CASE OF MIHAI LAURENȚIU MARIN v. ROMANIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Alvina Gyulumyan;Johannes Silvis;Josep Casadevall;Luis López Guerra
5. The applicant was born in 1975. He is currently detained in Măgineni Prison. 6. In his initial letters to the Court the applicant stated that he had been detained in overcrowded cells which had lacked heating. 7. Starting from 2004 the applicant was detained and transferred between a number of prisons, including Poarta Albă and Măgineni Prisons. 8. The applicant was first detained in Poarta Albă Prison on 17 April 2006. The records concerning the cells the applicant had been detained in and the number of detainees he had shared the cells with during his time in detention there between 2006 and 2010 had been destroyed in accordance with the requirements of applicable domestic legislation. 9. From 2010 onwards the applicant was detained in Poarta Albă Prison from 19 February 2010 to 22 July 2013. During this period he was transferred repeatedly from Poarta Albă to Măgineni and other prison facilities as a result, among other things, of his violent behaviour towards other inmates and prison personnel. 10. In Poarta Albă Prison the applicant was detained in several cells where he was afforded between 3, 79 and 5, 03 sq. m of living space. 11. Part of the prison was fitted with its own central heating system, while the remaining part was heated by stoves. The heating was carried out based on a pre-determined schedule and on the available heating supplies and by taking into account the outdoor temperature. 12. The applicant was detained in Măgineni Prison from 5 December 2011 to date. During this period he was transferred repeatedly to Poarta Albă and other prison facilities. 13. In Măgineni Prison the applicant was detained in several cells where he was afforded between 1, 62 and 8, 02 sq. m of living space. 14. Each cell had electrical power and was fitted with individual beds, tables, chairs and benches. 15. The prison was also fitted with its own gas central heating system. The system was working properly. The cells had radiators, which ensured an appropriate temperature in the rooms during winter and when the outside temperature demanded it.