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The European Court of Human Rights (ECHR) has condemned the Romanian state following a complaint by two detainees, a Romanian citizen and a Moldovan citizen, who complained that they had not received food without pork in prison despite having declared his Muslim faith, he announced. on Tuesday the European court. Iulia Motoc is part of the ECHR panel. The decision was made unanimously.
The applicant, a Romanian citizen, Dănuţ Neagu, served a prison sentence between 2009 and 2017 in various prisons in Romania. At the time of his imprisonment, he declared that he was an Orthodox Christian, but converted to Islam during his execution. He complained about the refusal of the Romanian authorities to offer him detention without pork – according to the precepts of the Muslim religion – in the absence of his evidence to certify that he had adhered to this religion.
In turn, a Moldovan citizen, Ion Saran, domiciled in Romania, in Brasov, detained between 2016 and 2018 in five Romanian prisons (Botosani, Codlea, Deva, Iasi and Miercurea-Ciuc), denounced that during his detention he did not receive food compatible with the precepts of Islam in the prisons of Iaşi and Miercurea-Ciuc, which asked him for a written proof proving that he adheres to the Muslim denomination, although when he was imprisoned he declared that he is Muslim, says the ECHR. His request was also rejected by the competent courts, which considered, among other things, that Ion Saran initially declared himself Christian-Orthodox and subsequently did not provide any documents proving that he was Muslim, the court wrote later in the description of the case. Europe.
In its verdict, the ECHR found that the Romanian authorities had in both cases violated Article 9 of the European Convention on Human Rights (on freedom of thought, conscience and religion) and ordered the two plaintiffs to pay compensation of 5,000 euros. for each and 215 euros other expenses for the plaintiff Dănuţ Neagu.
The European Court of Human Rights considers in its verdict that, by refusing to provide the plaintiff Saran with food in detention according to his faith and, in the case of plaintiff Neagu, as a result of the provisions established by order of the Ministry of Justice that require , inter alia, written proof of change of religion During the period of detention, the Romanian authorities did not guarantee a fair balance between the interests of the prison, those of the other detainees and the interests of the two applicants.
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