FOURTH SECTION
CASE OF FOLEANU AND OTHERS v. ROMANIA
(Application no. 31273/16 and 17 others –
see appended list)
JUDGMENT
STRASBOURG
18 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Foleanu and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 December 2023,
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.
THE LAW
JOINDER OF THE APPLICATIONS4. 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 CONVENTION5. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
6. As regards the admissibility of the applications, the Government raised a preliminary objection concerning loss of victim status for certain periods of detention specified in the appended table because adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences was afforded for those specific periods of detention.
7. The Court notes that the domestic remedy introduced in respect of the inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania (dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020. The Court therefore finds that the relevant parts of applications nos. 31273/16, 45323/16, 30727/17, 36226/18 and 21519/20 (details described in the appended table) are incompatible ratione personae with the provisions of the Convention because the applicants were, indeed, afforded adequate redress for certain periods of their detention, specified in the appended table. Those parts of the applications must be declared inadmissible in accordance with Article 35 §§ 3(a) and 4 of the Convention.
8. As regards the admissibility of applications nos. 34187/16, 45323/16, 10365/17, 12214/17, 14166/17, 19748/17, 30727/17, 68431/17, 3792/18, 9213/18, 14996/18, 32690/18, and 33757/18, the Government argued that the applicants had failed to exhaust the available effective remedies for the complaints about the inadequate conditions of their detention, as an action in tort was an effective remedy for grievances similar to those of the applicants, allowing them to have the violation of the Convention acknowledged, either explicitly or in substance, and to receive adequate and sufficient compensation at the domestic level, and invited the Court to declare these applications inadmissible.
9. The Court recalls that in Polgar v. Romania, no. 39412/19, §§ 94-96, 20 July 2021, it held that an action in tort, based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention and who were no longer held in conditions that were allegedly contrary to the Convention (see also Vlad v. Romania, (dec.), no. 122/17, §§ 30-33, 15 November 2022).
10. However, the applicants in applications nos. 34187/16, 45323/16, 10365/17, 12214/17, 14166/17, 19748/17, 30727/17, 68431/17, 3792/18, 9213/18, 14996/18, 32690/18, and 33757/18 either ceased to be held in conditions that were allegedly contrary to the Convention before 13 January 2021 or continue to be held in such conditions. Therefore, the Court dismisses the Government’s objection as to the non-exhaustion of domestic remedies and finds that the applicants did not have at their disposal an effective domestic remedy for their grievances considering their situations.
11. Turning to the remaining periods of the applicants’ detention, the details of which are indicated in the appended table, the Court notes that the applicants were kept in detention in poor conditions. 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).
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, 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 during the periods indicted in the appended table were inadequate.
14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS15. In applications nos. 31273/16, 34187/16, 10365/17, 12214/17, 14166/17, 19748/17, 32690/18, and 36226/18, the applicants also raised additional complaints under Article 3 of the Convention related to the conditions of their detention served during other periods.
16. 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 CONVENTION17. 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.
