Ostrovar v. Moldova

A Moldovan national complained of violations of his human rights during his detention and imprisonment by the Moldovan government.  The plaintiff alleged that the overcrowded, unsanitary and smoke-filled facilities constituted inhumane and degrading treatment.  The plaintiff’s asthma was significantly aggravated by being held in a non-ventilated room with smokers for 23 hours per day.   He was further denied any medication for his condition.  He also alleged that he was denied contact with his family and access to an effective remedy for his complaints during his imprisonment.  The court ultimately held that his treatment, including his exposure to cigarette smoke, amounted to violations of the Human Rights Convention and assessed damages owed to the plaintiff of 4,500 euros.

Ostrovar v. Moldova, Application no. 35207/03, European Court of Human Rights (Feb. 15, 2006).

  • Moldova
  • Feb 15, 2006
  • European Court of Human Rights, Strasbourg
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Parties

Plaintiff Vitali Ostrovar

Defendant Republic of Moldova

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The Court further notes that the Government do not deny that the applicant was kept in a cell with prisoners who were permitted to smoke in the cell. At the same time it is an undisputed fact that the applicant was suffering from asthma and that the prison authorities were aware of his condition but did not take any steps to separate him from smokers. In its decision on admissibility of 22 March 2005 the Court held, in respect of the Government's contention that the applicant should have requested a transfer to a non-smoking cell, that that remedy was not effective. Accordingly, the Court considers that the Government did not fulfil their obligation to safeguard the applicant's health and instead allowed him to be exposed to cigarette smoke, which was dangerous in view of his medical condition, particularly, since the applicant was kept in the cell twenty-three hours a day."