FOURTH SECTION
CASE OF BANU AND OTHERS v. ROMANIA
(Applications nos. 1262/16 and 10 others ‑ see appended list)
JUDGMENT
STRASBOURG
20 September 2018
This judgment is final but it may be subject to editorial revision.
In the case of Banu 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 30 August 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.
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 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 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.
9. Having examined all the material submitted to it, as well as the Government’s objection concerning the continuous situation of the applicants’ condition of detention in some of the 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, 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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.”
12. 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.
13. 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 applications admissible;
3. Holds that these applications 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 20 September 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’s name
Date 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]
1262/16
18/12/2015
Dragoş Cosmin Banu
16/03/1984
Bucharest 15th Police Section and Penitentiaries of Rahova, Mărgineni, Oradea and Aiud
23/04/2014 to
14/07/2016
2 year(s) and 2 month(s) and 22 day(s)
1.37-2.88 m²
Overcrowding (save for the periods from 23/04/2014 to 27/05/2014, 29/08/2014 to 15/09/2014 and 09/12/2014 to 14/07/2016), no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air.
3,000
1415/16
08/03/2016
Cristian Duțu
11/06/1983
Bucharest Central Arrest Facilities, Bucharest 8th Police Section, Jilava Penitentiary Hospital and Penitentiaries of Jilava, Rahova, Giurgiu, Mărgineni, Bacău, Iași, Slobozia, Timișoara and Găești
29/10/2002 to
12/07/2016
13 year(s) and 8 month(s) and 14 day(s)
1.19-2.76 m²
Overcrowding (save for the periods from 28/02/2007 to 02/03/2007, 27/07/2010 to 02/08/2010, 18/02/2012 to 10/07/2012 and 14/10/2015 to 12/07/2016), lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient physical exercise in fresh air.
5,000
5545/16
15/04/2016
Ion Ilie
20/09/1974
Bacău Police Inspectorate, Jilava Penitentiary Hospital and Penitentiaries of Bacău, Jilava, Rahova, Giurgiu and Colibași
06/02/2008 to
03/05/2017
9 year(s) and 2 month(s) and 28 day(s)
1.06-2.80 m²
Overcrowding (save for the periods from 24/06/2009 to 02/07/2009, 17/02/2012 to 24/02/2012, 05/04/2012 to 08/04/2013, 01/10/2015 to 11/10/2015 and 20/10/2016 to 12/12/2016), no or restricted access to toilet, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, no or restricted access to potable water, inadequate temperature, lack of or insufficient physical exercise in fresh air.
5,000
9617/16
05/04/2016
Dumitru Ungureanu
08/07/1984
Botoșani Police Inspectorate
08/05/2005 to
02/06/2005
and
07/07/2005 to
04/08/2005
1 month(s) and 25 day(s)
Jilava Penitentiary Hospital
and Penitentiaries of Botoșani, Jilava, Iași and Tulcea
02/06/2005 to 07/07/2005
and
09/08/2005
pending
More than 12 year(s) and 11 month(s) and 4 day(s)
1.5 m²
1.28-2.91 m²
Overcrowding, 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, no or restricted access to toilet;
Overcrowding (save for the periods from 16/04/2014 to 18/04/2014, 20/01/2016 to 29/01/2016 and 15/04/2016 to 26/04/2016), bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to toilet, lack of storing facilities, poor quality of food, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air.
5,000
10344/16
11/05/2016
Dumitru-Robertino Boacă
10/09/1975
Rahova Penitentiary
06/01/2009 to
07/08/2017
8 year(s) and 7 month(s) and 2 day(s)
1.63-2.79 m²
Overcrowding (save for the periods from 21/11/2012 to 05/03/2013, 13/08/2013 to 21/11/2013 and 16/01/2017 to 07/08/2017), mouldy or dirty cell, inadequate temperature, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, poor quality of food.
5,000
11194/16
05/04/2016
Bogdan Fulger
04/05/1972
Ana Fulger
Bucharest
Rahova Penitentiary
07/12/2015
pending
More than 2 year(s) and 6 month(s) and 1 day(s)
1.93-2.45 m²
Overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities.
3,000
13019/16
28/03/2016
Costel-Valentin Mînzu
26/11/1985
Penitentiaries of Jilava, Giurgiu, Colibași, Mărgineni and Gherla
11/06/2008 to
23/06/2017
9 year(s) and 13 day(s)
1.26-2.83 m²
Overcrowding (save for the periods from 04/11/2008 to 23/12/2008, 19/02/2012 to 21/06/2012, 05/08/2013 to 22/08/2013, 13/08/2015 to 01/10/2015, 13/01/2016, 01/02/2016 to 18/02/2016, 13/06/2016 to 13/09/2016 and 19/09/2016 to 23/06/2017), lack of or inadequate hygienic facilities, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, lack of or insufficient natural light, lack of fresh air, no or restricted access to warm water, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air.
5,000
15238/16
11/04/2016
Petre Butoi
15/06/1972
Mărgineni Penitentiary
19/07/2011 to
31/10/2013
2 year(s) and 3 month(s) and 13 day(s)
Miercurea Ciuc Penitentiary
31/10/2013 to
03/11/2015
2 year(s) and 4 day(s)
1.46-1.65 m²
1.47-1.80 m²
Overcrowding, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, no or restricted access to warm water, lack of dining and storing facilities, lack of or poor quality of bedding and bed linen.
Overcrowding, poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, lack of dining and storing facilities, lack of or insufficient physical exercise in fresh air.
3,000
17434/16
05/08/2016
Florin-Laurențiu Odică
24/07/1977
Irina Maria Peter
Bucharest
Penitentiaries of Poarta Albă and Slobozia
30/12/2014
pending
More than 3 year(s) and 5 month(s) and 7 day(s)
1.42-2.40 m²
Overcrowding (save for the periods from 30/12/2014 to 15/07/2015, 07/08/2015 to 05/10/2015, 04/02/2016 to 11/02/2016, 01/04/2016 to 04/04/2016, 11/08/2016 to 12/08/2016 and 09/01/2017 to 11/01/2017), bunk beds, no or restricted access to warm water, infestation of cell with insects/rodents, lack of storing facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air.
3,000
17860/16
12/10/2016
Iulian Costea
08/04/1975
Galați Penitentiary
11/03/2013
pending
More than 5 year(s) and 2 month(s) and 26 day(s)
1.20-2.25 m²
Overcrowding (save for the periods from 03/11/2014 to 07/11/2014 and 18/05/2016 to 10/01/2017), bunk beds, lack of or inadequate hygienic facilities, lack of storing facilities, lack of or insufficient natural light, inadequate temperature, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air.
5,000
18011/16
09/08/2016
Ioan-Vasile Pascu
02/10/1980
Cluj Police Inspectorate, Colibași and Dej Penitentiary Hospitals and
Penitentiaries of Gherla and Baia Mare
04/09/2000
pending
More than 17 year(s) and 9 month(s) and 1 day(s)
1.63-2.81 m²
Overcrowding (save for the periods from 22/05/2007 to 10/11/2008, 23/09/2011 to 14/11/2012 and 27/08/2014 to 03/09/2014), infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, lack of storing facilities, lack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, lack of or inadequate hygienic facilities, bunk beds, inadequate temperature.
5,000
[1]. Plus any tax that may be chargeable to the applicants.
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