CASE OF TIREAN v. ROMANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Alvina Gyulumyan;Ján Šikuta;Johannes Silvis;Josep Casadevall
5. The applicant was born in 1957. He is currently detained in Timişoara Prison. 6. On 28 December 2009 the Cluj Directorate for Investigating and Combating Organised Crime and Terrorism (“DIICOT”) charged the applicant with aggravated fraud and organising a criminal group, and placed him in police custody for twenty-four hours. 7. By an interlocutory judgment of 29 December 2009 the Cluj County Court allowed a request by DIICOT to detain the applicant pending trial for thirty days. On the same date he was detained in the Cluj Police Department. His pre-trial detention was subsequently extended to cover the entire duration of his trial. 8. By a judgment of 5 December 2011 the Cluj County Court convicted the applicant of aggravated fraud and organising a criminal group, and sentenced him to four years’ imprisonment. The judgment remained final, after the Cluj Court of Appeal dismissed an appeal by the applicant on 29 May 2012 and the Court of Cassation dismissed an appeal by him on points of law (recurs) on 24 September 2012. 9. In his initial letters to the Court, the applicant contended, without providing details, that during the criminal investigation opened against him in 2009 he had been beaten up by police officers. 10. On 17 June 2010 he brought civil proceedings against the Romanian Ministries of Finance and Justice seeking financial compensation for inadequate medical treatment during his pre-trial detention. In his written submissions he also stated that he had been subjected to violence after his arrest. 11. By a final judgment of 7 January 2011 the Cluj County Court dismissed the proceedings as inadmissible on the grounds that it was not competent ratione loci to examine his claim. It referred the case to the Bihor County Court. 12. By a judgment of 31 October 2011 the Bihor County Court dismissed the proceedings on the grounds that the statute of limitations for his claim had taken effect. In addition, the Romanian Ministries of Finance and Justice lacked the locus standi to be sued. There is no evidence in the file that the applicant appealed against the judgment. 13. In his letters to the Court, the applicant contended that in Aiud, Gherla, Rahova, Jilava, Slobozia, Dej and Miercurea-Ciuc Prisons he had been forced to share cells with between thirty and forty-five smokers, even though he was a non-smoker. They had been noisy and violent. Also, he would constantly be transferred from one prison to another, sometimes for distances of up to 400 kilometres in a vehicle with between thirty and forty detainees, who would smoke, eat and be noisy. Moreover, he had not been provided with adequate medical care during his pre-trial detention. 14. Between 8 January and 3 March 2010 the applicant was detained on several occasions in Dej Prison Hospital for a total of thirty-nine days, in non-smoking cells. He was afforded between 4 and 5.62 sq. m of living space, and was provided with adequate medical treatment for his condition. 15. Between 3 February 2010 and 18 January 2011 he was detained in Gherla Prison on several occasions for a total of two hundred and seventyfour days, in non-smoking cells. For sixty-three days of his detention he was afforded 5.31 sq. m of living space. For the remaining period he was afforded between 2.06 and 3.43 sq. m of living space. 16. Between 10 and 15 February 2010 the applicant was detained on two occasions in Jilava Prison for a total of four days, in non-smoking cells. For most of his stay he was afforded between 1.78 and 3.69 sq. m of living space; however, for a few hours he was afforded 6.38 sq. m or more of living space. 17. Between 9 and 11 February 2010 the applicant was detained in Slobozia Prison for three days, in a non-smoking cell. He was afforded 4.66 sq. m of living space. 18. Between 11 May and 8 November 2010 the applicant was detained repeatedly in Jilava Prison Hospital for a total of forty-five days, in nonsmoking cells. He was afforded between 4.68 and 5.43 sq. m of living space, and was provided with adequate medical treatment for his condition. 19. On 4 October 2010 the applicant was detained in Rahova Prison for three days, in a non-smoking cell. He was afforded 2.10 sq. m of living space. 20. On 23 December 2010 the applicant was detained in Miercurea-Ciuc Prison for twelve days. He was afforded 1.80 sq. m of living space. 21. The applicant was detained in Aiud Prison repeatedly, but only while in transit to another facility. He would only remain there for a few hours, in a non-smoking cell, and would be afforded between 1.45 and 2.05 sq. m of living space. 22. The applicant was transferred between detention facilities in twentytwo special vehicles fitted with windows, lights, heating and sunroofs. The vehicles had between sixteen and thirty-eight seats. The number of detainees transported would never exceed the number of available seats. Detainees were provided with food and water during transfers, and were allowed bathroom breaks and access to running water and smoking areas every time the vehicle stopped at a prison. Smoking was strictly prohibited during transfers. 23. During his detention, the applicant had refused to provide information on his pre-existing medical condition and had repeatedly refused treatment for his chronic and psychiatric problems. 24. On 18 January 2011 the applicant was released from pre-trial detention under the condition not lo leave the country pending the outcome of the criminal proceedings opened against him. 25. On 10 June 2013 the applicant was detained again following his conviction of 24 September 2012 (see paragraph 8 above) and was incarcerated in Timişoara Prison.