FOURTH SECTION
CASE OF DASCĂLU AND OTHERS v. ROMANIA
(Application no. 2676/16 and 19 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 Dascălu 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.
3. In application no. 31872/16, by letter dated 8 September 2020, the applicant notified the Court that she had changed her name, the new one being Raluca‑Mădălina Tomoiu. The Court advised the parties on 23 February 2021 that it would continue processing the application under the case name of Dănăiață‑Tomoiu v. Romania. This corresponded to the applicant’s name as referred to in her application lodged with the Court.
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the inadequate conditions of their detention.
THE LAW
JOINDER OF THE APPLICATIONS6. 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 CONVENTION7. 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.”
8. 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).
9. 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.
10. 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.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS12. In applications nos. 28409/16, 34383/16 and 35013/17, the applicants also raised other complaints under Article 3 of the Convention.
13. 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 CONVENTION14. 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
16. 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]
2676/16
14/12/2015
Florin-Beniamin DASCĂLU
1992
Bistrița and Târgu Mureș Prisons
25/02/2015 to
22/03/2016
1 year(s) and 27 day(s)
1.2 - 2.1 m²
overcrowding, insufficient sanitary facilities, lack of adequate heating and fresh air, lack of furniture, infestation of the cell with insects, poor quality of food, small courtyard
3,000
27898/16
30/06/2016
Gabriel VIŞAN
1994
Galați, Bacău and Iași Prisons
04/03/2015 to
18/08/2016
1 year(s) and 5 month(s) and 15 day(s)
1.20 - 2.57 m²
overcrowding (save for the periods 17/03/2015 - 24/03/2015, 07/04/2015 - 26/05/2015 and 09/08/2016 - 18/08/2016), mouldy or dirty cell, no or restricted access to warm water, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, poor quality of food, lack or inadequate furniture, no or restricted access to shower, lack of or poor quality of bedding and bed linen
3,000
28409/16
06/06/2016
Constantin DIN
1956
Mioveni (Colibaşi) Prison and Mioveni (Colibaşi) Prison Hospital
26/10/2015 to
07/06/2017
1 year(s) and 7 month(s) and 13 day(s)
1.92 - 2.32 m²
overcrowding (save for the periods 08/12/2015 - 19/01/2016, 16/02/2016 - 15/03/2016, 12/04/2016 - 19/04/2016, 26/07/2016 - 11/08/2016, 03/01/2017 - 05/01/2017 and 16/05/2017 - 07/06/2017), lack of fresh air, mouldy or dirty cell, no or restricted access to shower, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
3,000
28491/16
18/07/2016
Emil NICU
1974
Giurgiu, Bucharest - Jilava, Drobeta Turnu Severin - Vânjuleţul Mare, Focşani and Târgu-Jiu Prisons
25/07/2012 to
31/05/2016
3 year(s) and 10 month(s) and 7 day(s)
1.01 - 2.87 m²
overcrowding, no or restricted access to warm water, lack of fresh air, bunk beds, no or restricted access to toilet, no or restricted access to shower, no or restricted access to running water, lack or inadequate furniture, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents, poor quality of potable water, poor quality of food
3,000
29101/16
11/06/2016
Ion PAVEL
1961
Peter Irina Maria
Bucharest
Mărgineni, Ploieşti and Găeşti Prisons; Bucharest - Jilava and Mioveni (Colibaşi) Prison Hospitals
20/10/2012 to
01/03/2016
3 year(s) and 4 month(s) and 11 day(s)
0.95 - 2.48 m²
overcrowding (save for the periods 09/11/2012 - 26/11/2012 and 29/01/2016 - 01/03/2016), bunk beds, no or restricted access to shower, mouldy or dirty cell, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to running water, poor quality of potable water, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air
3,000
29130/16
14/06/2016
Marcel FILIP
1967
Vaslui and Iaşi Prisons
07/07/2015 to
13/12/2016
1 year(s) and 5 month(s) and 7 day(s)
1.28 - 2.29 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, no or restricted access to shower, lack of or insufficient natural light, constant electric light, poor quality of food, sharing cells with inmates infected with contagious disease
3,000
31570/16
06/07/2016
Valentin Marian STATE
1985
Focșani, Galați, Bucharest - Rahova and Arad Prisons; Târgu Ocna Prison Hospital
20/12/2012 to
27/09/2016
3 year(s) and 9 month(s) and 8 day(s)
Focșani Prison
14/10/2016 to
28/02/2017
4 month(s) and 15 day(s)
1.2 - 2.67 m²
overcrowding (save for the periods 27/01/2015 - 02/03/2015 and 26/05/2015 - 09/06/2015), lack of fresh air, mouldy or dirty cell, lack of or insufficient natural light
3,000
31864/16
11/07/2016
Paul DOBRE
1956
Vâlcea County Police Station; Mioveni (Colibași), Târgu Jiu, Aiud, Gherla and Deva (Bârcea Mare) Prisons; Mioveni (Colibași), Bucharest - Jilava and Dej Prison Hospitals
24/03/2014 to
27/09/2016
2 year(s) and 6 month(s) and 4 day(s)
1.67 - 2.98 m²
overcrowding (save for the periods 01/04/2014 - 15/04/2014, 05/08/2015 - 26/10/2015, 31/03/2016 - 18/04/2016, 19/04/2016 - 09/05/2016, 12/05/2016 - 04/09/2016 and 05/09/2016 - 27/09/2016), bunk beds, lack of privacy for toilet, lack of fresh air, lack of or insufficient natural light, constant electric light, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, poor quality of potable water, infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food
3,000
31872/16
27/07/2016
Raluca‑Mădălina TOMOIU
(former Dănăiață‑Tomoiu)
1987
Gorj County Police Station; Craiova and Craiova - Ișalnița Section Prisons
23/10/2014 to
18/10/2016
1 year(s) and 11 month(s) and 26 day(s)
0.85 - 2.74 m²
overcrowding, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of fresh air, no or restricted access to toilet, no or restricted access to shower, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, bunk beds, sharing cells with inmates infected with contagious disease
3,000
31884/16
11/07/2016
Andrei-Mircea BĂBAN
1990
Gherla and Baia Mare Prisons
31/10/2015 to
11/01/2017
1 year(s) and 2 month(s) and 12 day(s)
1.86 - 2.35 m²
overcrowding, insufficient number of sleeping places, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, no or restricted access to warm water
3,000
32338/16
16/08/2016
Gheorghe CIULIN
1972
Iași, Bucharest - Rahova, Botoșani and Bistrița Prisons
10/11/1997 to
08/02/2017
19 year(s) and 2 month(s) and 30 day(s)
1.28 - 2.48 m²
overcrowding (save for the period 26/01/2012 - 02/03/2012), lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, inadequate temperature
5,000
32792/16
08/09/2016
Claudiean CIUPITU
1972
Olt County Police Station; Craiova, Bucharest - Jilava and Mioveni (Colibaşi) Prisons
03/01/2006 to
26/02/2012
6 year(s) and 1 month(s) and 24 day(s)
Mioveni (Colibași) Prison
01/03/2012 to
11/04/2013
1 year(s) and 1 month(s) and 11 day(s)
Mioveni (Colibași) and Târgu Jiu Prisons
16/04/2013 to
07/07/2016
3 year(s) and 2 month(s) and 22 day(s)
1.21 - 2.82 m²
overcrowding, no or restricted access to toilet, no or restricted access to running water, poor quality of potable water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, lack or inadequate furniture, bunk beds, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, poor quality of food
5,000
34383/16
05/12/2016
Florea COTOI
1961
Bistrița Prison
03/07/2015 to
15/11/2016
1 year(s) and 4 month(s) and 13 day(s)
1.75 - 2.17 m²
overcrowding, lack of fresh air, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, poor quality of potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of toiletries, no or restricted access to warm water