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 there has been a breach of Article 3 of the Convention concerning the inadequate conditions of detention for 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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
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
Domestic compensation awarded (in days) based on total period calculated by national authorities
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
31273/16
23/06/2016
Nicu-Ilie FOLEANU
1977
Arad Prison
11/09/2012 to 25/11/2015
3 year(s) and 2 month(s) and
15 day(s)
Arad Prison
07/06/2016 to
13/06/2017
1 year(s) and 7 day(s)
-
infestation of cell with insects/rodents, lack of or insufficient electric light, lack or inadequate furniture, no or restricted access to shower, no or restricted access to running water
126 days in compensation for a total period of 659 days spent in detention in inadequate conditions between 26/11/2015 – 06/06/2016 and 14/06/2017 – 25/07/2018
3,000
34187/16
11/07/2016
Mihai-Viorel TATARICI
1983
Jilava Prison
24/12/2019
pending
More than
3 year(s) and 9 month(s) and 3 day(s)
1.92 – 2.48 m²
overcrowding (save for the periods between 09/04/2021-09/09/2021 and 13/11/2022-17/11/2022), no or restricted access to potable water, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, inadequate temperature
3,000
45323/16
20/09/2016
Costică-Marian ARSENI
1992
Bacău Prison
24/12/2019 to
15/07/2020
6 month(s) and
23 day(s)
Bacău and Oradea Prisons
06/08/2020 to
17/06/2021
10 month(s) and
12 day(s)
(the applicant continues being detained in another detention facility)
1.44 – 2.97 m²
overcrowding, lack of fresh air, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to warm water
312 days in compensation for a total period of 1,566 days spent in detention in inadequate conditions between 15/03/2015 – 23/12/2019
3,000
10365/17
11/04/2017
Iulian MĂZĂREANU
1977
Aiud Prison
09/06/2022 to
30/06/2022
22 day(s)
Aiud Prison
14/07/2022 to
21/07/2022
8 day(s)
(the applicant continues being detained in another detention facility)
-
overcrowding, constant electric light, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of food
1,000
12214/17
03/02/2017
Gabriel Eduardo RODRIGUEZ
1974
Timișoara and Arad Prisons
21/05/2021 to
21/01/2022
8 month(s) and 1 day(s)
Timișoara Prison
28/01/2022
pending
More than 1 year(s) and 8 month(s) and 11 day(s)
2.02 – 2.95 m²
overcrowding (save for the periods between 21/05/2021-17/12/2021 and 31/01/2022-05/02/2022), infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, inadequate temperature
3,000
14166/17
07/02/2017
Ninel ŞERBĂNESCU
1950
Rahova Prison
09/01/2023
pending
More than
9 month(s) and 1 day(s)
-
infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, no or restricted access to toilet, no or restricted access to warm water, lack of or inadequate hygienic facilities
1,000
19748/17
07/03/2017
Ștefan-Cristian ISPAS
1985
Vasile Rareş Biro
Satu Mare
Sălaj County Police Station; Oradea, Gherla and Satu Mare Prisons
05/11/2014 to
22/02/2017
2 year(s) and 3 month(s) and
18 day(s)
Satu Mare Prison
08/03/2017 to
28/05/2017
2 month(s) and
21 day(s)
Satu Mare Prison
14/06/2017 to
19/07/2017
1 month(s) and 6 day(s)
Satu Mare Prison
05/09/2017 to
13/09/2017
9 day(s)
1.16 – 2.77 m²
poor quality of food, no or restricted access to warm water, mouldy or dirty cell, lack or inadequate furniture, lack of toiletries, lack of or poor quality of bedding and bed linen, lack of fresh air, overcrowding
3,000
23712/17
18/03/2017
Marian NUȚU
1980
Andreea-Gabriela Cadar
Galati
Poarta Albă Prison
21/09/2014 to
19/09/2016
1 year(s) and 11 month(s) and
30 day(s)
1.86 – 2.16 m²
overcrowding (save for the periods between 13/10/2014-02/11/2014, 19/03/2015-25/03/2015, and 25/07/2016-28/07/2016), bunk beds, insufficient number of sleeping places
3,000
30727/17
14/04/2017
Romeo-Mihaly VARGA
1995
Vasile Rareş Biro
Satu Mare
Oradea Prison
24/12/2019 to
12/03/2020
2 month(s) and
19 day(s)
2.17 – 2.94 m²
overcrowding, bunk beds, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower
300 days in compensation for a total period of 1,526 days spent in detention in inadequate conditions between 26/09/2015 – 23/12/2019
1,000
68431/17
11/09/2017
Mayco Norbert WENDT
1956
Sălaj County Police Station; Satu Mare, Oradea, Jilava and Gherla Prisons
28/09/2016 to
12/06/2017
8 month(s) and
16 day(s)
1.35 – 2.11 m²
overcrowding (save for the periods between 11/10/2016-22/11/2016, and 05/12/2016-20/04/2017), lack of or insufficient natural light, inadequate temperature, lack of privacy for toilet, mouldy or dirty cell
1,000
3792/18
12/01/2018
Ioan-Ovidiu COSTIN
1964
Florin Alexandru Roman
Cluj Napoca
Gherla and Bistrița Prisons
18/05/2017 to
14/12/2017
6 month(s) and
27 day(s)
-
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to toilet, lack of privacy for toilet, constant electric light
1,000
9213/18
12/02/2018
Ambruş ANĂ
1951
Gelu-Ioan Chivari
Oradea
Salaj County Police Inspectorate, Oradea, Satu Mare Prisons.
