CASE OF ENĂȘOAIE v. ROMANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Alvina Gyulumyan;Johannes Silvis;Josep Casadevall;Luis López Guerra
5. The applicant was born in 1960 and lives in Roman. 6. On 29 September 2011 the applicant was arrested after criminal proceedings had been opened against him for bribe taking. On the same date he was detained in Bacău Police Department’s detention facility. 7. On 29 November 2011 he was moved to Bacău Prison. 8. On 20 June 2012 he was released. The criminal proceedings opened against him are still pending before the domestic courts. 9. In Bacău Police Department’s detention facility and Bacău Prison the applicant had to share a cell with smokers, even though he was a nonsmoker and was suffering from a heart condition. He was unable to rest because the other detainees would smoke continuously from 7 a.m. to 2 p.m., and the cell would be covered by thick smoke. 10. The cell did not have enough furniture, and lacked coat hangers, shelves and cupboards. Clothes had to be stored on the floor, under beds, where no cleaning was carried out. The bathrooms lacked shelves and privacy, as the washing area and toilet facilities were not separate. In addition, the cell was damp, measured 15 sq. m., had a volume of 50 cubic metres, contained six beds, and was occupied by ten detainees. Cleaning and dehumidification materials were provided by his family, and in the absence of any action on the part of the prison authorities, he and the other detainees had to clean the cell themselves. The cell was not heated during the cold season, and as a result of the extreme cold the applicant had to ask his family to provide him with warmer bed linen. Also, the cell was infested with fleas, lice, bed bugs and mosquitoes, but the detainees were not allowed to disinfect it, even at their own expense. 11. The detention facilities did not provide detainees with any areas for washing, drying or cleaning their clothes. He was forced to wear dirty clothes, or if he did wash them, he had to wear them damp. 12. The bed linen provided by the authorities was unusable, was not suitable for the time of year and was not changed during the entire time he was detained. 13. Warm water was available twice a week for two hours each time therefore not all detainees could wash. He was unable to shave on a daily basis. Detainees did not have access to a barber, toiletries were not provided by the authorities and he had to purchase shaving products at his own expense. 14. The food was poor, insufficient and served in unhygienic conditions by detainees not wearing the appropriate equipment for serving food. The cutlery and plates were rusty and dirty, and the cell did not have a table and chairs for detainees to be able to sit down and eat their meal. 15. He was taken out of his cell for a walk only twice a week for thirty minutes; between ten or twenty inmates would be in the prison courtyard at a time. The courtyard was covered by a metal mesh, measured 25 sq. m, had no bathroom facilities and did not receive any sunlight. 16. The applicant was transported to and from court and was held in the courthouse cells with smokers. 17. In Bacău Police Department’s detention facility the applicant was detained in a cell which measured 12.82 sq. m and contained four beds. The cell had central heating and was ventilated. The sanitary facilities were outside the cell and were accessible to everyone twenty-four hours a day. Detainees had access to a shower, a sink, and a toilet that was separate from the rest of the bathroom. They were allowed to shower and do their laundry twice a week. 18. In Bacău Prison the applicant was detained in six different cells. Five of them were in the infirmary. 19. From 29 November to 5 December 2011 the applicant was detained in a cell which measured 26.09 sq. m and contained twenty-three beds. From 23 February to 7 May 2012 he was detained in a cell which measured 33.05 sq. m and contained eight beds. From 8 to 14 May 2012 he was detained in a cell which measured 26.61 sq. m and contained nine beds. From 15 to 28 May 2012 he was detained in a cell which measured 32.09 sq. m and contained six beds. 20. All the detention cells had central heating, sanitary facilities, windows, electricity and were furnished. The beds had mattresses, pillows, bed linen and blankets provided by the detention facility. Detainees were also allowed to receive bed linen from their families. 21. Detainees had unlimited access to cold water. They also had access to warm water every day, based on a pre-approved rota. 22. The cells were heated daily during the cold season from 5 to 9.30 a.m. and 7 to 11 p.m. 23. They were disinfected three times a year or whenever needed, by specialist contractors. In addition, detainees were provided with cleaning materials and had a statutory duty to clean their cells. They were also provided with toiletries for their personal hygiene. Starting from December 2011 each individual had to sign for the toiletries they were given. 24. The detention facilities had cells assigned exclusively to nonsmoking detainees. 25. Without providing supporting documents, the Government submitted to the Court that when the applicant had been transferred to Bacău Prison, he had declared that he was a smoker. In addition, on 6 and 16 December 2011 and 8 May 2012 he had purchased cigarettes, and on 13 December 2011 he had bought lighters. 26. The applicant was transferred only to courthouse cells and not to any other detention facilities. The vehicles had windows and heating. 27. As a general rule, detainees were forbidden from smoking during transfers. Smokers were separated from non-smokers in the courthouse cells. 28. Between 14 December 2011 and 20 June 2012 the applicant was transferred sixteen times to and from court, for distances of 2 and 62 kilometers.