FOURTH SECTION
CASE OF BISERICĂ AND OTHERS v. ROMANIA
(Application no. 31928/16 and 19 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 Biserică 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 objection 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 table appended below, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In applications nos. 43546/16, 44828/16, 48620/16 and 29241/17, 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, 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 in respect of the periods specified in the appended table;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]
31928/16
05/07/2016
Costică BISERICĂ
1981
Botoșani and Tulcea Prisons
04/12/2015 to
02/08/2016
7 month(s) and 30 day(s)
1.42-2.64 m²
overcrowding, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, poor quality of food
1,000
32006/16
25/07/2016
Csaba TUNYOGI
1977
Bucharest Police detention facility no. 15, Rahova, Oradea, Satu Mare, Bârcea Mare and Baia Mare Prisons, Dej Prison Hospital
06/06/2013 to
26/07/2016
3 year(s) and 1 month(s) and 21 day(s)
1.3-2.76 m²
overcrowding (save for 16/01/2014 -18/02/2014 and 29-30/01/2015), bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, no or restricted access to shower, mouldy or dirty cell
3,000
32007/16
30/06/2016
Dumitru-Octavian BĂRCILĂ
1975
Bucharest General Police Inspectorate, Bucharest Central Arrest, Jilava, Rahova, Tulcea, Giurgiu and Baia Mare Prisons, Jilava Prison Hospital
22/04/1996 to
24/05/2017
21 year(s) and 1 month(s) and 3 day(s)
1.05-2.55 m²
overcrowding (save for 21/01/2004-12/01/2012 and 03-10/02/2011), bunk beds, inadequate temperature, 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 poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to toilet, poor quality of potable water, no or restricted access to shower
5,000
37199/16
07/06/2016
Iulian-Costel BARDAȘU
1978
Mirela Grozavu
Bacău
Vaslui, Galaţi - Şendreni and Iaşi Prisons
17/02/2015 to
13/04/2016
1 year(s) and 1 month(s) and 28 day(s)
1.28-2.19 m²
overcrowding (save for 25/08/2015-18/03/2016), lack of fresh air, lack or inadequate furniture, no or restricted access to shower, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient natural light, bunk beds, lack of or insufficient physical exercise in fresh air, no or restricted access to potable water, no or restricted access to warm water
3,000
38271/16
27/06/2016
Ioan OLTEAN
1966
Vasile Rareș Biro
Satu Mare
Oradea, Gherla and Satu Mare Prisons, Dej Prison Hospital
11/06/2014 to
07/06/2016
1 year(s) and 11 month(s) and 28 day(s)
1.3-2.1 m²
overcrowding (save for 15/09/2014-3/10/2014 and 19-30/01/2015), bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of privacy for toilet, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower
3,000
43546/16
19/12/2016
Pavel BANI
1968
Vasile Rareş Biro
Satu Mare
Satu Mare Prison
21/07/2015 to
13/12/2016
1 year(s) and 4 month(s) and 23 day(s)
1.3-1.45 m²
overcrowding, bunk beds, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to warm water, constant electric light, lack of or insufficient natural light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of privacy for toilet
3,000
44106/16
18/08/2016
Iulian IVAN
1976
Irina Maria Peter
Bucharest
Bucharest Police detention facility no. 5, Jilava, Rahova and Tulcea (Chilia) Prisons
19/02/2013 to
28/06/2016
3 year(s) and 4 month(s) and 10 day(s)
1.39-2.27 m²
overcrowding (save for 28-31/10/2013), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to potable water, lack or insufficient quantity of food, poor quality of food, no or restricted access to shower, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, bunk beds
3,000
44757/16
20/09/2016
Horațiu MUNTEAN
1985
Timiș County Police Station, Arad and Timișoara Prisons
06/03/2015 to
19/12/2016
1 year(s) and 9 month(s) and 14 day(s)
2-2.33 m²
overcrowding (save for 01/04/2015-08/06/2015), lack of fresh air, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, no or restricted access to toilet, lack or insufficient quantity of food, poor quality of food, lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to potable water, lack of or inadequate hygienic facilities
3,000
44828/16
22/08/2016
Cosmin-Costel RADU
1989
Andreea-Gabriela Cadar
Galați
Galați Prison
08/07/2016 to
19/10/2016
3 month(s) and 12 day(s)
2 m²
overcrowding (save for 08/07/2016 - 10/08/2016), bunk beds, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, no or restricted access to toilet, infestation of cell with insects/rodents, no or restricted access to potable water
1,000
44885/16
25/08/2016
Adrian-Daniel VEREŞ
1988
Vasile Rareş Biro
Satu Mare
