CASE OF TODIREASA v. ROMANIA (No. 2)
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Ján Šikuta;Johannes Silvis;Josep Casadevall;Luis López Guerra
5. The applicant was born in 1959 and lives in Piatra Neamţ. 6. On 27 November 2001 the applicant, an administrator in a small commercial company, started serving a seventeen-year prison sentence for fraud and tax evasion. 7. From 10 August 2010 to 22 April 2014, when he was conditionally released, the applicant was detained in Bacău, Iaşi, Galaţi, Brăila, and Vaslui Prisons. 8. According to the applicant, the detention conditions in Bacău, Iaşi, Galaţi, Brăila, and Vaslui Prisons amounted to physical and psychological torture. His detailed description of the conditions, common to all those prisons, is set out below: – overcrowding: in Bacău Prison, he was briefly held from 10 to 13 August 2010 in the old detention block in a cell measuring 12 sq. m with fifteen other prisoners; in Iaşi Prison, in a cell measuring 24 sq. m with twenty-seven other prisoners; in Galaţi Prison, in a cell measuring 15.2 sq. m with thirteen other prisoners; and in Brăila Prison, in a cell measuring 20 sq. m with fifteen other prisoners; – inadequate heating in the winter and inadequate insulation of the windows. In the prisons of Iaşi and Galaţi there were no glass panes in the toilet window. In addition, in Galaţi Prison the toilet had no door. The applicant alleged that he contracted rheumatic fever and skin lesions on his hands owing to the cold he had endured; – defective sanitary installations/no proper bathrooms: the cells were usually provided with an area where two sinks, a shower and a toilet were installed. In Iaşi and Brăila Prisons there was no shower, he had to wash in the sink or carry water and wash himself in the toilet if he wanted privacy. Hot water was provided twice a week for a period of only two hours, in which there was not always time for everyone to wash; – presence of bed bugs and other parasites: in Bacău and Iaşi Prisons he could not sleep at night because of bed bugs falling on him from the upper bed. No disinfection was ever carried out by the prison authorities and in Bacău and Iaşi Prisons the detainees were not even allowed to bring in their own disinfectants from outside; – the prisons had no place specially designed for eating. He was forced to eat in the cells, most of which did not have the requisite furniture – there were no chairs or tables, and the distance between the bunk beds was such that he could not sit up straight on his bed; – insufficient daylight in the cells and electricity provided only for a few hours during the day and evening, so that he was forced to read and write in the dark most of the time; – dirty and worn-out mattresses and sheets; – very poor quality food; – in Vaslui Prison there was so much dampness that there was always water on the floors. 9. In addition, the applicant alleged that the inhuman conditions of his detention had been aggravated by his constant and unnecessary transfers between prisons and between various cells in the same prison. He also alleged that on numerous occasions he had had to share his cell with mentally ill detainees who sometimes acted strangely, terrifying him or making his life unbearable. 10. The Government submitted that all of the prisons mentioned by the applicant had adequate natural and electric lighting and ventilation, and that the windows had never been covered by spare beds. All of the prisons had a central heating system providing adequate heating in the winter. All of the cells in which the applicant had been held had had the requisite furniture. 11. The specific details submitted by the Government with respect to the prisons in question are set out below. 12. The applicant was held in the old detention block of Bacău Prison until 13 August 2010 in cell no. 117, which measured 27.12 sq. m and accommodated eleven prisoners (2.46 sq. m of personal space). 13. There were no insect infestations in the prison in 2010. 14. The applicant was held in Iaşi Prison for one year and two months, from 13 August 2010 to 24 September 2010 and from 26 March 2013 to 22 April 2014. During those periods he was placed in three different cells measuring from 19.3 sq. m to 33.3 sq. m, which he shared with seven and twenty-five other prisoners respectively (2.41 sq. m to 1.2 sq. m of personal space). 15. The cells had their own bathroom containing two toilet cabins and a sink. Cold water was available permanently. Inmates had access to the common shower area twice per week. 16. The block occupied by the applicant during the second period in which he stayed in that prison had been renovated in January 2012. Hence, the cells had been provided with showers, and hot water was available daily for two hours. Television sets had also been installed in the cells. A self-service canteen was created where prisoners could eat their meals in proper conditions. 17. As regards the presence of insects, the problem was known by the prison administration who explained that it had been caused by the high number of prisoners and their failure to maintain adequate hygiene. Disinfection operations were conducted at least twice per year, within the limits of the budget. 