Communicated on 19 January 2015
THIRD SECTION
Application no. 49362/08
Francisc URSEI
against Romania
lodged on 9 October 2008
STATEMENT OF FACTS
The applicant, Mr Francisc Ursei, is a Romanian national, who was born in 1976 and lives in Arad.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 8 June 2008 the applicant was placed in pre-trial detention in Arad Prison. On 21 June 2010 the Timisoara Court of Appeal convicted the applicant for robbery and sentenced him to ten years’ imprisonment. On 25 June 2014 the applicant was released from prison under probation.
The applicant served most of his sentence in Arad Prison. For a few months in 2012 (the exact period does not appear clearly from the material submitted by the applicant) he was detained in Timișoara Prison.
The applicant complains about the alleged inhuman conditions of his detention in Arad and Timișoara Prisons. He mainly complains of the lack of hygiene products, poor quality of food and the presence of smokers in all the cells occupied by him.
The applicant also claims that the conditions of his transportation between the prison facilities and the courts are inhuman and degrading. The vans are severely overcrowded and let no air in. Moreover, some of the detainees smoke in the van.
Lastly, the applicant alleges that although he was found to be in good health when he was placed in pre-trial detention, he was later diagnosed as suffering from hepatitis C.
COMPLAINTS
The applicant complains under Article 3 of the Convention about the alleged inhuman conditions of his detention in Arad and Timișoara Prisons in particular poor conditions of hygiene, lack of sufficient and adequate food and the presence of smokers in all the cells occupied by him.
Under the same article he complains about the conditions of his transport between the detention facilities and the courts in overcrowded vans, without sufficient air.
The applicant further complains under the same Article that due to the extreme lack of hygiene he contracted hepatitis C in prison.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, on account of the conditions of his detention in Arad and Timișoara Prisons, as well as his infection with hepatitis?
2. Has the applicant been subjected to inhuman or degrading treatment in breach of Article 3 of the Convention due to the conditions of his transport to and from the courts in the prisons’ vans?
The Government are invited to submit information concerning the conditions of the applicant’s detention in Arad and Timișoara Prisons, including his exposure to passive smoking, as well as the conditions of his transport to and from the courts. The Government are also invited to submit details concerning the relevant measures taken by the prison authorities for the prevention of transmissible diseases such as hepatitis C.
Full & Egal Universal Law Academy