CASE OF GEORGESCU AND CIUCUR v. ROMANIA

FOURTH SECTION

CASE OF GEORGESCU AND CIUCUR v. ROMANIA

(Applications nos. 58798/16 and 3506/17)

JUDGMENT

STRASBOURG

28 March 2024

This judgment is final but it may be subject to editorial revision.

In the case of Georgescu and Ciucur v. Romania,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

 Anja Seibert-Fohr, President,
 Anne Louise Bormann,
 Sebastian Răduleţu, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 March 2024,

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

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6.  The applicants complained of the inadequate conditions of their detention during the periods indicated in the appended table. They relied on Article 3 of the Convention.

7.  The Government argued that the applicants had lost their victim status for certain periods of detention because they were afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for specific periods of detention.

8.  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.

9.  As regards application no. 58798/16, the Court notes that this remedy was available to the applicant, and he was, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).

10.  Therefore, the Court accepts the Government’s objection and finds that certain parts of application no. 58798/16 (see for the relevant details the appended table) are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

11.  As regards application no. 3506/17, due to the particular circumstances of the applicant’s detention, he did not effectively benefit from the said remedy. The domestic authorities acknowledged the breach of the Convention but did not afford the applicant adequate and effective redress. The Court therefore rejects the Government’s objection concerning the loss of the victim status by the applicant in application no. 3506/17.

12.  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).

13.  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.

14.  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 specified in the appended table were inadequate.

15.  These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

16.  In application no. 58798/16, the applicant also raised an additional complaint under Article 3 of the Convention related to the conditions of detention served during another period.

17.  The Court has examined this complaint 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, this complaint does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention.

18.  It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

19.  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,

(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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Anja Seibert-Fohr

 Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(inadequate conditions of detention)

[1] Plus any tax that may be chargeable to the applicants.