FOURTH SECTION
CASE OF BOCA AND OTHERS v. ROMANIA
(Application no. 38482/16 and 12 others –
see appended list)
JUDGMENT
STRASBOURG
15 September 2022
This judgment is final but it may be subject to editorial revision.
In the case of Boca 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 25 August 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. In applications nos. 38482/16, 80605/17, 15709/18, 16562/18, 46084/18, 6745/19, 11539/19, 25456/19, 33270/19 and 37140/19, the Government raised a preliminary objection concerning loss of victim status by 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 applications nos. 38482/16, 80605/17, 15709/18, 16562/18, 46084/18, 6745/19, 11539/19, 25456/19, 33270/19 and 37140/19 are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible 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, §§ 122‑41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 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, 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 appended table, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 38482/16, 80605/17, 15709/18, 16562/18, 46084/18, 11539/19, 25456/19 and 33270/19, the applicants also raised other complaints under Article 3 of the Convention.
15. 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 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 for the periods 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 15 September 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 by national authorities
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
38482/16
22/06/2016
Valentin-Sorin BOCA
1985
Nichita-Costescu Cezara-Maria
Timișoara
Arad Prison
12/11/2015 to
21/01/2016
2 month(s) and 10 day(s)
Arad Prison
11/02/2016 to
06/10/2016
7 month(s) and 26 day(s)
Arad Prison
18/04/2017 to
13/07/2017
2 month(s) and 26 day(s)
Arad Prison
31/07/2017 to
12/02/2018
6 month(s) and 13 day(s)
Arad Prison
19/03/2018 to
16/04/2018
29 day(s)
2.40 m²
overcrowding, no or restricted access to warm water, lack of toiletries, infestation of cell with insects/rodents, poor quality of food
90 days in compensation for a total period of 470 days spent in detention in inadequate conditions from 26/09/2015 to 18/01/2019 in Timișoara and Constanța - Poarta Albă Prisons, except for days spent in transit rooms
3,000
15014/17
16/02/2017
Silviu-Constantin AȘTEFĂNOAIE
1989
Mărgineni Prison
10/11/2010 to
23/07/2012
1 year(s) and 8 month(s) and 14 day(s)
1.36 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, bunk beds
3,000
80605/17
23/01/2018
George-Valentin OANCEA
1979
Mioveni (Colibași) Prison
11/11/2010 to
24/07/2012
1 year(s) and 8 month(s) and 14 day(s)
1.44 - 2.42 m²
overcrowding, insufficient number of sleeping places, lack or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents
462 days in compensation for a total period of 2,329 days spent in detention in inadequate conditions from 24/07/2012 to 08/12/2018
3,000
81283/17
23/11/2017
Angelo Marius DUMITREAN
1987
Iuga Nicoleta
Arad
Arad County Police Station; Arad, Timișoara and Deva (Bârcea Mare) Prisons
13/08/2005 to
24/02/2017
11 year(s) and 6 month(s) and 12 day(s)
Focșani Prison
03/03/2017 to
24/05/2017
2 month(s) and 22 day(s)
1.84 - 2.90 m²
overcrowding
(save for the periods
08/11/2005 - 28/11/2005, 31/07/2006 - 03/08/2006, 31/10/2006 - 31/01/2008, 17/09/2008 - 24/11/2010, 05/08/2011 - 09/03/2012, 16/03/2012 - 04/09/2014 and 02/11/2015 - 26/10/2016), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, no or restricted access to warm water
5,000
15709/18
19/06/2018
Eugen GUNEA
1987
Dej Prison Hospital
25/02/2014 to
13/03/2014
17 day(s)
Codlea Prison
16/09/2017 to
25/10/2017
1 month(s) and 10 day(s)
Codlea Prison
25/11/2019 to
25/03/2020
4 month(s) and 1 day(s)
2.16 - 2.96 m²
overcrowding (save for the period 25/11/2019 - 28/11/2019), lack or inadequate furniture, poor quality of food, no or restricted access to warm water, infestation of cell with insects/rodents
