Case Mescereacov v. the Republic of Moldova

Importance Nature Application Number Case language State Date (dd/mm/yyyy)
3 Judgement 61050/11 English Moldova 09/02/2016

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Mescereacov v. the Republic of Moldova - no. 61050/11

Article 3

Material conditions of detention : violation

The applicant complained that he had been detained in inhuman and degrading conditions. In particular he submitted that “due to the overcrowding each inmate only had between 1.5 and 2 sq. m. of available space in the cells” (§8), that there was no ventilation system or natural light, that inmates could shower only once a week and take a walk only for one hour a day, that the toilets were not enough separated from the rest of the cell and were located at a distance of 1.5 m. from the table were the inmates served their meals.

The Court recalled that it had examined on numerous occasions the issue of domestic remedies in respect of poor conditions of detention in Moldova and had concluded on each occasion that the preventive remedies suggested by the Government were ineffective (§15, see i.a. Sarban v. Moldova, §§57-62), and therefore rejected the Government objection for non-exhaustion of domestic remedies.

The Court then noted that “poor conditions of detention in this particular detention facility were found to prevail in the years 2008, 2009 and 2010” (§20) and that “the Government adduced no evidence […] that considerable improvements […] had taken place during recent years” (§20). Therefore the Court considered it saw no reason to depart from its previous judgments (see i.a. Hadji v. Moldova, §20),  declared there had been a violation of Article 3, and urged “the authorities to take appropriate measures in order to put an end to what seems to be a systemic problem” (§21).