3,000
35262/16
19/10/2016
Iosif PINCZES
1979
Omota Georgeta
Baia Mare
Maramureș County Police Station; Gherla, Timișoara, Aiud and Baia Mare Prisons; Dej Prison Hospital
10/04/2013 to
14/06/2016
3 year(s) and 2 month(s) and 5 day(s)
1.33 - 2.50 m²
overcrowding (save for the periods 29/05/2013 - 12/06/2013, 22/01/2014 - 23/01/2014 and 28/07/2015 - 24/02/2016), no or restricted access to toilet, no or restricted access to potable water, 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, no or restricted access to shower, poor quality of food, lack of or insufficient physical exercise in fresh air, bunk beds
3,000
35349/16
12/07/2016
Ovidiu ILAŞC
1974
Ilașc Elena‑Claudia
Galați
Galați Prison
17/09/2012 to
18/08/2016
3 year(s) and 11 month(s) and 2 day(s)
1.20 - 1.50 m²
overcrowding, mouldy or dirty cell, lack or inadequate furniture, bunk beds, lack of or poor quality of bedding and bed linen, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to shower, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, poor quality of potable water
3,000
35959/16
05/08/2016
Octavian STERE
1975
Mărgineni, Ploiești, Ploiești - Berceni Section and Găești Prisons
16/09/2014 to
19/01/2017
2 year(s) and 4 month(s) and 4 day(s)
0.88 - 2.15 m²
overcrowding (save for the periods 18/02/2015 - 20/03/2015 and 18/02/2016 - 19/01/2017), infestation of cell with insects/rodents, bunk beds, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water, lack or inadequate furniture, lack of fresh air, lack of or insufficient quantity of food, lack of toiletries, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, sharing cells with inmates infected with contagious disease, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light
3,000
38093/16
25/07/2016
Viorel ARDELEAN
1956
Maramureș County Police Station; Gherla and Baia Mare Prisons; Dej Prison Hospital
05/04/2012 to
20/12/2016
4 year(s) and 8 month(s) and 16 day(s)
1.56 - 2.35 m²
overcrowding (save for the periods 23/05/2012 - 29/05/2012, 06/12/2013 - 18/12/2013, 17/09/2014 - 01/10/2014 and 13/10/2015 - 10/11/2015), lack of fresh air, infestation of cell with insects/rodents, no or restricted access to toilet, no or restricted access to potable water, lack of or insufficient quantity of food, bunk beds, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, poor quality of food, poor quality of potable water
3,000
40594/16
16/08/2016
Ioan-Lucian MARINCAȘ
1979
Cluj County Police Station; Gherla and Bistrița Prisons
30/05/2014 to
18/10/2016
2 year(s) and 4 month(s) and 19 day(s)
1.37 - 2.95 m²
overcrowding, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to potable water, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, bunk beds, lack of or poor quality of bedding and bed linen, lack or inadequate furniture
3,000
29709/17
03/04/2017
Ninel-Dorin MĂCEŞANU
1979
Jilava Prison Hospital
15/07/2014 to
14/03/2017
2 year(s) and 8 month(s)
1.5 - 3 m²
overcrowding, bunk beds, lack of fresh air, no or restricted access to toilet, no or restricted access to running water, no or restricted access to shower, 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, mouldy or dirty cell, inadequate temperature, constant electric light, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities
3,000
35013/17
04/05/2017
Florea DUMITRU
1967
Cadar Andreea‑Gabriela
Galați
Constanța - Poarta Albă Prison
04/08/2016 to
13/11/2016
3 month(s) and 10 day(s)
1.81 - 1.86 m²
overcrowding, bunk beds, lack of toiletries, mouldy or dirty cell, poor quality of potable water, poor quality of food, no or restricted access to shower, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents
1,000
[1] Plus any tax that may be chargeable to the applicants.