26/10/2015 to
01/11/2017
2 year(s) and 7 day(s)
-
overcrowding, no or restricted access to shower, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of privacy for toilet, mouldy or dirty cell
3,000
14996/18
23/03/2018
Mitică CIOBANU
1962
Vrancea County Police Station; Focșani Prison
24/01/2007 to
03/10/2017
10 year(s) and
8 month(s) and
10 day(s)
0.33 – 2.43 m²
overcrowding (save for the periods between 04/07/2012-20/07/2012, and 04/09/2014-12/05/2016), bunk beds, infestation of cell with insects/rodents, no or restricted access to warm water, lack of privacy for toilet, lack of toiletries
5,000
32690/18
22/08/2018
Florin-Valentin GRĂDINARU
1991
Poarta Albă Prison
24/12/2019
pending
More than
3 year(s) and 9 month(s) and 4 day(s)
2.44 – 2.97 m²
overcrowding (save for the periods between 28/06/2022-20/09/2022, and 09/11/2022-pending), mouldy or dirty cell, poor quality of food, no or restricted access to shower, no or restricted access to potable water
3,000
33757/18
09/07/2018
Constantin LAZAR
1986
Paul Cristea
Oradea
Bihor County Police Station; Oradea Prison
12/10/2017 to
06/04/2018
5 month(s) and
26 day(s)
2.77 m²
overcrowding (save for the period between 18/12/2017-06/04/2018), no or restricted access to shower, no or restricted access to warm water, lack of privacy for toilet, lack of or inadequate hygienic facilities, poor quality of food
1,000
36226/18
11/09/2018
Ion UŢOIU
1963
Rahova Prison Hospital
04/09/2017 to
14/09/2017
11 day(s)
Mioveni Prison Hospital
06/12/2017 to
04/01/2018
30 day(s)
-
overcrowding (save for the period between 06/12/2017-04/01/2018), mouldy or dirty cell, lack of fresh air, lack of or insufficient natural light, lack of or insufficient quantity of food, infestation of cell with insects/rodents
384 days in compensation for a total period of 1,948 days spent in detention in inadequate conditions between 24/07/2012 – 09/10/2018 (save for the periods between 04/09/2017-14/09/2017 and 06/12/2017-04/01/2018)
1,000
41999/18
13/08/2018
Paul-Grigore MUREŞAN
1988
Gherla Prison
24/12/2019 to
19/02/2020
1 month(s) and
27 day(s)
Gherla Prison
26/03/2020 to
11/08/2020
4 month(s) and
17 day(s)
Gherla Prison
17/09/2020 to
30/06/2021
9 month(s) and
13 day(s)
Gherla Prison
03/07/2021
pending
More than
2 year(s) and 2 month(s) and
24 day(s)
1.86 - 2.95 m²
overcrowding (save for the periods between 10/02/2020-18/02/2020, 03/07/2020-11/08/2020, 17/09/2020-30/06/2021, 03/07/2021-04/08/2021), no or restricted access to toilet, no or restricted access to shower, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, poor quality of food
3,000
21519/20
22/09/2020
Marius FLORESCU
1982
Tulcea Prison
24/12/2019
pending
More than
3 year(s) and 8 month(s) and
30 day(s)
2.57 m²
overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, mouldy or dirty cell, inadequate temperature, poor quality of food
126 days in compensation for a total period of 647 days spent in detention in inadequate conditions between 16/03/2018 – 23/12/2019
3,000
[1] Plus any tax that may be chargeable to the applicants.