FOURTH SECTION
CASE OF BĂLĂŞESCU AND OTHERS v. ROMANIA
(Application no. 694/14 and 16 others -
see appended list)
JUDGMENT
STRASBOURG
8 February 2018
This judgment is final but it may be subject to editorial revision.
In the case of Bălăşescu 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 18 January 2018,
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. 54933/14, 57680/14, 77203/14, 56479/16 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
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 the applications nos. 54933/14, 57680/14, 77203/14, 56479/16 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.
Done in English, and notified in writing on 8 February 2018, 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]
694/14
14/12/2013
Maximilian-Ion Bălăşescu
14/08/1972
Bucharest Police Arrest Centre no. 1
01/02/2012 to
17/07/2012
5 month(s) and 17 day(s)
Rahova Penitentiary
17/07/2012 to
26/07/2013
1 year(s) and 10 day(s)
Jilava Penitentiary
26/07/2013 to
16/03/2015
1 year(s) and 7 month(s) and 19 day(s)
1.76 m²
2.7 m²
overcrowding, lack of privacy for toilet, infestation of cell with insects/rodents
overcrowding, no or restricted access to shower, no or restricted access to warm water
no or restricted access to shower
3,000
54933/14
11/03/2015
George-Constantin Păun
14/07/1973
Jilava and Giurgiu Penitentiaries
12/10/2006 to
13/09/2016
9 year(s) and 11 month(s) and 2 day(s)
1.1-2.7 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to potable water, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, lack of privacy for toilet
5,000
55038/14
30/09/2014
Doru Anghel
22/07/1977
Arad Penitentiary
22/12/2010 to
07/02/2014
3 year(s) and 1 month(s) and 17 day(s)
Timișoara Penitentiary
07/02/2014 to
04/02/2015
11 month(s) and 29 day(s)
3,4 m²
1,8 - 2,6 m²
poor quality of food, lack of or inadequate hygienic facilities
overcrowding, shoe crafting and storing in the cell (increased overcrowding), constant noise from the hydraulic press beneath the cell, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents
3,000
57680/14
05/08/2014
Rudel Obreja
06/08/1965
Onuța Igor
București
Bucharest XV Police Section
04/02/2014 to
05/03/2014
1 month(s) and 2 day(s)
Bucharest Police Arrest Centre no. 1
05/02/2015 to
18/02/2015
14 day(s)
Bucharest Police Arrest Centre no. 7 (Police Precinct no. 12)
18/02/2015 to
28/04/2015
2 month(s) and 11 day(s)
4 m²
2.45 m²
2.75 m²
overcrowding, poor quality of food, lack of privacy for toilet, mouldy or dirty cell, inadequate temperature, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, lack of fresh air, bunk beds, lack of hygienic conditions for storage of personal items
overcrowding, mouldy or dirty cell, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air
overcrowding, poor quality of food, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents
1,000
58314/15
06/11/2015
61238/14
24/09/2014
Daniel-Cătălin Oancea
24/01/1971
Colibași Penitentiary
08/12/2014 to
09/11/2016
1 year(s) and 11 month(s) and 2 day(s)
1.7-2.9 m²
Overcrowding (save for the period of 05/11/2015 – 08/02/2016), poor quality of food, lack or inadequate furniture, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
3,000
69606/14
21/11/2014
Petre Gabriel Liutic
31/05/1973
Constanța Police Inspectorate
31/03/2011 to
14/06/2011
2 month(s) and 15 day(s)
Poarta-Albă, Rahova and Slobozia Penitentiaries
14/06/2011 to
12/01/2016
4 year(s) and 6 month(s) and 30 day(s)
1.6-2.4 m²
poor hygienic conditions
Overcrowding (save for the period of 14/06/2011 - 31/07/2012, 17/12/2012 and 12/06/2013 - 12/01/2016), lack of or inadequate hygienic facilities, no or restricted access to running water, inadequate temperature, lack of or insufficient natural light, constant electric light, poor quality of food, nor or restricted access to potable water, lack of or insufficient physical exercise in fresh air, infestation of cells with insects/rodents
3,000
77203/14
14/01/2015
Constantin Codruț Groza
19/02/1977
Sălaj Police Inspectorate, Satu-Mare, Gherla, Aiud, Jilava and Oradea Penitentiaries
03/03/2006 – 14/11/2017
11 year(s) and 8 month(s) and 12 day(s)
