FOURTH SECTION
CASE OF BĂLUI AND OTHERS v. ROMANIA
(Applications nos. 5077/15 and 19 others – see appended list)
JUDGMENT
STRASBOURG
5 May 2022
This judgment is final but it may be subject to editorial revision.
In the case of Bălui 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 7 April 2022,
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 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 Government raised a preliminary objection concerning loss of victim status by some of the applicants for the periods of detention specified in the appended table because they were afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for those specific periods of detention.
8. The Court notes that the domestic remedy introduced in respect of inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020). This remedy was available to the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
9. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
10. Turning to the remaining periods of the applicants’ detention as specified in the appended table, 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).
11. In the leading 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.
12. 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 in some cases, 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, as described in the table appended bellow, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 5077/15, 9635/15, 8785/16, 18189/16, 23665/16, 24590/16, 27283/16, 28169/16, 28518/16, 36266/16, 36584/16, 43704/16, 52022/16, 61416/16 and 54392/17 the applicants also raised other complaints under Article 3 of the Convention.
15. The Court has examined these applications 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 CONVENTION16. 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.”
17. 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.
18. 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, for the periods 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, as specified in the appended table below;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 5 May 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
Domestic compensation awarded (in days) based on total period calculated domestically
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
5077/15
23/05/2015
Marian BĂLUI
1979
Mărgineni Prison
24/07/2019 to
11/10/2019
2 month(s) and 18 day(s)
Mioveni and Mărgineni Prisons
12/11/2019 to
30/06/2020
7 month(s) and 19 day(s)
0.8-1.3 m²
overcrowding, poor quality of food, lack of or insufficient natural light
444 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 05/12/2019, save for the periods mentioned in Column no. 5 and other short periods of time spent in detention facilities about which he did not complain
1,000
9635/15
10/03/2015
Ioan SIMA
1955
Gherla Prison
13/07/2012 to
23/07/2012
11 day(s)
Gherla Prison and Dej Prison Hospital
27/09/2012 to
04/10/2013
1 year(s) and 8 day(s)
Gherla Prison and Dej Prison Hospital
05/12/2013 to
06/02/2014
2 month(s) and 2 day(s)
Gherla Prison and Dej Prison Hospital
19/02/2014 to
09/02/2018
3 year(s) and 11 month(s) and 22 day(s)
Arad and Gherla Prisons
08/03/2018 to
02/04/2018
26 day(s)
Arad and Gherla Prisons
10/05/2018 to
27/08/2018
3 month(s) and 18 day(s)
Arad Prison
15/10/2018 to
29/10/2018
15 day(s)
Arad and Gherla Prisons
12/11/2018 to
23/01/2019
2 month(s) and 12 day(s)
Arad Prison
11/02/2019 to
26/08/2019
6 month(s) and 16 day(s)
Arad and Gherla Prisons
12/09/2019 to
27/07/2021
1 year(s) and 10 month(s) and 16 day(s)
1.33-2.42 m²
overcrowding (save for certain periods), poor quality of food, infestation of cell with insects/rodents
60 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 19/02/2014 and from 20/02/2018 to 12/09/2019, save for the periods mentioned in Column no. 5
5,000
8785/16
18/03/2016
Laurențiu-Dumitru ANGHEL
1983
Rahova, Mărgineni, Aiud and Giurgiu Prisons
13/02/2019
pending
More than 3 year(s) and 3 day(s)
2.2-3 m²
overcrowding (save for certain periods), infestation of cell with insects/rodents, no or restricted access to toilet
444 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 12/02/2019
3,000
11428/16
22/03/2016
Florian CIURAR
1972
Vasile Rareş Biro
Satu Mare
Bihor Police
09/01/2013 to
03/02/2013
26 day(s)
3.57-4.76 m²
overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack or inadequate furniture, lack of fresh air
342 days in compensation for a total period of detention spent in inadequate conditions from 04/02/2013 to 07/11/2017
1,000
15656/16
25/04/2016
Marian COSTACHE
1969
Irina Maria Peter
Bucharest
Argeș County Police, Jilava and Rahova Prison Hospitals and Arad, Colibași, Craiova, Giurgiu, Jilava, Rahova and Turnu Severin Prisons
11/11/2002 to
23/07/2012
9 year(s) and 8 month(s) and 13 day(s)
1.1-2.81 m²
overcrowding, poor quality of food, infestation of cell with insects/rodents
348 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 29/01/2018
5,000
18185/16
16/05/2016
Petrică-Valentin DASCĂLU
1968
Irina Maria Peter
Bucharest
Focșani Police, Jilava and Rahova Prison Hospitals and Aiud, Focșani, Galați and Jilava Prisons
18/10/2004 to
23/07/2012
7 year(s) and 9 month(s) and 6 day(s)
0.8-2.5 m²
overcrowding, insufficient number of sleeping places, mouldy or dirty cell, inadequate temperature
510 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 26/07/2019
5,000
18189/16
15/11/2016
Marius BOGDAN
1971
Irina Maria Peter
Bucharest
Dej and Colibași Prison Hospitals and Aiud, Arad, Bistrița, Craiova, Deva and Rahova Prisons
30/06/1994 to
22/06/2016
21 year(s) and 11 month(s) and 24 day(s)
Aiud and Deva Prisons
04/07/2016 to
