Elefteriadis c. Roumanie. Country/Territory European Union Type of court International court Date Jan 25, 2011 Source UNEP, InforMEA Court name European Court of Human Rights Seat of court Strasbourg Judge Power., A.Casadevall, J.Corneliu Bîrsan, E.F.Myjer, E.Ziemele, I.López Guerra, L. Reference number 38427/05 Language French Subject Environment gen. Keyword Human rights Court/tribunal Public health Legal proceedings/administrative proceedings Abstract The applicant was serving a sentence of life in prison for murder. Between 1994 and 2000, the applicant was in a 13.81 square meter cell with three smokers. The applicant alleges that he repeatedly tried to move cells from 1994 until 1999, when his request was finally granted. Also in 1999, a doctor diagnosed the applicant with pulmonary fibrosis. In February 2005, the applicant was again moved to a cell with two frequent smokers, which lasted until 2008, when the applicant moved to a cell with non-smokers. The applicant was also exposed to smoke in prison-transport vans and in courtroom waiting areas. In 2008, a doctor diagnosed the applicant with grade two chronic obstructive bronchopneumopathy. The applicant filed a complaint, which the domestic courts rejected because the applicant did not submit evidence of damages and his health improved after moving cells. While there is anti-smoking legislation, Romania claims that it was impossible to enforce in prisons, and they tried their best to put the applicant with non-smoking cells when possible. Romania also alleges that authorities banned smoking in prison-transport vans, but they could not stop individuals from smoking in courtroom waiting areas. The applicant argues that his unwilling exposure to smoke caused pulmonary illnesses and constitutes a violation of Article 3. The Court unanimously ruled that there was a violation of Article 3 (prohibition of torture). The Court noted that logistical or financial difficulties in enforcing anti-smoking legislation is not a valid reason for failing to uphold Article 3. The applicant had pulmonary fibrosis a chronic illness and repeatedly requested to be transferred to a non-smoking cell, thus authorities had a duty to take measures to safeguard the applicants health by moving him away from smokers.