Sleep with shifts in the cell and inadequate medical care “imprison” fundamental rights of prisoners and violate the ECHR
JUDGMENT
Valentin Baştovoi v. the Republic of Moldova ( no. 40614/14) 28.11.2017
SUMMARY
Unacceptable conditions of detention in Moldovan prisons. Cells without heating, many stacked prisoners, no natural light or ventilation, the prisoners had to sleep in shifts because there were not enough beds, the toilets were not separated from the rest of the cell, the food served was inadequate and unsuitable for consumption and allowed only one shower per week and one hour of daily exercise. Insufficient medical treatment of prisoners. Condemnation for inhuman and degrading treatment.
PROVISIONS
Article 3
Article 13
PRINCIPAL FACTS
The applicant, Valentin Baştovoi, is a Moldovan national who was born in 1987 and lives in Chișinău.
In 2013 Mr Baştovoi was admitted to Chișinău Prison no. 13 after being sentenced to eight years’
imprisonment for aggravated embezzlement. He alleges that he was detained in a cold, overcrowded
cell with no natural light or ventilation, where the prisoners had to take it in turns to sleep because
there were not enough beds, and where the toilets were not separated from the rest of the cell. He
also maintains that the food served was insufficient and unfit for consumption and that he was
allowed only one shower a week and one hour’s daily exercise. Lastly, he complains that he was not
given medical treatment for various diseases he contracted while in detention.
THE DECISION OF THE COURT
Article 3 (prohibition of inhuman or degrading treatment)
The Court highlighted the recurrent nature of the problems linked to the poor conditions of
detention in Chișinău Prison no. 13. It observed that it had already indicated to the State authorities
that they were to adopt appropriate measures to put an end to what appeared to be a systemic
problem (Cristioglo v. the Republic of Moldova, 26 April 2016).
Reports drawn up by the Moldovan Ombudsman and the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT) during the period when Mr
Baştovoi was held in the prison indicated that poor conditions of detention were prevalent in the
facility. The Court observed that the Government had not produced any evidence in support of their
assertion that considerable improvements had been made to the prison in the past few years.
The Court found that during his time in Chișinău Prison no. 13, Mr Baştovoi had been subjected to
conditions of detention entailing hardship that went beyond the unavoidable level of suffering
inherent in detention, and held that there had been a violation of Article 3 of the Convention.
Article 13 (right to an effective remedy) in conjunction with Article 3
The Court pointed out that it had repeatedly examined whether there were effective remedies in the
Republic of Moldova in respect of allegations of poor conditions of detention and had found on each
occasion that the remedies referred to by the Government were ineffective for the individuals
concerned, who continued to be detained in conditions incompatible with Article 3 of the
Convention. The Court saw no reason to depart from those findings in the present case.
Accordingly, it held that there had been a violation of Article 13 in conjunction with Article 3 of the
Convention.
Just satisfaction (Article 41)
The Court held that the Republic of Moldova was to pay the applicant 8,000 euros (EUR) in respect
of non-pecuniary damage and EUR 650 in respect of costs and expenses(echrcaselaw.com editing).
