CASE OF ANCA AND OTHERS v. ROMANIA

FOURTH SECTION

CASE OF ANCA AND OTHERS v. ROMANIA

(Application no. 45653/13 and 7 other applications)

JUDGMENT

STRASBOURG

14 December 2017

This judgment is final but it may be subject to editorial revision.

In the case of Anca and Others v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,

Having deliberated in private on 23 November 2017,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Romania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The applications were communicated to the Romanian Government (“the Government”).

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the inadequate conditions of their detention. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

6. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

7. The Court notes that the applicants were kept in detention in poor conditions. The details of the applicants’ detention are indicated in the appended table. The Court refers to the principles established in its case‑law regarding inadequate conditions of detention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96‑101, ECHR 2016). It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are “degrading” from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Muršić, cited above, §§ 122 ‑141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑159, 10 January 2012).

8. In the pilot case of Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.

9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.

10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

III. REMAINING COMPLAINTS

11. The applicants in applications nos. 45653/13, 76774/13, 16979/14, 18621/14 and 30310/14 also raised other complaints under Articles 3, 8 and 14 of the Convention.

12. The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sums indicated in the appended table. The applicant in application no. 18621/14 failed to respond to the Court’s letter of 26 March 2015, inviting him to submit his just satisfaction claims in accordance with Rule 60 of the Rules of the Court. The Court therefore makes no award to this applicant.

15. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the complaints concerning the inadequate conditions of detention, as set out in the appended table, admissible, and the remainder of applications nos. 45653/13, 76774/13, 16979/14, 18621/14 and 30310/14 inadmissible;

3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;

4. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

5. Dismisses the remainder of the applicants’ claim for just satisfaction.

Done in English, and notified in writing on 14 December 2017, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv TigerstedtVincent A. De Gaetano

Acting Deputy RegistrarPresident

APPENDIX

List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)

No.

Application no.

Date of introduction

Applicant name

Date of birth

Representative name and location

Facility

Start and end date

Duration

Sq. m. per inmate

Specific grievances

Amount awarded for non-pecuniary damage per applicant

(in euros)[1]

Amount awarded for costs and expenses per application

(in euros)[2]   

45653/13

08/07/2013

Gheorghe Cosmin Anca

23/05/1984

Colibași Penitentiary

20/04/2011 to

11/07/2013

2 year(s) and 2 month(s) and 22 day(s)

Târgu-Jiu Penitentiary

11/07/2013 to

30/06/2014

11 month(s) and 20 day(s)

Timișoara Penitentiary

30/07/2013 to

28/04/2014

8 month(s) and 30 day(s)

Colibași Penitentiary

30/06/2014

pending

More than 3 year(s) and 3 month(s) and 18 day(s)

1.3-2.3 m²

0.9-2.2 m²

1.6-2.4 m²

1.3-2.3 m²

Overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of a place for serving meals, lack of laundry facilities.

Overcrowding, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of a storing space and of a place for serving meals, poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air.

Overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, lack of an adequate room for serving meals, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of an adequate storing space, lack of or insufficient physical exercise in fresh air, lack of laundry facilities.

Overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of a place for serving meals, lack of laundry facilities.

5,000

56513/13

28/08/2013

Ciulei-Lucian Stan

16/05/1979

Mărgărit Ionela

Bucharest

Brăila Police Inspectorate

28/11/2011 to

24/01/2012

1 month(s) and 28 day(s)

Galați Penitentiary

24/01/2012 to

25/03/2014

2 year(s) and 2 month(s) and 2 day(s)

1.9 m²

1.6-2 m²

Overcrowding, lack of or insufficient natural light, no or restricted access to toilet

Overcrowding, poor quality of running water, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to warm water.

3,000

75874/13

27/11/2013

Viorica-Iosefina Pilică

01/01/1975

Târgșor Penitentiary

28/05/2013

pending

More than 4 year(s) and 4 month(s) and 20 day(s)

1.6-2.7 m²

Overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack of toiletries, lack of or insufficient electric light, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, poor quality of food, limited time to serve meals, lack of laundry facilities.

3,000

76774/13

25/11/2013

Romeo-Vlăduț Zîmbrean Sbranca

20/01/1987

Bacău Police Inspectorate

09/05/2011 to

27/09/2011

4 month(s) and 19 day(s)

Bacău Penitentiary

27/09/2011 to

28/03/2014

2 year(s) and 6 month(s) and 2 day(s)

1.8-2.2 m²

Lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to running water, lack or inadequate furniture, lack of a place for serving meals, constant electric light.

Overcrowding, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, lack of place for serving meals, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water.

3,000

16979/14

02/06/2014

Ionuț Robert Mihai

16/02/1991

Boghină Carmen

Bucharest

Târgu-Jiu Penitentiary

24/10/2013

pending

More than 3 year(s) and 11 month(s) and 24 day(s)

1.1-2.8 m²

Overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of a place for serving meals and of a storing space, infestation of cell with insects/rodents, no or restricted access to warm water, bunk beds, lack of or poor quality of bedding and bed linen, insufficient number of sleeping places for the period of 24/10/2013 to 17/03/2014.

3,000

11   

18518/14

28/03/2014

Augustin Drăgușin

31/05/1984

Codlea Penitentiary

12/09/2013 to

11/04/2014

7 month(s)

Codlea Penitentiary

22/04/2014

pending

More than 3 year(s) and 5 month(s) and 26 day(s)

1.1-1.9 m²

1.1-1.9 m²

Overcrowding, lack of or inadequate hygienic facilities, lack of laundry facilities.

Overcrowding, lack of or inadequate hygienic facilities, lack of laundry facilities.

3,000

18621/14

17/03/2014

Nicolae Dumitru

14/06/1988

Rahova Penitentiary

21/09/2010 to

24/04/2015

4 year(s) and 7 month(s) and 4 day(s)

2.6 m²

Overcrowding, lack of fresh air, no or restricted access to warm water.

0

30310/14

10/04/2014

Gavril Bonaciu

12/11/1974

Oradea Police Inspectorate

05/06/2013 to

06/06/2013

2 day(s)

Oradea Penitentiary

06/06/2013 to

22/07/2013

1 month(s) and 17 day(s)

Satu Mare Penitentiary

22/07/2013 to

14/07/2015

1 year(s) and 11 month(s) and 23 day(s)

1 m²

1.8 m²

0.8-1.9 m²

Overcrowding, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, poor quality of food.

Overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, poor quality of food.

Overcrowding, lack of or inadequate hygienic facilities, lack of a place for serving meals, no or restricted access to warm water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food.

3,000

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.

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