FOURTH SECTION
CASE OF BĂILĂ AND OTHERS v. ROMANIA
(Application no. 55080/16 and 16 others –
see appended list)
JUDGMENT
STRASBOURG
13 January 2022
This judgment is final but it may be subject to editorial revision.
In the case of Băilă and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 9 December 2021,
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 Romanian Government (“the Government”) were given notice of the applications.
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.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION6. The applicants complained 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, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 10 January 2012).
8. In the leading case of Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, the Court has already found a violation in respect of issues similar to those in the present case.
9. Having examined all the material submitted to it and the arguments raised by the parties, including the Government’s objection related to the non-exhaustion of domestic remedies, 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 (including its findings in the recent case of Polgar v. Romania, no. 39412/19, §§ 94-97, 20 July 2021), the Court considers that in the instant case the applicants’ conditions of detention, for the periods specified in the appended table, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In applications nos. 55753/16, 3888/17 and 35076/17, the applicants also raised other complaints under Article 3 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
15. The Court further 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,
Decides to join the applications;Declares the complaints concerning the inadequate conditions of detention, as specified in the appended table, admissible, and the remainder of the applications inadmissible;Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention for the periods specified in the appended table;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.
Done in English, and notified in writing on 13 January 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)
[1]
55080/16
06/10/2016
Constantin-Doru BĂILĂ
1981
Codlea, Bârcea Mare and Miercurea Ciuc Prisons; Dej and Mioveni Prisons Hospitals
01/08/2014 to
14/02/2017
2 year(s) and 6 month(s) and 14 day(s)
1.36-2.94 m²
overcrowding (save for 21/10/2014-03/03/2015; 12/06/2015-31/05/2016; 28/06/2016-10/10/2016; 21/11/2016-16/12/2016), bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture
3,000
55753/16
25/10/2016
Florin-Dorin LINGURAR
1982
Deva County Police, Bârcea Mare, Jilava, Gherla and Bistriţa Prisons
31/05/2008 to
07/06/2017
9 year(s) and 8 day(s)
1.11-2.42 m²
overcrowding (save for 08-17/03/2017), poor quality of food, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities
5,000
56319/16
16/09/2016
Nicolae BOLBOCEANU
1968
Poarta Albă Prison, Poarta Albă Prison Hospital
18/12/2013 to
20/01/2017
3 year(s) and 1 month(s) and 3 day(s)
1.56-2.28 m²
overcrowding (save for 18/12/2013-09/01/2014; 26/03/2014-04/04/2014; 25/08/2014-29/08/2014; 27/01/2016-12/02/2016; 03/10/2016-22/11/2016), lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, inadequate temperature, no or restricted access to warm water, poor quality of food, constant electric light, no or restricted access to running water, no or restricted access to potable water, lack of or insufficient natural light
3,000
54/17
25/04/2017
Gabriel-Ionuț BĂLUȚĂ
1985
Cristina-Virginia Parpală
Craiova
Craiova, Drobeta Turnu Severin, Pelendava Prisons
30/01/2014 to
09/11/2016
2 year(s) and 9 month(s) and 11 day(s)
1.3-2.86 m²
overcrowding (save for 18-22/02/2016), no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, inadequate temperature, no or restricted access to shower, lack of or insufficient quantity of food, applicant transported on numerous occasions, infestation of cell with insects/rodents
3,000
808/17
31/01/2017
Constantin RENTEA
1974
Vâlcea County Police, Colibaşi and Târgu-Jiu Prisons, Colibaşi Prison Hospital
22/07/2016 to
01/08/2017
1 year(s) and 11 day(s)
1.78-2.77 m²
overcrowding (save for 22/07/2016-27/09/2016; 11/10/2016-15/11/2016), no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, lack or inadequate furniture, no or restricted access to potable water, no or insufficient disinfection of barbering and haircutting tools, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or insufficient quantity of food
3,000
3888/17
03/01/2017
Iosif ION
1984
Vasile Rareş Biro
Satu Mare
Satu Mare Prison
29/08/2015 to
08/02/2017
1 year(s) and 5 month(s) and 11 day(s)
Satu Mare Prison
22/02/2017 to
21/05/2017
3 month(s)
Satu Mare Prison
31/05/2017 to
25/07/2017
1 month(s) and 26 day(s)
1.36-1.73 m²
1,73 m²
2.6 m²
overcrowding, lack of fresh air, no or restricted access to toilet, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, no or restricted access to shower, mouldy or dirty cell, constant electric light
3,000
7728/17
04/04/2017
Viorel-Marius SPIRIDON
1975
Irina Maria Peter
Bucharest
Giurgiu, Jilava and Găeşti Prisons
15/12/2014 to
28/12/2016
2 year(s) and 14 day(s)
1.41-2.87 m²
