CEDH · CASELAW;COMMUNICATEDCASES;ENG — 18 décembre 2013

.s800EAC49 { font-size:12pt } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s29100277 { font-family:Arial; font-weight:bold } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; 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 } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } Communicated on 18 December 2013   THIRD SECTION Application no. 45825/13 Daniel CURELARIU against Romania lodged on 12 July 2013 STATEMENT OF FACTS The applicant, Mr Daniel Curelariu, is a Romanian national, who was born in 1972. He is currently detained in the Timișoara Penitentiary. The facts of the case, as submitted by the applicant, may be summarised as follows. On 28 June 2012, the applicant was sentenced to five years’ imprisonment by a final decision of the Timișoara Court of Appeal. On 29 June 2012, the applicant was arrested and placed in the Police Detention Center of Reșița. On 3 July 2012, the applicant was transferred to the Timișoara Penitentiary. From December 2012, he is being held in cell no. 25 of wing no. E8. The applicant states that the conditions of detention are inhuman; namely, the applicant complains about the following aspects: (i)   overcrowding, as he is being held in the same cell with 8 detainees; according to the documents submitted, the surface of the cell is of approximately 15 square meters, which includes a toilet of approximately 2.2 square meters; (ii)   the beds are old and broken; (iii) the mattresses are dirty, full of dust, broken, and they are not fit for sleeping on, causing back aches; (iv) the sanitary installations in the toilet are broken and cause humidity and mold on the walls; (v) the quality and quantity of the food provided by the penitentiary is poor and insufficient; (vi) there is insufficient space for storing the kitchenware of all nine detainees and there is no adequate space for storing food; (vii) there are bedbugs and cockroaches and the pest control actions taken by the penitentiary authorities are rare; (viii) there is no space for drying clothes in the wing of the penitentiary where he is being held; (ix) sanitary products (toothpaste, shaving cream, toilet paper and razors) are distributed irregularly and they sometimes lack for a few months; (x) the outside walking space is small. The applicant further states that he is being highly exposed to diseases but does not provide further details. COMPLAINT The applicant complains under Article 3 of the Convention about the inhuman and degrading conditions of detention, as described above, in the Timișoara Penitentiary. QUESTION TO THE PARTIES Has the applicant been subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment in the Timișoara Penitentiary? The Government are invited to provide information on the applicant’s detention conditions in the Timișoara Penitentiary, in particular in connection with the material conditions of the cells where the applicant has been detained, namely the size of the cells, the number and size of the windows, the number and quality of beds, the number of persons being detained in the same cell with the applicant, and the sanitary facilities. The Government are also invited to provide information regarding the storing spaces, quality of food, out-of-cell activities, presence of parasites, and distribution of hygienic products.