FOURTH SECTION
CASE OF BOLDIJAR AND OTHERS v. ROMANIA
(Application no. 46831/14 and 15 others -
see appended list)
JUDGMENT
STRASBOURG
29 March 2018
This judgment is final but it may be subject to editorial revision.
In the case of Boldijar 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 8 March 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.”
A. Admissibility
7. In application no. 51850/15, the Government raised a preliminary objection of non-compliance with the six-month time-limit. They observed that, from 18 November 2014 to 25 May 2015, the applicant disposed of 5.04 sq. m of personal space, arguing that this period interrupted the continuity of his situation. For this reason, the Government further argued that the applicant’s complaint concerning his detention in Giurgiu Prison from 13 October 2014 to 25 May 2015 was lodged out of time. Consequently, the Government asked the Court to examine the applicant’s complaint regarding the inadequate conditions of his detention in Giurgiu and Jilava Prisons only as of 25 May 2015.
8. The Court notes that, even though the applicant disposed of more than 4 sq. m of personal space, other aspects of the physical conditions of detention remain relevant for the Court’s assessment of the adequacy of the applicant’s conditions of detention under Article 3 of the Convention (see, for example, Muršić v. Croatia [GC], no. 7334/13, § 140, ECHR 2016). In the applicant’s case, such aspects included, in particular, an infestation of the cell with insects, poor quality of bedding and bed linen, poor quality of food and a lack of adequate furniture. In this regard, the Court further notes that it is not convinced by the Government’s observations on the adequacy of the aforementioned aspects of the physical conditions of the applicant’s detention and finds that, overall, the conditions of the applicant’s detention in Giurgiu Prison remained inadequate. It follows that the Government’s preliminary objection must be rejected.
9. The Court therefore finds that the applications listed in the appended table are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.
B. Merits
10. 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, cited above, §§ 96‑101). 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 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.
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. Having regard to its case-law on the subject, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
13. These complaints therefore disclose a breach of Article 3 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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.”
15. 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.
16. 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 29 March 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
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]
46831/14
04/08/2014
Remus Boldijar
04/05/1975
Miercurea-Ciuc Prison
13/02/2014 to
20/02/2015
1 year(s) and 8 day(s)
Codlea Prison
20/02/2015
pending
More than 2 year(s) and 11 month(s) and 4 day(s)
0.87-2.04 m²
overcrowding, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents
lack of or inadequate hygienic facilities, poor quality of food, mouldy or dirty cell, lack of or restricted access to leisure or educational activities, lack of toiletries
3,000
541/15
28/01/2015
Remus-Nicușor Moldovan
10/03/1988
Bistrița Prison
30/05/2014 to
05/02/2015
8 month(s) and 7 day(s)
infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air
1,000
15555/15
09/05/2015
Vasile Meterez
17/10/1971
Represented by Peter Irina Maria
BUCHAREST
Ialomița County Police Arrest
26/02/2014 to
26/05/2014
3 month(s) and 1 day(s)
Poarta Albă Prison Hospital
05/05/2014 to
16/05/2014
12 day(s)
Slobozia Prison
26/05/2014 to
23/03/2015
9 month(s) and 26 day(s)
Rahova Prison
23/03/2015 to
02/07/2015
3 month(s) and 10 day(s)
Slobozia Prison
02/07/2015 to
19/05/2016
10 month(s) and 18 day(s)
3.80-7.60 m²
5.06-12.54 m²
2.1-2.32 m²
2.44-2.73 m²
1.97-2.2 m²
lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, passive smoking
lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food
overcrowding, insufficient number of sleeping places, passive smoking, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to shower, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or poor quality of bedding and bed linen
overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water, passive smoking, lack of or restricted access to leisure or
educational activities, mouldy or dirty cell
overcrowding, passive smoking, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of food, poor quality of potable water, lack of or inadequate hygienic facilities
3,000
27174/15
02/11/2015
23681/15
07/07/2015
Romeo Gabriel Ardelean
18/10/1979
Miercurea-Ciuc Prison
26/02/2014 to
06/09/2016
2 year(s) and 6 month(s) and 12 day(s)
0.87-2.14 m²
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food
3,000
34879/15
13/07/2015
Igor Podhraški
