcrowded, having to stand or to sit on a wooden bench on the corridor of the car.
8. On 30 August 2013, the applicant was interned in the Târgu-Ocna Hospital-Penitentiary.
9. On 13 September 2013, the applicant was discharged and transferred to the Vaslui Penitentiary where he is currently serving his imprisonment sentence. The applicant complains of the degradation of his health condition. He can barely breathe in the evening. From October to December 2013, he shared the bed with another detainee. He lost one tooth due to a pebble in his food and three other teeth risk to fall soon.
2. Application no 56837/13
10. The applicant is currently detained in the Miercurea Ciuc Penitentiary. The applicant complains of the size of the cell (eight metres x five metres shared by eighteen inmates). Out of the forty square metres, eight square metres are occupied by the bathroom and a toilet. The beds occupy another surface of eight square metres. Inadequate food (poor in nutrients) is served to the prisoners. There is no sufficient ventilation in the cell and temperatures rise up to 40 degrees Celsius in summer.
3. Application no 60992/13
11. On 11 March 2013, the applicant was arrested.
12. From 11 March 2013 to 14 April 2013, the applicant was detained in the Police Inspectorate Galaţi. The applicant occupied cell no. 12 of eight square metres together with other five detainees. The shower was installed on top of the toilet seat. Rats were coming out of the toilet seat. The cell had insufficient natural light. The small windows were located close to the ceiling and were blocked by two sets of net. The artificial light was insufficient, being supplied by a low intensity bulb and the switch was outside the cell.
13. Since 14 April 2013, the applicant has been detained in the Galaţi Penitentiary in a cell of fifteen square metres together with other fifteen detainees. Hot water is provided twice a week and cold water three times per day for an hour. The water quality is poor, and is filled with chlorine. There is one shower for all people detained in a cell. There are bedbugs in the room. The windows which are quite small are blocked by two sets of bars which reduce the natural light.
COMPLAINT
14. The applicants complain under Article 3 of the Convention of the inhuman or degrading treatment caused by the conditions of their detention in the different Romanian penitentiaries.
QUESTIONS
Have the applicants been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment during their imprisonment in the different penitentiaries in Romania?
The Government are invited to provide information on the applicants’ conditions of detention in the different Romanian penitentiaries, in particular in connection with:
(a) the material conditions of the applicants’ cells (their size, the number of beds and the number of persons being detained in the same cell with the applicants);
(b) the ventilation available in the cells (number of windows, their size, the existence and size of nets and/or metal bars);
(c) the sanitary installation available in the cells;
(d) the measures taken to ensure the hygiene in the cells;
(e) the quality and quantity of food and water made available to the applicants.
As regards application no. 37810/13, the Romanian Government are also invited to provide information on the applicant’s transportation with the penitentiary vehicles.
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Represented by
37810/13
03/06/2013
Alexandru COLIPCĂ
18/04/1989
Bicaz
N/A
56837/13
02/09/2013
Ovidiu CHIRIAC
17/11/1982
Braşov
N/A
60992/13
18/09/2013
Nicu RĂDUCANU
04/04/1984
Galaţi
Mihail BOLDEA
Full & Egal Universal Law Academy