FOURTH SECTION
CASE OF CRISTIAN-CONSTANTIN POP AND OTHERS v. ROMANIA
(Application no. 32009/16 and 16 others –
see appended list)
JUDGMENT
STRASBOURG
13 January 2022
This judgment is final but it may be subject to editorial revision.
In the case of Cristian-Constantin Pop 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 9 December 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 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 has 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 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. 32009/16, 45155/16, 45189/16, 67614/17, 68678/16, 65248/17 and 69924/17 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 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 13 January 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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)
[1]
32009/16
12/07/2016
Cristian-Constantin POP
1983
Iaşi Prison
09/11/2010 to
23/07/2012
1 year(s) and 8 month(s) and 15 day(s)
1.26-2.19 m²
overcrowding, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, bunk beds
3,000
38889/16
25/07/2016
Ioan SAVU
1978
Sibiu County Police, Aiud, Bârcea-Mare and Drobeta Turnu Severin Prisons
14/07/2010 to
20/09/2016
6 year(s) and 2 month(s) and 7 day(s)
1.16-2.60 m²
Overcrowding (save for the periods between 16 - 30/08/2010 and 27/06/2012 - 28/01/2013), bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, lack of toiletries, lack of or insufficient natural light, lack or inadequate furniture, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or insufficient electric light, poor quality of food, no or insufficient disinfection of barbering and haircutting tools, lack of privacy for toilet, no or restricted access to shower, poor quality of potable water, no or restricted access to running water, lack of fresh air
5,000
42872/16
01/09/2016
Augustin-George BUCIU
1993
Timişoara Prison
04/03/2015 to
27/09/2016
1 year(s) and 6 month(s) and 24 day(s)
2.00 -2.75 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack or inadequate furniture, lack of toiletries, mouldy or dirty cell
3,000
44485/16
08/07/2016
Ioan DELEANU
1973
Brăila County Police and Galaţi County Police, Codlea, Bistriţa, Brăila, Târgu Mureş, Mărgineni, Timişoara and Jilava Prisons, Dej Prison Hospital
05/02/2013 to
09/02/2016
3 year(s) and 5 day(s)
1.16-2,93 m²
Overcrowding (save for the periods between 22/03/2013-05/04/2013, 29/10/2013 - 07/11/2013; 16/10/2014-06/01/2015; 18/04/2013-14/11/2013; 27/06/2013 - 08/07/2013, 24/10/2014-15/12/2014 and 09/01/2015 - 24/08/2015), lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, bunk beds, lack or inadequate furniture, constant electric light
3,000
45155/16
26/07/2016
Gheorghe MUNTEANU
1984
Ionela Mărgărit
Bucharest
Brăila Prison
26/01/2016 to
09/02/2017
1 year(s) and 15 day(s)
Brăila Prison
21/02/2017 to
23/05/2017
3 month(s) and 3 day(s)
1.66-2.00 m²
overcrowding, bunk beds, lack of fresh air, mouldy or dirty cell, lack of privacy for toilet, 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, no or restricted access to potable water, no or restricted access to running water, no or restricted access to warm water, lack of or insufficient natural light, inadequate temperature, lack of or insufficient electric light, no or restricted access to shower, poor quality of food, lack of or insufficient quantity of food
3,000
45189/16
05/10/2016
Paul SURDU
1979
Giurgiu Prison
16/04/2015 to
11/03/2017
1 year(s) and 10 month(s) and 24 day(s)
2.82-2.84 m²
overcrowding, insufficient number of sleeping places, bunk beds, lack of fresh air, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient quantity of food, no or restricted access to running water, no or restricted access to warm water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air
3,000
45915/16
27/07/2016
Petrică Raul STAN
1984
Maria Alina Stan
Băicoi
Mărgineni Prison
10/03/2015 to
08/05/2017
2 year(s) and 1 month(s) and 29 day(s)
1.47-2.74 m²
Overcrowding (save for the periods between 01-23/04/2015 and 01/02/2017 - 08/05/2017), no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, lack of fresh air, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient natural light, bunk beds, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, insufficient number of sleeping places, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities
3,000
46283/16
14/10/2016
Cosmin-Nicolae LUGOJAN
1986
Timişoara Prison
13/08/2015 to
11/07/2017
1 year(s) and 10 month(s) and 29 day(s)
2.04-2.25 m²
overcrowding, lack or inadequate furniture, lack of toiletries, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents
3,000
46341/16
16/10/2016
Gheorghe SAVIUC
1975
Suceava County Police, Botoşani Prison
01/09/2015 to
10/11/2016
