FOURTH SECTION
CASE OF CORNEL POPA AND OTHERS v. ROMANIA
(Application no. 6920/16 and 9 others -
see appended list)
JUDGMENT
STRASBOURG
6 June 2019
This judgment is final but it may be subject to editorial revision.
In the case of Cornel Popa and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,
Having deliberated in private on 16 May 2019,
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. Notice of the applications was given 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, 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 applications. 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 applications 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 6 June 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
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
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]
6920/16
28/01/2016
Cornel Popa
21/07/1978
Focșani and Mărgineni Prisons
23/04/2015 to 22/04/2016
1 year(s)
1.5-1.69 m²
overcrowding, lack of or inadequate hygienic facilities, insufficient number of sleeping places
1,000
10441/16
16/05/2016
Zoltan Kovacs
10/05/1991
Represented by
Vasile Rareș Biro,
Satu Mare
Oradea and Satu Mare Prisons
17/03/2015
pending
More than 4 year(s) and 23 day(s)
1.16-2 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, infestation of cell with insects/rodents
3,000
12937/16
21/03/2016
Vilică Duncă
20/09/1971
Dolj County Police,
Craiova, Rahova, and Giurgiu Prisons
14/02/2008
pending
More than 11 year(s) and 1 month(s) and 27 day(s)
1.37-2.21 m²
overcrowding (save for Dolj County Police), no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell, lack of or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water
5,000
15657/16
18/04/2016
Aurel Constantin
23/02/1966
Represented by
Irina Maria Peter,
Bucharest
Mărgineni Prison
13/02/2014
pending
More than 5 year(s) and 1 month(s) and 28 day(s)
1.69-2.37 m²
overcrowding, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air
5,000
20767/16
11/05/2016
Marian Georoceanu
07/07/1964
Craiova Prison
09/11/2007 to 12/06/2018
10 year(s) and 7 month(s) and 4 day(s)
0.93-2.16 m²
overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, infestation of cell with insects/rodents
5,000
20783/16
10/06/2016
Ciprian Stanciu
05/05/1989
Represented by
Ionela Mărgărit,
Bucharest
Galați Prison
27/03/2012 to 01/11/2016
4 year(s) and 7 month(s) and 6 day(s)
1.2-1.63 m²
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to running water, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
3,000
20927/16
05/05/2016
Cornel-Adrian Todoran
14/01/1986
Mureș County Police, Târgu Mureș,
Rahova, Gherla, and Aiud Prisons
24/02/2010
pending
More than 9 year(s) and 1 month(s) and 16 day(s)
1.82-2.6 m²
overcrowding (save for Mureș County Police), poor quality of food, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air
5,000
21581/16
23/05/2016
Mihăiţă Dinu
09/03/1971
Bucharest 12th Police Section, Buzău County Police, Rahova, Jilava, and Colibași Prison Hospitals, and Rahova, Slobozia, Giurgiu, Jilava, Târgu Jiu, Craiova, Focșani, and Găești Prisons
05/08/2011 to 26/09/2017
6 year(s) and 1 month(s) and 22 day(s)
1.3 - 2.79 m²
overcrowding (save for Rahova, Jilava, and Colibași Prison Hospitals), infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water, no or restricted access to running water, mouldy or dirty cell, lack of or inadequate furniture, insufficient number of sleeping places, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air
5,000
22087/16
14/07/2016
Hakan Yiğit
16/06/1972
Represented by
Constantina Roxana Yiğit,
Brezoi
Colibași Prison
21/01/2016
pending
More than 3 year(s) and 2 month(s) and 20 day(s)
2.01-2.81 m²
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents
3,000
22967/16
20/05/2016
Ion Ţarălungă
20/03/1970
Galați County Police, Târgu-Ocna Prison Hospital, and Galați, Rahova, and Brăila Prisons
21/06/2012
pending
More than 6 year(s) and 9 month(s) and 20 day(s)
1.2-2.75 m²
overcrowding (save for Târgu-Ocna Prison Hospital), mouldy or dirty cell, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate furniture, lack or inadequate recreational space, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of or insufficient natural light
5,000
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy