Part I

Corneliu Liviu POPESCU, Professor, Faculty of Law, University of Bucharest, Custody of a Former Prime Ministre
Conditions of custody have to respect human dignity, but in the case presented here the minimum level of gravity has not been reached, therefore art. 3 of the Convention is not applicable from this perspective. The medical treatment granted to the prisoner has been adequate and much superior to the one available for other detainees, and the detainee has not proven the objective character of his total lack of trust in the penitentiary's doctors in order to justify his refuse to be taken care of, which leads to non-violation of art. 3 of the Convention for this complaint. Ill treatment claimed to have been applied during detention can be justified by the prisoner's illness, and the investigation couldn't prove otherwise, due to the detainee's refuse to submit himself to a medical and judicial examination, which leads to non-violation of art. 3 of the Convention under this respect.

Key-words: European Court of Human Rights, prohibition of torture, detainee, conditions of detention, medical treatment during detention, ill-treatments during detention, adequacy of the investigation.
« back