EGMR: Forthcoming judgment on Tuesday 6 December 2016 – Kanalas v. Romania (no. 20323/14)

The applicant, Florian Kanalas, was born in 1969. Since 25 April 2016 he has been imprisoned in Satu Mare (Romania). The case concerns the conditions in which Mr Kanalas was held in the prisons of Oradea and Rahova, and the rejection by the prison authorities of his request for leave in order to attend his mother’s funeral.

In 2011 Mr Kanalas was sentenced to 12 and a half years in prison on a charge of attempted murder; his sentence was later reduced to 10 years. He was held in the prisons of Oradea and Rahova, and he disputed the conditions of his detention.

In 2014 Mr Kanalas asked the governor of the prison of Oradea for leave to attend his mother’s funeral, but his request was rejected on the grounds, in particular, that the remaining sentence left to serve was too long and that he had already been rewarded in the same month. He unsuccessfully filed a criminal complaint for abuse of authority against the governor of Oradea prison.

Relying on Article 3 (prohibition of torture and inhuman or degrading treatment), Mr Kanalas complains about the conditions in which he was held in the prisons of Oradea and Rahova. Relying on Article 8 (right to respect for private and family life), Mr Kanalas complains about the refusal of the prison authorities to authorise him to attend his mother’s funeral.

Press release ECHR 385 (2016) 02/12/2016

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