1.3 - 2.8 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, lack of or insufficient natural light, poor quality of food, constant electric light, infestation of cell with insects/rodents, insufficient number of sleeping places, mouldy or dirty cell, lack of or insufficient exercise in fresh air, inadequate temperature, no or restricted access to potable water, lack of or restricted access to leisure or educational activities, lack of fresh air
5,000
28494/15
04/09/2015
Vasile Andrei
10/12/1972
Ioniță Natașa
București
Jilava Penitentiary
03/02/2014 to
30/12/2016
2 year(s) and 10 month(s) and 28 day(s)
1.1-2.2 m²
overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, infestation of cell with insects/rodents
3,000
39336/15
25/08/2015
Costică Avram
12/09/1966
Arad Police Inspectorate, Arad and Satu-Mare Penitentiaries
19/06/2014 – 07/11/2017
3 year(s) and 4 month(s) and 20 day(s)
1.3-1.9 m²
Overcrowding (save for the period of 19/06/2014 – 30/07/2015), lack of sanitary facilities in the cell, insects, poor quality of food, lack of fresh air and natural light, insufficient out-of-cell time
3,000
40849/15
24/09/2015
Andrei-Costel Milea
23/11/1989
Bacău Police Inspectorate, Bacău, Rahova, Focșani, Iași and Vaslui Penitentiaries
25/02/2013
pending
More than 4 year(s) and 9 month(s) and 4 day(s)
1.2 - 2.7 m²
overcrowding, insufficient number of sleeping places, lack of privacy for toilet, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate furniture, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise, no or restricted access to running water during summer
3,000
41425/15
01/10/2015
Ovidiu Mazureac
02/01/1990
Timișoara Penitentiary
26/05/2015 to
07/11/2016
1 year(s) and 5 month(s) and 13 day(s)
2.2 - 2.5 m²
overcrowding, infestation of cell with insects/rodents, lack of fresh air, lack or inadequate furniture, small courtyard
3,000
44934/15
27/10/2015
Cristian-Dragoș Roșu
26/05/1976
Balteș Beatrice-Irina
București
Bucharest Police Section no 4, Rahova, Giurgiu and Jilava Penitentiaries
06/03/2011
pending
More than 6 year(s) and 7 month(s) and 26 day(s)
1.5-2.3 m²
Overcrowding (all but Giurgiu Penitentiary) (save for the period of 06/11/2015 – 05/01/2017), insufficient number of sleeping places, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to running water during summer, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air
5,000
54444/16
08/12/2016
Dumitru-Jan Dicu
20/09/1980
Râmnicu-Vâlcea Police Inspectorate, Târgu-Jiu, Colibași Penitentiaries
03/12/2013 to
24/11/2016
2 year(s) and 11 month(s) and 22 day(s)
1.2 - 2.9 m²
overcrowding, mouldy or dirty cell, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water
3,000
56479/16
12/12/2016
Cristian Țandea
05/05/1984
Mitreanu Alexandru
Cluj-Napoca
Gherla, Baia-Mare Penitentiaries
22/09/2015 to
05/07/2016
9 month(s) and 14 day(s)
1.5 - 2.3 m²
overcrowding, lack of or insufficient natural light, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of fresh air, poor quality of food, infestation of cell with insects/rodents, no or restricted access to running water, no or restricted access to warm water
1,000
79671/16
15/12/2016
Mohmad Ammar Alshek Ali
02/05/1982
Mărgărit Ionela
București
Bucharest Police Central Department, Rahova, Giurgiu, Jilava Penitentiaries
14/05/2014 to
11/10/2016
2 year(s) and 4 month(s) and 28 day(s)
1.6 - 2.7 m²
Overcrowding (save for the periods of 14/10/2014 - 06/02/2015, 10/04 - 04/08/2015, 09/09/2015 - 04/03/2016), lack of privacy for toilet, no or restricted access to warm water, no or restricted access to potable water, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, lack of or insufficient natural light, unpleasant smell in the cell due to the manufacturing of shoes
3,000
79675/16
15/12/2016
Hassan Haidar
18/08/1982
Mărgărit Ionela
București
Bucharest Police Central Department, Rahova, Giurgiu, Jilava Penitentiaries
14/05/2014 to
15/06/2016
2 year(s) and 1 month(s) and 2 day(s)
1.6 - 2.7 m²
Overcrowding (save for the period of 14/10/2014 - 06/02/2015), lack of privacy for toilet, lack of or insufficient natural light, no or restricted access to potable water, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture
3,000
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy