CASE OF MUREŞAN v. ROMANIA
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time)
Iulia Motoc;Marko Bošnjak;Paulo Pinto De Albuquerque
5. The applicant was born in 1959 and is currently detained in Baia Mare Prison. 6. On 10 January 2002 an investigation was opened against the applicant for embezzlement, forgery and abuse of his official position as Minister for Agriculture. The criminal investigation ended on 19 December 2003 with the applicant’s indictment together with three other co-accused. 7. On 27 April 2011 the applicant was convicted of the above-mentioned crimes by the High Court of Cassation and Justice and sentenced to seven years’ imprisonment. 8. On 28 May 2012 the applicant’s appeal against the above-mentioned judgment was rejected with final effect by a five-judge panel of the High Court of Cassation and Justice. The full text of the judgment became available to the applicant on 1 November 2012. 9. The applicant started serving his sentence in Gherla Prison on 31 May 2012. On 2 April 2013 he was transferred to Baia Mare Prison where he is currently serving his sentence. On admission to prison, the applicant was already suffering from type II diabetes, which was being treated with insulin, hypertension, ischaemic heart disease, biliary lithiasis and lumbar discopathy. 10. According to the report drawn up on the applicant’s arrival in Gherla Prison on 31 May 2012 the applicant was allowed to take with him to his cell, among other items, one glucometer with forty-one test strips and needles as well as several drugs. 11. During his ten-month stay in Gherla Prison the applicant was taken to the medical ward eighteen times. He was given a special diet for diabetics and was allowed to work. He was taken to diabetes specialists outside the prison system on several occasions where he was prescribed a special diet, medication and constant self-monitoring of his glycaemia level. According to the applicant’s medical chart in Gherla Prison his glycaemia levels were measured two, three or four times per day at the prison’s infirmary. Copies of the same medical chart also show that the applicant regularly received medication from the prison infirmary. On 9 October 2012 his signature confirmed the receipt of thirteen drugs including vitamin C and omega 3. 12. Forensic medical examinations conducted in September and December 2012 concluded that the applicant’s diseases could be treated within the prison system. 13. In Baia Mare Prison the applicant was examined at the prison’s infirmary twenty-four times between April 2013 and September 2014. In addition, he was taken for specialist diabetes and nutrition examinations at the Baia Mare County Hospital nine times between 24 May 2013 and 2 October 2014. 14. According to the Government’s submissions and copies of the applicant’s medical chart, throughout his detention in Baia Mare Prison the applicant was given, as needed and according to doctors’ prescriptions, insulin and drugs for his hypertension as well as neurotrophic, gastric protective, hypercholesterol and other drugs. 15. According to the information provided by the National Administration of Prisons the applicant made no complaints concerning his medical treatment. On 10 August 2012 the applicant’s lawyer was informed that the complaint against the applicant’s placement in the closed prison regime had been rejected. On 5 September 2013 the applicant’s lawyer was informed by the Baia Mare Prison administration that the applicant could not be compensated for the work he had performed in detention with permission to leave the prison. 16. The applicant alleged that he had been transported in conditions which had not allowed him to take his insulin. In addition, the food provided during transport had not been adapted to his diabetes. The vehicles in which he had been transported lacked air conditioning and other prisoners had been smoking during the trips. 17. From the Government’s submissions it appears that the applicant was transferred sixteen times between detention facilities, to the hospital or to the courts, in special vehicles (Iveco, Mercedes or Raba vans) which were well-maintained and met the legal comfort requirements. They were fitted with windows, lights, heating and sunroofs. Some of them also had air-conditioning. The number of detainees transported never exceeded the number of available seats. Detainees were provided with food and water during transfers, and were allowed bathroom breaks. Smoking was strictly prohibited in the vehicles. 18. According to the information provided by the National Administration of Prisons, the applicant was allowed to take with him his personal glycaemia kit and medication and was therefore able to measure his glycaemia. Moreover, during long drives a number of breaks were taken allowing the applicant to administer his treatment. As regards the food received during transport, the applicant was provided with a diabetic menu as follows: during transport to and from Gherla Prison the applicant received 100 grams of biscuits, 100 grams of cheese, one egg and 500 grams of bread; during transport to and from Baia Mare Prison the applicant received 320 grams of unsalted cheese, two eggs, 300 grams of processed poultry meat, 260 grams of semi-white bread and 250 grams of apples. Copies of the prison menus were submitted in support of these assertions. 19. According to the prison visits record the applicant often received food packages which included sweets, fruits and vegetables as well as bottles of juice, all of which he was allowed to take with him during transport. 20. The Government submitted that the prison authorities had received no complaints or requests from the applicant in connection with the conditions of transport.