Religion – Weltanschauung – Recht [ RWR ]

The applicant, Eugeniu Costel Austrianu, is a Romanian national who was born in 1964 and lives in Leresti (Romania). In September 1993 he was convicted of murder and sentenced to 27 years’ imprisonment. He served his sentence until December 2005.

Relying in particular on Article 3 (prohibition of torture and of inhuman or degrading treatment), he complained that in December 1998 he had been ill-treated by a prison guard in Colibasi prison – in particular, that he had been hit with a truncheon – and that the ensuing investigations into his complaints had been ineffective. He also complained about inadequate medical care in detention for his various health problems, including mental illness and an ulcer.

• Two violations of Article 3 (treatment and investigation – concerning the incident of 9 December 1998)
• No violation of Article 3 (medical care in detention)

Just satisfaction: € 10,000 (non-pecuniary damage) and € 1,524 (costs and expenses)

Press release ECHR 043 (2013) 12/02/2013

Anmerkung der Redaktion

Zur Verletzung des Art. 9 EMRK vgl. Press release ECHR 041 (2013) 06/02/2013