1 year(s) and 2 month(s) and 10 day(s)
1.33-2.44 m²
overcrowding, mouldy or dirty cell, lack of or insufficient natural light, lack of fresh air, inadequate temperature, no or restricted access to running water, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, lack or inadequate furniture, bunk beds, poor quality of food, lack of or insufficient quantity of food, lack of or restricted access to leisure or educational activities, lack of privacy for toilet
3,000
67614/16
02/03/2017
Nicolae MACXIM
1989
Ionela Mărgărit
Bucharest
Brăila Prison
09/06/2015 to
29/08/2017
2 year(s) and 2 month(s) and 21 day(s)
1.45-2.31 m²
overcrowding, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to potable water, lack of or insufficient electric light, no or restricted access to running water, no or restricted access to warm water, no or restricted access to shower, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cell
3,000
68678/16
16/12/2016
Ionel NIȚĂ
1975
Andreea-Gabriela Cadar
Galati
Poarta Albă Prison
22/04/2016 to
25/04/2017
1 year(s) and 4 day(s)
Poarta Albă Prison
23/05/2017 to
07/06/2017
16 day(s)
1.33-2.04 m²
1.57 m²
overcrowding, bunk beds, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, mouldy or dirty cell, lack of or insufficient electric light, lack of fresh air, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food, no or restricted access to running water, lack of or restricted access to leisure or educational activities, poor quality of potable water
3,000
68872/16
17/11/2016
Valerian DRAGOMIR
1980
Loredana Daniela Dragomir
Timisoara
Timişoara and Arad Prisons
20/06/2015 to
04/08/2017
2 year(s) and 1 month(s) and 16 day(s)
2,25 m²
Overcrowding (save for the period between 14/07/2015-21/01/2016 when the applicant was in detention in Arad Prison), lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of toiletries, no or restricted access to warm water, poor quality of potable water, bunk beds, lack of fresh air, lack of or insufficient natural light
3,000
44243/17
12/07/2017
Constantin MITU
1975
Nicolae Anghel
Bucharest
Bucharest Police detention facilities no. 22, Rahova and Jilava Prisons
16/12/2013 to
22/08/2017
3 year(s) and 8 month(s) and 7 day(s)
1.54-2.45 m²
Overcrowding (save for the period between 15/04/2015 - 21/04/2016, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, poor quality of food, lack of or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell
3,000
47834/17
20/06/2017
Alexandru-Florin MARINOIU
1980
Lucian Stuparu
Craiova
Rahova, Craiova and Pelendava Prisons
16/07/2014 to
21/12/2016
2 year(s) and 5 month(s) and 6 day(s)
0.94-2.80 m²
Overcrowding (save for the period between 10/06/2015 - 21/12/2016), bunk beds, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, lack or inadequate furniture, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to running water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to potable water, inadequate temperature
3,000
65248/17
22/08/2017
Gavril IUHAS
1955
Paul Cristea
Oradea
Oradea and Satu Mare Prisons
12/12/2016 to
11/05/2017
5 month(s)
Satu Mare Prison
26/05/2017 to
02/08/2017
2 month(s) and 8 day(s)
1.44-2.89 m²
2.16 m²
Overcrowding (save for the period between 05/01/2017-06/02/2017), mouldy or dirty cell, no or restricted access to warm water, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, lack of or insufficient quantity of food, poor quality of food, infestation of cell with insects/rodents, inadequate temperature
1,000
69602/17
13/09/2017
Ionuț RĂILEANU
1983
Raluca Adriana Voinigescu
Bacau
Bacău, Iaşi and Vaslui Prisons
20/10/2014 to
28/03/2017
2 year(s) and 5 month(s) and 9 day(s)
1.22-2.86 m²
Overcrowding (save for the period between 25-27/04/2015), insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient quantity of food, poor quality of food, no or restricted access to toilet, no or restricted access to shower, lack of or insufficient natural light, inadequate temperature, lack of fresh air, constant electric light, no or restricted access to warm water, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, bunk beds, lack of toiletries, no or restricted access to running water, lack of or insufficient physical exercise in fresh air
3,000
69924/17
13/12/2017
Gheorghe BODEANU
1963
Poarta Albă and Jilava Prisons
05/09/2016 to
20/07/2017
10 month(s) and 16 day(s)
1.45-2.84 m²
Overcrowding (save for the periods between and 24-28/11/2016), lack of or insufficient quantity of food, poor quality of food, no or restricted access to shower, no or restricted access to warm water, lack of privacy for toilet, infestation of cell with insects/rodents, lack or inadequate furniture, mouldy or dirty cell
1,000
[1] Plus any tax that may be chargeable to the applicants.