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 applicant’s health by moving him away from smokers.