THIRD SECTION
Applications nos. 47650/12 and 48067/12
Ion GHEORGHE against Romania
and Constantin MIRON against Romania
lodged on 21 June 2012 and 2 July 2012 respectively
STATEMENT OF FACTS
The applicant in the first case, Mr Ion Gheorghe, is a Romanian national, who was born in 1964.
The applicant in the second case, Mr Constantin Miron, is a Romanian national, who was born in 1955.
They are currently serving their sentences in Giurgiu Prison.
The facts of the case, as submitted by the applicants, may be summarised as follows.
A. Ion Gheorghe v. Romania, application no. 47650/12
On 28 October 1998 the applicant started serving a life sentence. He has been held so far in Jilava and Giurgiu Prisons and is currently held in the latter.
He describes the conditions of detention in the two prisons as follows: the cells are too small, dirty and infested with bedbugs, lice and rats; running water is not available constantly and warm water is only available twice per week for no more than thirty minutes on each occasion. During this time, six persons are expected to wash themselves. The cells are very cold in winter. Food is of bad quality and is not adequate for his medical conditions.
He also alleges that because of the poor conditions of detention, he has contracted tuberculosis and C-hepatitis and has developed type II diabetes during his detention. He alleges that the medical treatment is inadequate for his condition.
B. Constantin Miron v. Romania, application no. 48067/12
On 30 September 1995 the applicant started serving a 25-year sentence. He has been mainly held in Giurgiu Prison.
He describes the conditions of detention as follows: small and dirty cells, infested with bedbugs, lice, cockroaches and rats, inadequate clothing for the inmates, lack of medical treatment for infectious diseases, such as scabies. The toilets are in the cell. The applicant, who is not a smoker, shares the cell with smokers.
The applicant alleges that because of poor sanitary conditions, he has contracted various diseases, such as type I diabetes (insulin-dependent), cataract affecting both eyes and dental problems. He has also suffered two heart attacks. According to the applicant he does not receive appropriate medical care or treatment and has to complain several times before he is taken to the infirmary.
On 12 September 2005 the Bucharest County Court dismissed a request by the applicant to be released on medical grounds. Based on the conclusions of a medical expert report, the court considered that his medical conditions were treatable in the prison hospitals.
COMPLAINTS
1. The applicants complain under Article 3 of the Convention about the conditions of their detention, the fact that they became ill in detention because of those conditions and about lack of adequate medical treatment. In addition, Mr Miron complains that he had to share a cell with smokers while he himself did not smoke.
2. In addition, Mr Gheorghe complains that he was beaten by the special intervention forces while in detention.
3. Mr Miron also claims to be a victim of a breach of his right to life, right to freedom of religion and right to respect for his correspondence. He does not quote any Article of the Convention and does not give additional details on the alleged violations.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 of the Convention, in so far as they complain about having become ill allegedly because of the conditions of their detention and the alleged lack of medical care in detention?
2. Regard having had to the requirements of Article 3 of the Convention:
a) are the conditions of the applicants’ detention in breach of the Convention requirements?
b) have the applicants become ill because of the conditions of their detention?
c) do the applicants receive adequate medical care in detention?
The Government are invited to provide information on the material conditions of the applicants’ detention, in particular as regards: the size and occupancy of the cells in which they were held, their state of cleanliness, and their facilities, as well as on the medical care received by the applicants in detention.
Full & Egal Universal Law Academy