456 days in compensation for a total period of 2,281 days spent in detention in inadequate conditions from 25/06/2013 to 22/12/2019 in Codlea and Miercurea Ciuc Prisons, except for the days spent in infirmary and the periods indicated in column no. 5
1,000
16562/18
23/05/2018
Bujor BANCIU
1987
Bistrița Prison
23/12/2019 to
23/09/2020
9 month(s) and 1 day(s)
Bistrița Prison
02/10/2020 to
10/02/2021
4 month(s) and 9 day(s)
1.16 m²
overcrowding, poor quality of food, lack of privacy for toilet
204 days in compensation for a total period of 1,039 days spent in detention in inadequate conditions from 21/07/2016 to 22/12/2019, including all the periods spent in Sălaj County Police Station, Oradea, Gherla and Bistrița Prisons, except for the days spent in transit rooms
3,000
46084/18
15/11/2018
Ion ȚÎNȚAȘ
1968
Gherla and
Bucharest - Rahova Prisons
10/11/2009 to
24/07/2012
2 year(s) and 8 month(s) and 15 day(s)
1.31 - 2.67 m²
overcrowding (save for the period 14/02/2012 - 15/03/2012), lack of or insufficient natural light, bunk beds, lack or inadequate furniture, lack of fresh air
480 days in compensation for a total period of 2,416 days spent in detention in inadequate conditions from 24/07/2012 to 19/06/2019, including all the periods spent in the detention facilities he complained of
3,000
6745/19
14/01/2019
Lavinia NEAGOE
1980
Bucharest - Rahova and Bucharest - Jilava Prison Hospitals
Seven periods from 23/08/2016 to 20/11/2017 for a total of 4 month(s) and 11 day(s)
no or restricted access to potable water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of privacy for toilet, mouldy or dirty cell
318 days in compensation for a total period of 1,569 days spent in detention in inadequate conditions from 11/01/2014 to 18/07/2018, including all the periods spent in Ploiești - Târgșorul Nou Prison, except for the periods mentioned in column no. 5
1,000
11539/19
18/02/2019
Marian BACIU
1961
Mioveni Prison
30/09/2010 to
24/07/2012
1 year(s) and 9 month(s) and 25 day(s)
1.71 - 2.13 m²
overcrowding, no or restricted access to shower, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food
444 days in compensation for a total period of 2,230 days spent in detention in inadequate conditions from 24/07/2012 to 18/09/2018, including all the periods spent in Mioveni and Târgu Jiu Prisons
3,000
25456/19
05/08/2019
Dinu-Olimpiu CRACANĂ
1977
Baia Mare Prison
23/12/2019 to
12/05/2020
4 month(s) and 20 day(s)
2.57 - 2.77 m²
overcrowding, lack of or insufficient natural light, lack or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of food
114 days in compensation for a total period of 576 days spent in detention in inadequate conditions from 03/05/2018 to 22/12/2019 in Gherla and Baia Mare Prisons, except for the days spent in infirmary and transit rooms
1,000
26700/19
24/07/2019
Cosmin PANCU
1979
Arad Prison
14/06/2018 to
22/10/2021
3 year(s) and 4 month(s) and 9 day(s)
-
inadequate temperature, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food, lack of or inadequate hygienic facilities
3,000
33270/19
12/08/2019
Gheorghe SAVA
1969
Baia Mare Prison
23/12/2019 to
18/02/2020
1 month(s) and 27 day(s)
2.07 m²
overcrowding
144 days in compensation for a total period of 725 days spent in detention in inadequate conditions from 20/11/2017 to 22/12/2019, including all the periods spent in Bucharest - Rahova, Gherla and Baia Mare Prisons, except for days spent in transit rooms
1,000
37140/19
31/07/2019
Marin POSTOLACHE
1982
Craiova - Pelendava Prison
27/01/2020 to
28/04/2020
3 month(s) and 2 day(s)
-
lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to shower, infestation of cell with insects/rodents, poor quality of food
216 days in compensation for a total period of 1,084 days spent in detention in inadequate conditions from 07/12/2016 to 22/12/2019, including all the periods spent in Craiova and Craiova - Pelendava Prisons
1,000
[1] Plus any tax that may be chargeable to the applicants.