Excessive police detention during criminal investigation and unacceptable prison conditions.

JUDGMENT

Stănculeanu v. Romania 09.01.2018 (no. 26990/15)

see here

SUMMARY 

Complaint about police custody in criminal investigation. By relying on Article 5 § 1 (right to liberty and security), the applicant claimed that for 19 hours they had been unlawfully placed in the police station and, in accordance with Article 3 (prohibition of inhuman or degrading treatment), protested about the conditions of detention. The Court has held that there has been a violation of Article 3 on detention conditions.

PROVISIONS 

Article 3

Article 5 § 1

PRINCIPAL FACTS 

The applicant, Andreea-Cornelia Stănculeanu, is a Romanian national who was born in 1975 and lives in Voluntari (Romania). The case concerned her complaint about being held in police custody for 11 hours in the context of a large-scale criminal investigation into money laundering and fiscal fraud.

A suspect in the investigation, Ms Stănculeanu’s home was searched early on 4 December 2014. The same afternoon she was taken for questioning at Bucharest police headquarters on the basis of a prosecutor’s order to appear, along with about 30 other suspects and/or witnesses. However, she was only actually questioned in the early hours of the morning the next day, after having spent most of the evening being given medical care. She was first seen by an ambulance team, which was called to the police station, and then taken to hospital for emergency treatment. She was guarded at all times in the hospital and was then taken back to the police station. After the questioning, the prosecutor decided to remand her in custody. Her lawyer lodged two complaints with the prosecutor about the remand decision and about her being deprived of her liberty since the previous day. The prosecutor dismissed both complaints and subsequently asked the courts to place Ms Stănculeanu in pre-trial detention. The request was allowed and she was released after spending two months in pre-trial detention. The proceedings against her are still pending.

Relying on Article 5 § 1 (right to liberty and security), Ms Stănculeanu alleged that she had been held unlawfully in police custody between 6.15 a.m. on 4 December 2014 – when the search of her house had been started – until 1.10 a.m. on 5 December 2014 – when the prosecutor had decided to remand her in custody. She also made a complaint under Article 3 (prohibition of inhuman or degrading treatment) about the conditions of her pre-trial detention, essentially on account of overcrowding, poor hygiene and inadequate food.

THE DECISION OF THE COURT 

Violation of Article 3

No violation of Article 5 § 1

Just satisfaction: EUR 1,000 (non-pecuniary damage) and EUR 1,500 (costs and expenses)(echrcaselaw.com editing). 


ECHRCaseLaw
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