FOURTH SECTION
CASE OF BONESCU AND OTHERS v. ROMANIA
(Application no. 7757/17 and 9 others –
see appended list)
JUDGMENT
STRASBOURG
16 December 2021
This judgment is final but it may be subject to editorial revision.
In the case of Bonescu 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 November 2021,
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 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).
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 and the arguments raised by the parties, including the Government’s objections related to the non-exhaustion of domestic remedies, 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 below, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In applications nos. 7757/17, 7774/17 and 8622/17 the applicants also raised other complaints under Article 3 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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, and Polgar, both cited above), the Court considers it reasonable to award the sums indicated in the appended table.
15. 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 16 December 2021, 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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
7757/17
12/01/2017
Ion BONESCU
1965
Cezara-Maria Nichita-Costescu
Timişoara
Timișoara Prison
11/02/2016 to
04/04/2017
1 year(s) and 1 month(s) and 25 day(s)
2.09-2.25 m²
overcrowding, insufficient number of sleeping places, constant electric light, inadequate temperature, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food
3,000
7774/17
13/02/2017
Ilie-Anghel CALOMFIR
1971
Irina Maria Peter
Bucharest
Găești Prison
23/12/2015 to
21/12/2016
11 month(s) and 29 day(s)
2.26-2.91 m²
overcrowding (except for the periods 18/02/2016-17/03/2016, 31/07/2016-03/08/2016, 11/08/2016-21/12/2016), inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food
1,000
8622/17
15/02/2017
Viorel IORDAN
1970
Irina Maria Peter
Bucharest
Focșani and Jilava Prisons
29/09/2014 to
18/01/2017
2 year(s) and 3 month(s) and 21 day(s)
1.35-2.04 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, bunk beds, poor quality of food, no or restricted access to potable water, lack or inadequate furniture, no or restricted access to running water
3,000
8788/17
25/01/2017
Anton Gabriel CORUȚIU
1992
Nicoleta Iuga
Arad
Arad Police and Arad and Timișoara Prisons
05/09/2013 to
02/08/2016
2 year(s) and 10 month(s) and 29 day(s)
2.18-2.25 m²
overcrowding (except for the periods 05/09/2013-06/01/2014, 13/01/2014-20/02/2014 and 24/02/2014-25/06/2015), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, poor quality of food
3,000
10246/17
25/01/2017
Oliver COTFAS
1988
Claudia Nadina Daciana Cândea
Timişoara
Arad Police and Arad and Timișoara Prisons
16/09/2014 to
26/07/2016
1 year(s) and 10 month(s) and 11 day(s)
2-2.75 m²
overcrowding (except for the period 16/09/2014-10/10/2014), inadequate temperature, insufficient number of sleeping places, 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 physical exercise in fresh air, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, poor quality of food
3,000
12441/17
07/02/2017
Ciprian CRĂCIUN
1985
Claudia Nadina Daciana Cândea
Timişoara
Timișoara Prison
13/07/2016 to
21/12/2016
5 month(s) and 9 day(s)
2.25-2.75 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, constant electric light, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of toiletries, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, lack of or poor quality of bedding and bed linen, inadequate temperature, poor quality of food
1,000
12473/17
06/02/2017
Zsolt MONA
1980
Vasile Rareş Biro
Satu Mare
Satu Mare Prison
17/07/2015 to
29/03/2017
1 year(s) and 8 month(s) and 13 day(s)
1.3-1.81 m²
overcrowding, bunk beds, constant electric light, 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, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to warm water, poor quality of food
3,000
13209/17
08/02/2017
Riciard GAGIU
1980
Paraschiva Gagiu
Suceava
Suceava Police and Botoșani, Ploiești and Jilava Prisons
29/01/2014 to
23/11/2016
2 year(s) and 9 month(s) and 26 day(s)
1.69-1.9 m²
overcrowding (except for the periods 29/01/2014-04/02/2014 and 06/09/2016-13/09/2016), lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, bunk beds, no or restricted access to potable water, no or restricted access to warm water
3,000
23478/17
07/04/2017
Adrian-Stelian CĂLINA
1965
Dolj Police and Craiova and Tîrgu Jiu Prisons
13/05/2014 to
30/05/2017
3 year(s) and 18 day(s)
1.2-2.23 m²
overcrowding (except for the period 13/05/2014-14/05/2014), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of food, mouldy or dirty cell, lack of or insufficient quantity of food, lack of or restricted access to leisure or educational activities
3,000
30450/17
14/04/2017
Gheza NEGREA
1960
Vasile Rareş Biro
Satu Mare
Baia Mare Prison
20/02/2015 to
20/12/2016
1 year(s) and 10 month(s) and 1 day(s)
1.34-2.31 m²
overcrowding (except for the period 04/05/2016-20/12/2016), inadequate temperature, lack of fresh air, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, poor quality of food, mouldy or dirty cell, lack of or poor quality of bedding and bed linen
3,000
[1] Plus any tax that may be chargeable to the applicants.