FOURTH SECTION
CASE OF ȘERBAN AND OTHERS v. ROMANIA
(Application no. 1570/15 and 11 others -
see appended list)
JUDGMENT
STRASBOURG
26 July 2018
This judgment is final but it may be subject to editorial revision.
In the case of Șerban and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,
Having deliberated in private on 5 July 2018,
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 applications were communicated 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. In applications nos. 1570/15 and 14619/15, the Government raised a preliminary objection of failure to comply with the six-month time‑limit claiming that the parts of the applicants’ complaints concerning the initial period of their detention had been lodged out of time.
8. The Court observes that the applicant’s complaint in application no. 1570/15, concerning the initial period of his detention which was terminated by his transfer on 31 March 2011 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than two years later, on 17 March 2015.
9. The Court further notes that the applicant’s complaint in application no. 14619/15 concerning the initial period of his detention which was terminated by his transfer on 29 May 2012 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than three years later, on 23 June 2015.
10. In both instances these parts of the applicants’ complaints were thus raised more than six months after the respective detention period had ended. Accordingly, the Court accepts the Government’s objection and finds that these parts of the applications nos. 1570/15 and 14619/15 have been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
11. 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).
12. 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.
13. Having examined all the material submitted to it, as well as the Government’s objection concerning the continuous situations of the applicants’ conditions of detention in some of the cases, 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, the Court considers that in the instant case the applicants’ conditions of detention were inadequate.
14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
15. In applications nos. 13231/15 and 13821/15, the applicants also raised other complaints under Article 3 of the Convention relating to the conditions of their detention.
16. Having examined the applications, the Court 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.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
17. 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.”
18. 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.
19. 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 complaints concerning the periods of inadequate conditions of detention as set out in the appended table admissible, and the remainder of the applications nos. 1570/15, 13231/15, 13821/15 and 14619/15 inadmissible;
3. Holds that these complaints 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 26 July 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtVincent A. De Gaetano
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 name
Date of birth
Representative 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]
1570/15
17/03/2015
Florin Șerban
26/04/1981
Târgu-Jiu and Colibaşi Prisons
06/02/2014
pending
More than 4 years and 3 months and 25 days
1.04-3.8 m²
overcrowding (save for the periods of 24/02/2014-11/03/2014 and from 27/06/2014-18/07/2014 in Colibaşi Prison), insufficient sanitary facilities, lack of furniture, lack of natural light and constant artificial light, lack of fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air
3,000
2516/15
20/04/2015
Constantin-Emil Barbu
10/12/1984
Sorina Simionescu
Iași
Iaşi Police Arrest
09/05/2006 to 01/06/2006
24 days
Iaşi Police Section
02/06/2006 to 06/06/2006
5 days
Iaşi Prison
06/06/2006 to 02/07/2015
More than 9 years and 27 days
1.54 m²
2.11 m²
1.21 – 1.99 m²
overcrowding, lack of artificial lighting and adequate ventilation, lack of a toilet in the cell, insufficient access to showers
overcrowding, lack of artificial lighting and adequate ventilation, lack of a toilet in the cell, insufficient access to showers
overcrowding, inadequate toilets (insufficiently separated from the cell, lacking a shower, insalubrious, broken and infested with rats), insufficient access to warm water, lack of an adequate space to serve meals, to store goods and food, lack of adequate lighting, mould on walls, cells infested with bedbugs and sometimes with rats and lice, unhygienic conditions for serving meals, poor quality of food, lack of adequate furniture in the cell
5,000
13231/15
06/03/2015
David Leontin Popescu
16/09/1983
Timiş Police Arrest
22/01/2014 to 26/03/2014
2 months and 5 days
Dolj Police Arrest
26/03/2014 to 27/03/2014
2 days
Timișoara Prison
27/03/2014 to 11/09/2014
5 months and 16 days
Craiova Prison
25/09/2014 to 15/01/2015
3 months and 22 days
3.41 m²
4.71 m²
2.38 m²
1.66- 1.71 m²
infestation of cell with insects/rodents, infestation of toilet with insects/rodents, insufficient sanitary facilities, lack or inadequate furniture
lack of privacy for toilet, no or restricted access to toilet
overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to potable water, poor quality of food
overcrowding, limited access to warm water, lack of adequate heating during winter, insufficient access to walks outside the cell
1,000
13821/15
10/03/2015
Jean Andrei Siminel
02/09/1984
Timişoara Prison
27/03/2014 to 11/09/2014
5 months and 16 days
Craiova Prison
02/10/2014 to 08/12/2014
2 months and 7 days
Craiova Prison
05/01/2015 to 15/01/2015
11 days
Craiova Prison
01/02/2016
pending
More than 2 years and 4 months and 18 days
2.63 m²
1.61 m²
1.12 m²
1.52 m²
overcrowding, infestation of cell with insects/rodents, inadequate temperature, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to warm water
overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to warm water
overcrowding, inadequate toilet facilities, infested with rats, small courtyard for walking outside the cell, worn‑out bedroll, lack of adequate heating, lack of an adequate place to dry clothes
overcrowding, inadequate toilet facilities, infested with rats, small courtyard for walking outside the cell, worn-out bedroll, lack of adequate heating, lack of an adequate place to dry clothes
3,000
14235/15
29/04/2015
Radu Mircea Hîrnagea
21/03/1988
Iaşi Prison
29/06/2007 to 21/07/2016
9 years and 23 days
1.28-1.34 m²
overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to warm water
5,000
14619/15
23/06/2015
Adrian Lepădatu
01/07/1985
Galaţi Prison
19/10/2012
pending
More than 5 years and 5 months and 17 days
2.4 m²
overcrowding, lack or inadequate furniture, lack or inadequate hygienic facilities
5,000
23682/15
21/09/2015
Paul-Robert Albert
16/05/1981
Miercurea-Ciuc Prison
15/03/2013 to
10/03/2017
3 years and 11 months and 24 days
1.5-2.7 m²
overcrowding, insufficient sanitary facilities, lack of natural light, lack of furniture
3,000
53679/15
20/10/2015
Anca Maria
Andrieș Ursu
24/05/1968
Valentin Calotă
Braşov
Brașov Police Arrest
16/12/2014 to
17/03/2015
3 months and 2 days
30/03/2015 to 03/04/2015
5 days
Târgșor Prison
17/03/2015 – 30/03/2015
14 days
03/04/2015
pending
More than
3 years and 1 month and 30 days
4.23-4.28m2
1.57-1.99 m²
lack of fresh air, inadequate sanitary facilities, infestation of the cell with insects, poor conditions of hygiene
overcrowding, insalubrious sanitary facilities, infestation of the cell with insects, poor conditions of hygiene, lack of fresh air, lack or insufficient natural light, poor quality of food, lack of a place to store goods
3,000
12979/16
19/04/2016
Ion-Daniel Bănulescu
16/05/1978
Mărgineni Prison
29/01/2015 to 28/02/2017
2 years and 2 months
1.5-1.67 m²
overcrowding, bunk beds, lack of natural light and fresh air, insufficient sanitary facilities, lack of furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
3,000
38590/16
21/07/2016
Marian Tănase
30/07/1963
Irina Maria Peter
Bucharest
Bucharest Police Section no. 12, Rahova and Giurgiu Prisons
27/05/2014
pending
More than 3 years and 11 months and 1 day
1.96 – 5.44 m²
overcrowding (save for the periods from 06/07/2016-09/01/2017, 06/02/2017-09/02/2017 and 17/02/2017-26/06/2017 in Giurgiu Prison), lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, poor quality of food
3,000
59929/16
07/10/2016
Emanuel Hogea
22/09/1985
Ionela
Mărgărit
Bucharest
Focșani, Galați and Brăila Prisons
04/04/2016 to 15/12/2017
1 year and 8 months and 12 days
1-6.18 m²
overcrowding (save for the periods from 12/08/2016-02/09/2016, 16/09/2016-30/09/2016, 28/10/2016-08/11/2016, 15/11/2016-08/12/2016 in Focșani Prison), insufficient sanitary facilities, insects and rats, lack of potable running water, limited access to running water in Galați Prison, lack of furniture, lack of natural light and fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air
3,000
68839/16
14/12/2016
Aurelian Dicu
02/02/1969
Irina Maria Peter
Bucharest
Bucharest Police Section No. 15, Jilava, Rahova, Giurgiu Prisons
04/12/2001 to 18/10/2016
14 years and 10 months and 15 days
1-5.44 m²
overcrowding (save for the periods in Rahova Prison from 17/01/2007-25/04/2007, 28/05/2007-21/01/2009 and in Giurgiu Prison from 19/02/2012-06/07/2012, 20/08/2014-18/10/2016), lack or inadequate furniture, lack of privacy for toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, insufficient number of sleeping places, no or restricted access to warm water
5,000
[1] Plus any tax that may be chargeable to the applicants.
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