Communicated on 13 June 2014
THIRD SECTION
Application no. 80825/13
Iulian MUSCALU
against Romania
lodged on 14 December 2013
STATEMENT OF FACTS
The applicant, Mr Iulian Muscalu, is a Romanian national, who was born in 1970. He is currently serving a five year sentence for robbery in Vaslui Prison.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 17 September 2012 on the occasion of a medical examination during his pre-trial detention the applicant was diagnosed with gastro-duodenitis.
Between 20 September 2012 and 28 March 2013 the applicant was detained in Bacău Prison. On 28 March 2013 he was transferred to Vaslui Prison. He described the detention conditions in these prisons as being inhuman because of overcrowding, extremely poor hygiene and presence of bugs, humidity and poor quality of food which sometimes even contained sand.
On 17 May 2013 the applicant was admitted to Târgu Ocna Prison Hospital with the following diagnosis: acute appendicitis, chronic
gastro-duodenitis, obliterant artheriopathy of the legs, lumbar disc arthritis and type B hepatitis. On 30 May 2013 the applicant was brought in emergency at the Moineşti Emergency Hospital where he was diagnosed with acute perivisceral appendicitis and he was operated. Between 6 and 13 June 2013 he was hospitalised and operated again in Moineşti Emergency Hospital due to a peritonitis he developed following the first surgery. The applicant alleges that he acquired the above-mentioned diseases due to the detention conditions and the lack of adequate medical treatment. He further alleges that he filed numerous complaints concerning the lack of adequate medical treatment but he was unable to obtain copies. According to a reply received by the applicant on 23 October 2013 from the National Administration of Prisons, one of his complaints in this respect was considered unsubstantiated.
The applicant also submits that due to the inhuman detention conditions he had lost several teeth and that the prison authorities refused to provide him with dental treatment. In this respect, in a letter sent to the applicant by the Vaslui Prison administration on 18 December 2013 he was informed that he required indeed dental treatment and dental prosthesis but that he could benefit from this treatment only upon payment of 40 % of its costs. The applicant contends that he does not have the necessary financial means for this treatment.
COMPLAINT
Invoking in substance Article 3 of the Convention the applicant complains about the inhuman and degrading conditions of his detention in Bacău and Vaslui Prisons. He also complains of a lack of adequate medical treatment for his diseases acquired due to the inhuman conditions of his detention as well as a lack of access to dental care.
QUESTION TO THE PARTIES
Has the applicant been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in respect of the conditions of his detention and the alleged lack of adequate medical treatment and dental care in Bacău and Vaslui Prisons?
The Government are invited to provide information on the applicant’s detention conditions, in particular in connection with the size of the cells, the number of beds and the number of persons being detained in the same cell with the applicant, the measures taken to ensure hygiene in the cells and the quality of food. They are also invited to provide information with respect to the medical treatment and dental care provided to the applicant during his detention.
Full & Egal Universal Law Academy