16/03/2017
8 month(s) and 13 day(s)
Deva Prison
19/04/2017 to
27/04/2017
9 day(s)
1.29-2.87 m²
overcrowding (save for specific periods), no or restricted access to toilet, no or restricted access to shower, lack of or insufficient physical exercise in fresh air
5,000
23665/16
11/05/2016
Ion OPREA
1960
Craiova Prison
25/11/2010 to
23/07/2012
1 year(s) and 7 month(s) and 29 day(s)
2.05-2.06 m²
overcrowding (save for 30/11-05/12/2010), infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities
336 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 27/09/2018, except for periods of time spent in detention facilities he did not complain about
3,000
23762/16
31/05/2016
Mirel POTOCEANU
1978
Irina Maria Peter
Bucharest
Focșani Prison
24/12/2019 to
04/02/2020
1 month(s) and 12 day(s)
Focșani Prison
26/05/2020
pending
More than 1 year(s) and 8 month(s) and 13 day(s)
2.08-2.5 m²
overcrowding, bunk beds, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities
240 days in compensation for a total period of detention spent in inadequate conditions from 18/09/2015 to 23/12/2019, except for periods of time spent in detention facilities he did not complain about
3,000
24590/16
01/08/2016
Cătălin IFRIM
1981
Aiud, Botoșani, Iasi, Jilava and Rahova Prisons
02/11/2000 to
23/07/2012
11 year(s) and 8 month(s) and 22 day(s)
0.8-1.9 m²
overcrowding, insects, inadequate sanitary facilities, insufficient and poor quality of food, dirty and mouldy cells
408 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019, except for periods of time spent in detention facilities he did not complain about or short periods of time while in transit
5,000
27283/16
13/06/2016
Constantin-Georgel PREDA
1979
Codlea Prison
04/03/2021
pending
More than 1 year(s) and 14 day(s)
2-2.2 m²
overcrowding, insufficient natural light and fresh air, lack of furniture, quality of food
438 days in compensation for a total period of detention spent in inadequate conditions from 19/08/2013 to 22/12/2019, except for short periods of time spent in prison hospitals or in transit
3,000
28169/16
12/07/2016
Augustin-Florin DEAC
1990
Gherla Prison
23/12/2019 to
26/02/2021
1 year(s) and 2 month(s) and 4 day(s)
2.22-2.72 m²
overcrowding, inadequate sanitary facilities, poor quality of food/bedding
342 days in compensation for a total period of detention spent in inadequate conditions from 07/01/2015 to 23/12/2019, except for short periods of time spent in transit or in facilities where he received medical care
3,000
28518/16
05/07/2016
Florin-Iulian PĂTRAȘC
1976
Codlea Prison
02/03/2010 to
23/07/2012
2 year(s) and 4 month(s) and 22 day(s)
Codlea Prison
10/03/2020 to
11/06/2020
3 month(s) and 2 day(s)
1.10-1.97 m²
overcrowding, poor quality of food, restricted access to warm water, inadequate sanitary facilities
528 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019, except for short periods of time spent in transit or in prison hospitals
3,000
36266/16
14/07/2016
George-Claudiu GEORGESCU-IONACHE
1985
Irina Maria Peter
Bucharest
Giurgiu and Rahova Prisons
21/11/2007 to
23/07/2012
4 year(s) and 8 month(s) and 3 day(s)
Giurgiu Prison
24/12/2019
pending
More than 2 year(s) and 1 month(s) and 16 day(s)
2-2.5 m²
overcrowding, insufficient sanitary facilities, lack of fresh air, lack of natural light
534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019
5,000
36584/16
14/07/2016
Florin CALIMENT
1983
Codlea Prison
24/12/2019
pending
More than 2 year(s) and 1 month(s) and 16 day(s)
2.52 m²
overcrowding, lack of fresh air and natural light, poor quality of food, insects
294 days in compensation for a total period of detention spent in inadequate conditions from 09/11/2015 to 23/12/2019
3,000
43704/16
21/07/2016
Săndică PINTILIE
1983
Ionela Mărgărit
Bucharest
Brăila Prison
24/12/2019 to
21/01/2020
29 day(s)
2.52 m²
overcrowding, poor quality of food/water/bedding, insects, dirty and mouldy cell
534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 23/12/2019
1,000
52022/16
28/09/2016
Marius-Cosmin ANDRONACHE
1987
Mărgineni and Galați Prisons
24/12/2019 to
06/10/2020
9 month(s) and 13 day(s)
Galați Prison
22/10/2020
pending
More than 1 year(s) and 4 month(s) and 21 day(s)
2-2.25 m²
overcrowding (save for 28/01/2020-03/03/2020), no or restricted access to shower, lack of or poor quality of bedding and bed linen
246 days in compensation for a total period of detention spent in inadequate conditions from 27/04/2016 to 23/12/2019
3,000
61416/16
28/11/2016
Cornel-Marius SFECLĂ
1982
Giugiu Prison
03/11/2010 to
23/07/2012
1 year(s) and 8 month(s) and 21 day(s)
2.80-2.87 m²
overcrowding, infestation of cell with insects/rodents, lack of or insufficient natural light, poor quality of food
438 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 12/04/2018 and from 14/08/2019 to 23/12/2019
3,000
24156/17
20/03/2017
Isus-Gheorghe GHIULAI
1992
Ioan Cătălin Daniel Trif
Satu Mare
Maramureş County Police
04/07/2014 to
23/07/2014
20 day(s)
Arad Prison
26/09/2015 to
10/12/2015
2 month(s) and 15 day(s)
infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient quantity of food
210 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2014 to 25/09/2015 and from 11/12/2015 to 19/10/2017
1,000
54392/17
21/07/2017
Aurel NĂSTASE
1976
Andreea-Gabriela Cadar
Galați
Brăila, Galaţi, Gherla, Iași, Slobozia and Poarta Albă Prisons
19/04/2010 to
23/07/2012
2 year(s) and 3 month(s) and 5 day(s)
1.2-2.33 m²
overcrowding, bunk beds, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities
384 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 15/11/2017
3,000
[1] Plus any tax that may be chargeable to the applicants.