Bucharest Police detention facility no. 12, Bucharest Police detention facility no. 13, Rahova, Gherla, Baia-Mare and Arad Prisons
15/12/2010 to
15/03/2017
6 year(s) and 3 month(s) and 1 day(s)
1.70-2.45 m²
overcrowding (save for 04-06/02/2015 and for 25/09/2015-17/03/2016), inadequate temperature, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to shower, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell
5,000
47365/16
07/09/2016
Marius POPA
1988
Dâmbovița County Police Station, Mărgineni, Găești and Ploiești Prisons
30/04/2015 to
29/11/2016
1 year(s) and 7 month(s)
1.14-2.92 m²
overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, 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 running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water, lack or insufficient quantity of food, poor quality of food, lack of or restricted access to leisure or educational activities
3,000
48102/16
29/09/2016
Adrian-Ionuț LEULEȚ
1984
Maria Căliman
Brașov
Bacău County Police Station, Bacău, Iași and Codlea Prisons
20/08/2014 to
17/01/2017
2 year(s) and 4 month(s) and 29 day(s)
1.05-2.30 m²
overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack or inadequate furniture, lack of fresh air, mouldy or dirty cell, lack or insufficient quantity of food, poor quality of food, no or restricted access to warm water
3,000
48620/16
01/08/2016
Alexandru TOTH
1969
Răzvan Viorel Doseanu
Oradea
Satu Mare Prison and Dej Hospital Prison
22/05/2015 to
10/02/2016
8 month(s) and 20 day(s)
1.36-1.8 m²
overcrowding (save for Dej Prison Hospital and for 14-29/07/2015), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or restricted access to leisure or educational activities, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to warm water
1,000
65060/16
03/11/2016
Adrian-Iosif JAKÓ
1989
Vasile Rareş Biro
Satu Mare
Satu Mare County Police Station, Satu Mare and Oradea Prisons
17/12/2012 to
19/10/2016
3 year(s) and 10 month(s) and 3 day(s)
1.39-2.43 m²
overcrowding, bunk beds, constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to toilet
3,000
67003/16
07/11/2016
Florin-Cristian DUMITRACHE
1976
Rahova, Jilava and Găeşti Prisons
26/05/2016 to
12/04/2017
10 month(s) and 18 day(s)
1.78-2.94 m²
overcrowding (save for 15/12/2016-05/01/2017, 20/01/2017-12/04/2017, 05-19/01/2017), bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, no or restricted access to toilet, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, poor quality of food, no or restricted access to potable water, inadequate temperature, no or restricted access to warm water
1,000
22058/17
10/05/2017
Gavril BOITI
1978
Bistriţa and Gherla Prisons
11/03/2014 to
14/03/2017
3 year(s) and 4 day(s)
1.47-2.90 m²
overcrowding (save for 11-20/03/2014 and 08/03/2015-16/04/2015), bunk beds, lack or inadequate furniture, no or restricted access to shower, infestation of cell with insects/rodents, lack or insufficient quantity of food, poor quality of food, no or restricted access to warm water
3,000
23192/17
19/04/2017
Romică-Relu MIR
1973
Colibaşi, Rahova and Gherla Prisons
08/07/2010 to
09/01/2017
6 year(s) and 6 month(s) and 2 day(s)
1.32-2.83 m²
overcrowding (save for 17/11/2011-22/12/2011, 12/04/2013-27/06/2013 and 03-13/08/2015), bunk beds, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to toilet, lack of or insufficient physical exercise in fresh air, lack or insufficient quantity of food, poor quality of food, no or restricted access to warm water, lack of privacy for toilet
5,000
27836/17
03/04/2017
Mihai BOROS
1993
Vasile Rareş Biro
Satu Mare
Satu Mare County Police, Oradea, Arad and Satu Mare Prisons
02/07/2014 to
17/05/2017
2 year(s) and 10 month(s) and 16 day(s)
1.44-2.89 m²
overcrowding (save for 23/07/2015-10/12/2015), inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to toilet, constant electric light, no or restricted access to warm water
3,000
27837/17
03/04/2017
Ionuț Marcel BODAN
1987
Vasile Rareş Biro
Satu Mare
Satu Mare Prison
15/05/2015 to
08/02/2017
1 year(s) and 8 month(s) and 25 day(s)
1.3-1.40 m²
overcrowding, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack or insufficient quantity of food, poor quality of food, mouldy or dirty cell, no or restricted access to toilet, constant electric light, no or restricted access to warm water
3,000
29241/17
03/05/2017
Florian ENE
1967
Slobozia and Poarta Albă Prisons
18/12/2015 to
28/03/2017
1 year(s) and 3 month(s) and 11 day(s)
1.49-2.61 m²
overcrowding (save for 18/12/2015-29/08/2016), constant electric light, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, 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 toilet
3,000
[1] Plus any tax that may be chargeable to the applicants.