overcrowding (save for 26/03/2015-20/05/2015 and 24/11/2016-22/12/2016), bunk beds, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to potable water, poor quality of food, poor quality of potable water, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, inadequate temperature, lack of or inadequate hygienic facilities
3,000
29559/17
22/05/2017
Paul DINIȚĂ
1989
Jilava Prison
07/10/2016 to
12/09/2017
11 month(s) and 6 day(s)
1.35-2.14 m²
overcrowding (save for 08-17/03/2017), lack of fresh air, lack of or insufficient natural light, lack of privacy for toilet, no or restricted access to potable water, lack or inadequate furniture, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents
1,000
30068/17
06/04/2017
Gabriel PALUȚ
1988
Stancu Adrian
Oradea
Bihor County Police, Oradea, Baia-Mare, Satu-Mare Prisons, Des Prison Hospital
16/01/2014 to
29/11/2016
2 year(s) and 10 month(s) and 14 day(s)
1.3-2.88 m²
overcrowding (save for 20/03/2014-12/05/2014, 22/05/2014-23/07/2014, 06/03/2015-10/11/2015; 11-19/02/2016; 20-27/09/2016), mouldy or dirty cell, poor quality of food, no or restricted access to shower, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to toilet, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
3,000
30903/17
12/04/2017
Codruța-Alexandra TABARCEA
1982
Târgşor Prison
18/03/2015 to
19/10/2016
1 year(s) and 7 month(s) and 2 day(s)
1.86-2.52 m²
overcrowding, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, overcrowding, bunk beds, poor quality of food, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to running water, lack or inadequate furniture, lack of toiletries, lack of or insufficient natural light, lack of fresh air, lack of privacy for toilet
3,000
30970/17
14/04/2017
Marin COVACI
1964
Biro Vasile Rareş
Satu Mare
Baia Mare Prison
25/07/2016 to
29/03/2017
8 month(s) and 5 day(s)
1.83-2.62 m²
overcrowding, bunk beds, lack of fresh air, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient natural light, poor quality of food, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, inadequate temperature
1,000
34703/17
05/05/2017
Ion PATRICHE
1993
Ciobotaru Ana Maria Loredana
Galati
Galaţi Prison
05/02/2015 to
07/12/2016
1 year(s) and 10 month(s) and 3 day(s)
1.2-1.63 m²
overcrowding, lack of fresh air, insufficient number of sleeping places, infestation of cell with insects/rodents, inadequate temperature, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack of toiletries, lack or inadequate furniture, poor quality of food, no or restricted access to warm water, no or restricted access to toilet, lack of privacy for toilet
3,000
35076/17
04/05/2017
Dumitru GAVRILĂ
1985
Cadar Andreea-Gabriela
Galati
Poarta Albă Prison
23/11/2015 to
29/11/2016
1 year(s) and 7 day(s)
1.7-2.37 m²
overcrowding, bunk beds, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to shower, mouldy or dirty cell, lack of or insufficient electric light, lack or inadequate furniture, infestation of cell with insects/rodents, inadequate temperature, lack of or insufficient quantity of food, poor quality of food
3,000
36468/17
08/05/2017
Nistor GEREBENEȘ
1984
Biro Vasile Rareş
Satu Mare
Maramureş County Police, Gherla and Baia Mare Prisons
27/04/2014 to
27/04/2017
3 year(s) and 1 day(s)
1.41-2.91 m²
overcrowding (save for 28/04/2014-29/05/2014), lack or inadequate furniture, no or restricted access to toilet, no or restricted access to running water, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, bunk beds, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, mouldy or dirty cell
3,000
37056/17
11/09/2017
Marinel BRÎNZĂ
1969
Irina Maria Peter
Bucharest
Arad and Jilava Prisons
07/12/2015 to
04/04/2017
1 year(s) and 3 month(s) and 29 day(s)
1.35-2.14 m²
overcrowding (save for 07/12/2015-07/01/2016, 08-17/03/2017), bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, poor quality of food, lack or inadequate furniture, poor quality of potable water
3,000
38286/17
17/05/2017
Marcel TOMA
1971
Andreea-Gabriela Cadar
Galati
Poarta Albă, Tulcea, Slobozia Prison, Poarta Albă Prison Hospital
21/04/2011 to
27/01/2017
5 year(s) and 9 month(s) and 7 day(s)
1.32-2.71 m²
overcrowding (save for 27/04/2011-04/05/2011, 06-13/05/2011, 09-13/09/2011, 12-16/03/2012, 24-25/09/2012, 25/04/2013-03/06/2013, 13-24/09/2013, 05-08/05/2015), bunk beds, insufficient number of sleeping places, no or restricted access to potable water, poor quality of potable water, no or restricted access to warm water, no or restricted access to shower, mouldy or dirty cell, lack of or insufficient electric light, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, lack of or restricted access to leisure or educational activities
5,000
42618/17
23/10/2017
Octavian-Ionuț MATEI
1991
Colibaşi and Târgu-Jiu Prisons
16/02/2016 to
04/07/2017
1 year(s) and 4 month(s) and 19 day(s)
1.69-2.84 m²
overcrowding, lack of or insufficient natural light, no or restricted access to toilet, infestation of cell with insects/rodents, lack of fresh air, poor quality of potable water, no or restricted access to warm water, inadequate temperature, constant electric light, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air
3,000
[1] Plus any tax that may be chargeable to the applicants.