CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 mai 2013

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .s3E839E41 { margin-top:12pt; margin-bottom:30pt; text-align:center } .s750DB8D0 { margin-top:30pt; margin-bottom:0pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s9296A950 { margin-top:36pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid }       THIRD SECTION Application no. 20499/11 Marcel VARGA against Romania lodged on 25 March 2011 STATEMENT OF FACTS   The applicant, Mr Marcel Varga, is a Romanian national, who was born in 1977. The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. The applicant started his detention in Oradea Prison on 23   June   2010. He is currently detained in Satu Mare Prison. He mainly complains of overcrowding alleging that he shares a cell of twenty ‑ four   square metres with sixteen other detainees. The applicant alleges that despite the fact that he is a non-smoker, he was detained with inmates who smoked inside the cell. He claims that his   health worsened because of the conditions in which he was kept and that he was diagnosed with TBC. COMPLAINTS 1.     The applicant complains under Article 3 of the Convention about the material conditions of his detention in Oradea Prison. He alleges that despite the fact that he was diagnosed with TBC he had to share his   cell with smokers. 2.     Under the same article the applicant complains about the alleged ill ‑ treatment to which he was subjected on 28   June   2010. 3.     Relying on Article 5 of the Convention he complains that his   arrest on 28   June   2010 was unlawful. 4.     Under Article 6 § 1 of the Convention the applicant complains about the alleged unfairness of the criminal proceedings against him. QUESTION to the pARTIES Did the conditions of the applicant’s detention in Oradea Prison breach the requirements of Article 3 of the Convention, taking into account his   allegations of overcrowding and of sharing his cell with smokers? The Government are invited to provide additional information concerning the conditions of the applicant’s detention, in particular concerning the size of the respective cells and the distribution of the smokers and non-smokers in the cells.