Branduse v. Romania

Submitted by Kelly Russo on Tue, 04/07/2009 - 00:00
Regional Decisions
European Court

The European Court of Human rights held that Romania violated Article 8 of the European Convention on Human Rights by failing to regulate waste management at a dump located a mere twenty meters from the applicant's prison, from which a strong odor emanated that substantially infringedĀ upon the applicant's quality of life. The Court observed that a national assessment found that citizens residing even further away from the dump than the prison were substantially affected by the odor, and that the applicant's quality of life was adversely affected by being exposed to the odor for a period of seven years. The Court found that State authorities breached Article 8 by failing to abide by their own procedures and failing to provide the applicant access to information regarding his environmental concerns. Additionally, the Court found that the State was in violation of Article 3, which recognizes the right to be free from inhumane and degrading treatment, due to the severe overcrowding of the prison.