06/11/1970
Represented by Cornoiu Teodorian
CLUJ-NAPOCA
Cluj County Police Arrest
29/12/2014 to
27/01/2015
30 day(s)
Gherla Prison
27/01/2015 to
18/09/2015
7 month(s) and 23 day(s)
3.77 m²
2.07-2.43 m²
no or restricted access to toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, lack of fresh air
1,000
41903/15
09/09/2015
Robert Andreas Bedners
10/01/1990
Miercurea Ciuc Prison
26/02/2015 to
30/05/2017
2 year(s) and 3 month(s) and 5 day(s)
0.87-2.14 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities, 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
43383/15
15/09/2015
Ionuț Prața
28/07/1976
Colibași Prison
13/11/2014 to
08/08/2016
1 year(s) and 8 month(s) and 27 day(s)
1.88-1.96 m²
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient electric light, lack of or insufficient natural light, inadequate temperature
3,000
46074/15
15/10/2015
Grigore Bîrzava
01/12/1985
Bucharest General Police Arrest
06/06/2013 to
04/07/2013
29 day(s)
Craiova Prison
04/07/2013 to
12/11/2014
1 year(s) and 4 month(s) and 9 day(s)
Drobeta Turnu Severin Prison
12/11/2014 to
15/12/2014
1 month(s) and 4 day(s)
Târgu-Jiu Prison
15/12/2014 to
28/07/2016
1 year(s) 7 month(s) and 14 day(s)
2.33 m²
1.21-1.7 m²
1.85 m²
1.91-1.97 m²
overcrowding, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or inadequate hygienic facilities, no or restricted access to shower
overcrowding, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, inadequate temperature, lack of or insufficient natural light, lack of fresh air, no or restricted access to shower, lack of or restricted access to leisure or educational activities, poor quality of potable water
overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air
overcrowding, poor quality of food, poor quality of potable water, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air
3,000
46887/15
19/10/2015
Grigore-Alin Gornoavă
01/12/1981
Gorj County Police Arrest
06/03/2013 to
28/08/2013
5 month(s) and 23 day(s)
Craiova Prison
29/08/2013 to
22/02/2016
2 year(s) and 5 month(s) and 25 day(s)
Târgu-Jiu Prison
22/02/2016
pending
More than 1 year(s) and 11 month(s) and 5 day(s)
4 m²
1.08-1.48 m²
1.48-2.04 m²
lack of or inadequate hygienic facilities, no or restricted access to toilet, inadequate temperature, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food
overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to shower, constant electric light, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of food, infestation of cell with insects/rodents
3,000
33600/16
30/05/2016
50118/15
06/11/2015
Marius-Alexandru Durlea
11/05/1989
Teleorman County Police Arrest
23/01/2014 to
05/02/2014
14 day(s)
Giurgiu Prison
05/02/2014 to
30/06/2015
1 year(s) and 4 month(s) and 26 day(s)
Jilava Prison
30/06/2015
pending
More than 2 year(s) and 6 month(s) and 27 day(s)
3 m²
3.39 m²
1.47-2.7 m²
lack of privacy for toilet, no or restricted access to shower
insufficient sanitary facilities, inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture, lack of or poor quality of bedding and bed linen
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, poor quality of potable water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen
3,000
51850/15
06/11/2015
Sandu Curt
24/08/1978
Represented by
Peter Irina Maria
BUCHAREST
Giurgiu Prison
13/10/2014 to
05/10/2015
11 month(s) and 23 day(s)
Jilava Prison
05/10/2015 to
15/09/2016
11 month(s) and 11 day(s)
3.39-9.2 m²
1.13-1.98 m²
poor quality of food, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents
overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture
3,000
52333/15
10/11/2015
Costel Păun
01/07/1974
Represented by Peter Irina Maria
BUCHAREST
Bucharest Police Section no. 6 Arrest
13/01/2010 to
02/03/2010
1 month(s) and 18 day(s)
Rahova Prison
01/03/2010 to
25/05/2011
1 year(s) and 2 month(s) and 25 day(s)
Giurgiu Prison
21/05/2011 to
24/01/2013
1 year(s) and 8 month(s) and 4 day(s)
Jilava Prison
26/01/2013 to
14/01/2016
2 year(s) and 11 month(s) and 20 day(s)
2.37 m²
1.95-2.44 m²
3.39-3.88 m²
1.44-1.72 m²
overcrowding, lack of privacy for toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water
overcrowding, insufficient number of sleeping places, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack or inadequate furniture
lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water
overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack or inadequate furniture
5,000
61992/15
08/01/2016
Claudiu-Florian Isac
31/01/1982
Jilava and Ploiești prisons
29/04/2015 to
27/05/2016
1 year(s) and 29 day(s)
1.57-2.52 m²
overcrowding, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities
3,000
2763/16
24/12/2015
Florin Șumăndan
16/08/1976
Represented by
Șumăndan Petru
VLADIMIRESCU
Arad Prison
11/06/2015 to
07/01/2016
6 month(s) and 28 day(s)
3.48-8.70 m²
poor quality of food, infestation of cell with insects/rodents
1,000
[1] Plus any tax that may be chargeable to the applicants.
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