18. The Government submitted two statements written and signed by the applicant on 12 September 2013 and 27 January 2014, in which he had declared that he was satisfied with the conditions of detention in the recently renovated block of Iaşi Prison. 19. The applicant was held in Galaţi Prison for two years and one month, from 24 September 2010 to 23 October 2012. During that period he was placed in four different cells measuring approximately 24 sq. m, which accommodated twelve to fifteen prisoners (1.6 to 2 sq. m of personal space). 20. The cells had their own bathrooms with a toilet and shower. Cold water, which was also used for drinking, was available daily from 6.30 to 8.30 a.m., 2 to 4.30 p.m. and 6.30 to 9 p.m. Prisoners had access to hot showers twice per week for one hour, depending on the number of prisoners and the heating capacity of the central heating system. 21. Cleaning products were provided monthly within the limits of the budget. The mattresses were renewed in August 2012. 22. Food was usually provided in accordance with the regulations but budgetary limitations meant that certain products were sometimes missing. 23. The applicant was held in Brăila Prison for almost four months, from 23 October 2012 to 19 February 2013. 24. The applicant was placed in a cell measuring 21.73 sq. m together with twelve other prisoners (1.6 sq. m of personal space). The cell had three rows of bunk beds totalling fifteen places. 25. Access to hot showers was possible twice per week. The provision of personal hygiene products was sometimes reduced for budgetary reasons. Heating and food were provided in accordance with the legal norms. Prisoners were served their meals in their cells. 26. The applicant’s cell had two television sets on which prisoners could watch programmes during certain time slots. 27. The prison administration ensured the prisoners’ access to a daily walk and sports activities. 28. General disinfection operations were conducted four times in the course of 2012 and twice in 2013. The Government submitted that the prison had not allocated any funding for disinfectants in the budget for 2013 and had thus had to attract outside sponsorship to cover that cost. 29. The applicant was detained in Vaslui Prison for one month and seven days, from 19 February to 26 March 2013. During that period he was placed in three different cells measuring 14.75 sq. m, which he shared with two to five other prisoners (personal space ranging from 2.95 sq. m to 4.91 sq. m). 30. Renovated cells were “put in use” on 1 May 2012 and new mattresses, pillows and sheets were distributed on the same date. The cells were equipped with the requisite furniture and a television set. They also had a bathroom with a toilet, a shower, a sink and a window. Cold water was available permanently and hot water twice per week for two hours. 31. Hygiene products were distributed monthly, but the statutory quantities could not be respected due to budgetary limitations. In 2013 prisoners were given washing powder ten times, soap and toilet paper nine times and chlorine eight times. 32. Food was prepared in accordance with the legal standards, in a fully renovated area. Prisoners were served their meals in their cells. 33. No disinfection was necessary in the applicant’s cell during the time he spent in Vaslui Prison. 34. The applicant alleged that while in detention he had developed various diseases as a result of the poor conditions in which he had been held. He alleged that the prison doctors had not provided him with adequate medical treatment and that all of the prisons had lacked medicines. More specifically, the prison infirmary had been open only once a week; whenever he had had a cold, an infection or even for the rheumatic fever he contracted in prison, he had usually been given only aspirin, as other medicines had never been available at the prison infirmary. In addition, he had suffered from toothache and other associated aches and pains and, despite repeatedly asking, he had never been taken to a dentist or given any painkillers, even when he finally developed a tooth infection and suffered pain for several consecutive weeks. 35. On 22 July 2010 the applicant was examined at the Bacău Prison infirmary and was diagnosed with lumbago. He received one tube of Diclofenac cream. 36. On 28 August 2013 the applicant was admitted to Iaşi Military Emergency Hospital and was diagnosed with osteoarthritis of the hands, chronic tetany (a neurological syndrome consisting of painful muscular spasms and cramps) and lower back pain. He was released with the recommendation to avoid effort, exposure to cold and dampness, and was prescribed symptomatic medication. On 30 September and 29 October 2013 the applicant received a total of ten anti-inflammatory tablets. 37. With respect to the dental care available to the applicant, the Government submitted that he had been examined and diagnosed, and had undergone treatment such as extractions, fillings and dental pulp extirpations on numerous occasions. On all those occasions he had also received appropriate treatment with antibiotics and pain killers. 38. Lastly, the Government submitted that no complaints concerning any alleged lack of adequate medical treatment had ever been lodged by the applicant during his detention.