Communicated on 20 March 2014
THIRD SECTION
Application no. 57682/10
Iacob SCHEIN against Romania
lodged on 6 September 2010
STATEMENT OF FACTS
The applicant, Mr Iacob Schein, is a Romanian national, who was born in 1973. He is currently detained in Timişoara. He is represented before the Court by Mr A. Fanu-Moca, a lawyer practising in Timişoara.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 6 September 2009 the applicant stated in his initial letter to the Court that during the criminal proceedings opened against him he had been detained in Timişoara Prison. His detention cell did not afford sufficient personal space to detainees. In addition, he was not allowed sufficient daily physical exercise and the cell was extremely warm during the summer and cold during the winter because it did not have an appropriate air conditioning system. Consequently, his health was affected. Moreover, he did not have access to adequate and intimate sanitary hygiene conditions.
In both his initial letter and his letter of 23 February 2011 the applicant also stated that after his sentencing had become final, even though he had been assigned to a semi-open detention regime, he had been transported by a National Administration of Prisons bus to Bucharest and to Arad, Drobeta‑Turnu Severin, Craiova, Giurgiu, Rahova and Jilava Prisons. During the transfer, he had been handcuffed and placed in a special cage located at the back of the bus, rather than being allowed to sit on the available seats on the bus like all the other detainees.
In his letter of 23 February 2011 the applicant stated that in Craiova Prison he was detained in a cell measuring 5.76 sq.m. which he was forced to share with two other detainees. Because of the insufficient size of the cell it was poorly ventilated and he had to take turns to stand up from the bed. Consequently, he spent most of his time in bed. The small distance between the beds also made walking difficult.
B. Relevant domestic law
Excerpts from the relevant legal provisions concerning the rights of detainees, namely Law no. 275/2006 on serving of prison sentences and reports of the European Committee for the Prevention of Torture, are given in the cases of Petrea v. Romania (no. 4792/03, §§ 22-23, 29 April 2008), and Bragadireanu v. Romania (no. 22088/04, §§ 73-75, 6 December 2007).
COMPLAINTS
The applicant complains under Article 3 of the Convention that he was subjected to inhuman and degrading treatment by the authorities as a result of the material conditions of detention and conditions of transport.
QUESTION TO THE PARTIES
Has the applicant been subjected to inhuman and degrading treatment, in breach of Article 3 of the Convention on account of:
a) the material conditions of his detention in Timişoara and Craiova Prisons;
b) the transport conditions he experienced every time he was transferred between all the prison facilities he was detained in?
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