CASE OF EZE v. ROMANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
András Sajó;Iulia Motoc;Krzysztof Wojtyczek;Paulo Pinto De Albuquerque;Vincent A. De Gaetano;Gabriele Kucsko-Stadlmayer
5. The applicant was born in 1981 and is currently detained in Giurgiu Prison. 6. On 30 December 2010 the applicant was detained pending trial, on suspicion of drug-trafficking offences. Subsequently, he was sentenced to thirteen years’ imprisonment. 7. The applicant was detained in Rahova Prison from: 17 July 2012 to 23 July 2013; 25 July to 17 October 2013; 31 October 2013 to 12 May 2014; and 14 May to 28 July 2014. 8. The applicant was in Rahova Prison Hospital for medical tests and treatment from: 23 to 25 July 2013; 17 to 31 October 2013; and 12 to 14 May 2014. 9. On 28 July 2014 the applicant was transferred to Giurgiu Prison, where he remains to date. 10. In his letters to the Court the applicant stated that he had been detained in overcrowded cells in Rahova Prison. He had had to share a cell measuring twenty-four square metres with nine other detainees. The furniture and the ten beds in the cell had taken up part of the available living space. Consequently, each detainee had been limited to only half a square metre of living space. 11. The applicant stated that, even though he was a non-smoker and had been assigned to a non-smoking cell, the prison authorities had also detained inmates who smoked all the time in that cell. He had complained to the prison authorities about it, but they had ignored his complaints. According to him, this problem had lasted until 30 April 2013. 12. The applicant also stated that some of the detainees who had occasionally shared the cell with him had had contagious diseases, such as hepatitis and human immunodeficiency virus (HIV), or had been drug addicts. Also, some of them had suffered from psychological problems and the prison authorities had been aware of their medical conditions. These detainees had either represented a hazard for the other inmates in the cell, or had not allowed them to rest properly. 13. The applicant further stated that warm water in the shower had only been available two days a week for ninety minutes for all ten detainees in the cell. Also, during the summer, running water had only been available six hours a day and not at all during the night, even if the detainees had needed to use the toilet. 14. The National Prisons Agency informed the Government that the applicant had been detained in cells 2.31, 3.9, 3.10, 3.34, 3.44, 3.48, 5.36 and 6.9 during his incarceration in Rahova Prison. The cells measured between 18.8 and 24.6 square metres, excluding the bathroom and toilet areas. He had shared these cells with nine other detainees at most. The applicant had had his own bed and at no time during his detention had the number of detainees exceeded the number of beds available in the cells. 15. Each cell had a window measuring 1.44 square metres. The food storage area within the cells also had a window measuring 0.72 square metres. All the aforementioned windows were fitted with bars and metal nets, but allowed for sufficient natural light and ventilation in order to comply with the relevant international standards. 16. The cells had bathrooms with two sinks and a shower. The toilets had natural ventilation, namely windows measuring 0.72 square metres, and were separated from the rest of the bathroom by a door. 17. Detainees had permanent access to sanitary facilities. Running water was always available, while warm water was available twice a week for one and a half hours, between 12 p.m. and 1.30 p.m. and between 5 p.m. and 6.30 p.m. Also, detainees were provided with protection against sexually transmitted diseases. 18. The cells and the sanitary facilities also had artificial light and were fitted with radiators. Heating was available intermittently, depending on the outdoor temperature. During the cold season, the temperature in the cells would be 19˚C. 19. Cells had furniture, in particular, bunk beds, small tables, small benches and television stands. 20. The prison authorities issued inmates with cleaning materials, and detainees cleaned the cells themselves. Upon their incarceration, and thereafter on a monthly basis, inmates were issued with personal hygiene products and disinfectants. They were also allowed to buy these products from the prison shop if necessary. Detainees were allowed to wash their underwear and bedlinen in the prison laundry room weekly. 21. In accordance with domestic regulations, each year the applicant had received two toothbrushes, twelve tubes of toothpaste, twelve rolls of toilet paper, twelve bars of soap and twelve disposable razors. 22. Different products and methods were used to disinfect cells and remove pests, and such work was carried out by either the prison or specialist firms. Disinfection was carried out daily, according to the characteristics of each area of the prison. The operations carried out to disinfect and remove pests from the applicant’s cell were preventive, and neither he nor the other inmates sharing his cell had requested them. However, no rats or mice had ever been found in the detention cells in Rahova Prison. 23. Detainees’ diets were determined according to several criteria, including, inter alia, their health and religion. Ingredients had to meet the quality criteria set out by law and had to have quality certificates provided by suppliers. Food was cooked hygienically in the prison kitchen, and stainless steel cooking utensils and equipment were used. Food quality and quantity was also checked by a detainee representative before it was distributed. 24. The National Prisons Agency finally informed the Government that, during his detention, the applicant had not raised complaints in respect of the conditions of detention. 25. In his letters to the Court the applicant stated that, as a Muslim, the prison authorities had not offered him an appropriate diet, namely food which did not contain pork. Moreover, when his visitors had brought him food from home, the prison authorities had only allowed him to receive canned food, fruits and vegetables. Although he had complained to the prison authorities about the inappropriate diet, his complaints had been ignored. 26. The National Prisons Agency informed the Government that, during his detention in Rahova Prison, the applicant had been provided with a diet appropriate for Muslims, and any pork had been replaced with beef. 27. In Rahova Prison, a detainee of a particular faith could ask the prison administration to allow him to buy the food he wanted from the prison shop. 28. During his detention the applicant had been visited on several occasions, but had only received one parcel. 29. The applicant had been allowed to practise his religion in his cell, and had taken part in various religious activities organised by the prison’s orthodox chaplain. He had never asked to receive religious objects, even though he had a lawful right to ask for them.