Part I

Corneliu-Liviu POPESCU, Professor, Ph.D., Faculty of Law, University of Bucharest, The Pre-Trial Detention of a Former Prime Minister

Conditions of detention must respect human dignity, but in this case the minimum threshold of severity was not met, so Article 3 of the Convention is not applicable from this perspective. The medical treatment provided to the detainee was adequate and far superior to that available to other detainees, and he failed to demonstrate the objective nature of his total lack of trust in the prison doctors, which could justify his refusal to be treated by them; this means that there was no violation of Article 3 of the Convention with respect to this claim. The ill-treatment allegedly suffered during detention may be justified by the prisoner’s medical condition, and the investigation was unable to prove otherwise due to the prisoner’s refusal to undergo a forensic medical examination, which means that there was no violation of Article 3 of the Convention in this regard.

Keywords: European Court of Human Rights, prohibition of torture, detainee, conditions of detention, medical treatment in detention, ill-treatment in detention, effective investigation