TUDOR v. ROMANIA
Inadmissible
Alvina Gyulumyan;Ján Šikuta;Johannes Silvis;Josep Casadevall
1. The applicant, Mr Remus Tudor, is a Romanian national who was born in 1966 and lives in Bucharest. He was represented before the Court by Ms I. M. Ciontu, a lawyer practising in Bucharest. 2. The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar, of the Ministry of Foreign Affairs. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. In 1990 the applicant was convicted of manslaughter and sentenced to life imprisonment, serving his sentence in various Romanian prisons. He was detained in Rahova Prison for almost ten years, from June 1999 to February 2009. On 1 October 2012 the applicant was released on probation from Giurgiu Prison. 5. On 18 March 2003 an antenna of the type C-GUARD 19 was installed in Rahova Prison for the protection of telephone communications. 6. On 7 September 2008, while the applicant was serving his sentence in Rahova Prison, he lodged a complaint with the judge responsible for the execution of sentences (the “post-sentencing judge”) attached to Rahova Prison alleging that the radio frequency electromagnetic radiation (RFR) emitted from an antenna in the prison had negatively affected his health. In his complaint the applicant stated that since 2003 the entire prison staff had received an extra salary allowance for working in dangerous conditions, namely exposure to electromagnetic fields in their working environment. 7. By a decision of 4 November 2008 the post-sentencing judge dismissed the complaint on all grounds. It was observed that the applicant had never complained of specific effects resulting from electromagnetic radiation, nor had he sought medical treatment. The judge also based his ruling on an expert study commissioned from the National Institute of Forensic Science (INEC) in order to analyse the electromagnetic field allegedly surrounding the prison’s wireless communication base station. The report published on 3 October 2008 revealed that, although the levels of radiation were higher than those prescribed in the relevant safety guidelines in several areas of the prison, exposure was lower in areas to which the prisoners had access. 8. The applicant appealed against that decision. He submitted as evidence a 2007 report by Radiocom which revealed that, while radiation levels from the wireless communication device had varied between prison areas, they were nevertheless higher than the regulatory standards in place at that time. 9. His request to have evidence from the prison’s doctor and a radiologist heard was refused on the ground that there was no link between his diseases (hepatitis, and after-effects of healed tuberculosis) as described in the medical file and the alleged harmful exposure to radiation. On 16 February 2009 the Bucharest District Court dismissed his appeal, upholding the decision of the post-sentencing judge for the same reasons. 10. The applicant also lodged a tort action against Rahova Prison on 12 October 2008. He claimed the sum of 200,000 EUR for the harmful effects allegedly caused by the electromagnetic radiation, arguing that the prison staff had been awarded a special allowance for the health risks associated with exposure to electromagnetic radiation during their working hours. The Bucharest District Court relinquished jurisdiction to the Bucharest County Court, which dismissed the applicant’s claim on 7 January 2012. 11. The applicant appealed and the appeal proceedings are pending before the Bucharest Court of Appeal. 12. Pursuant to two orders issued by the Minister of Justice, no. 945/C of 2 April 2003 and no. 399/C of 6 February 2007, staff in Rahova Prison were awarded a special allowance for health risks associated with exposure to electromagnetic radiation during their working hours. 13. The relevant safety guidelines are laid down in order no. 1193/2006 issued by the Ministry of Public Health on the general norms concerning limits on individuals’ exposure to electromagnetic fields. The reference levels specified in the order range from 0 hertz (Hz) to 300 gigahertz (GHz). The order is based on European Union legislation, namely Council Recommendation no. 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electronic fields (0Hz to 300 GHz).