TOMOIAGĂ v. ROMANIA
Inadmissible
Ján Šikuta;Johannes Silvis;Josep Casadevall;Kristina Pardalos;Luis López Guerra
1. The applicant, Mr Ioan Tomoiagă, is a Romanian national, who was born in 1963 and lives in Pecica. He was represented before the Court by Mr A. Fanu Moca, a lawyer practising in Timişoara. 2. The Romanian Government (“the Government”) were represented by their Co-Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. The applicant was placed in pre-trial detention on 26 March 2010 in the Arad Police detention facilities. On 19 July 2010 he was convicted of corruption committed in the exercise of his duty as a police officer and sentenced to three years’ imprisonment by the Arad County Court. 5. Between 26 March and 20 April 2010 the applicant was detained in the Arad Police detention facilities in a cell measuring 12 sq m together with two other prisoners. The window was very small and could not be opened from the inside. Access to the toilets was allowed twice per day. The mattress on his bed was worn out and the food was of very poor quality. 6. On 20 April 2010 the applicant was transferred to Arad Prison where he remained until 13 January 2011. He shared a cell measuring 16 sq m with four other prisoners and the food was of very poor quality and served in unhygienic conditions. The applicant also alleged that he had been transported to court hearings before the Arad County Court in old vans, in overcrowded and overheated conditions. 7. In the Arad Police detention facilities the applicant shared a cell measuring 12 sq m with two other prisoners who were also in pre-trial detention. The cell had two windows each measuring 86 cm by 55 cm which could be opened from the outside at the prisoners’ request or by the prisoners themselves by pushing the windows towards the exterior. The sanitary facilities and toilets were accessible twice per day for the morning and evening routine. In addition, access to the toilets was granted whenever necessary, upon request, between 6 a.m. and 10 p.m. For the rest of the time a night pot was available in the cell. The prisoners had the right to a sixty-minute daily walk. 8. In Arad Prison the applicant was detained in a cell measuring 15.37 sq m. For certain periods of time he shared the cell with one, two or three other prisoners. The cell had a hallway, a separate bathroom with toilet and shower and a sleeping area. In terms of furniture, the cell contained five beds and bedside tables, a table for eating, chairs, shelves and a wardrobe. The prison had central heating; the temperature in the cells during the winter ranged from 20 to 22oC. The applicant had the right to three hours’ walk a day and, during his stay in Arad Prison, he participated in two educational activities and two sports activities (such as football during the month of October 2011). The applicant had been transported to and from the courts in accordance with the relevant legal provisions. 9. The Government emphasised that the applicant had never complained before the prison authorities about his conditions of detention or transportation. 10. Excerpts from the relevant parts of the General Reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (“the CPT”), as well as of the European Prison Rules adopted by the Committee of Ministers on 11 January 2006, are quoted in Iacov Stanciu v. Romania (no. 35972/05, §§ 121-24, 24 July 2012).