FOURTH SECTION
CASE OF GERÉD AND OTHERS v. ROMANIA
(Application no. 27581/16 and 14 others –
see appended list)
JUDGMENT
STRASBOURG
9 June 2022
This judgment is final but it may be subject to editorial revision.
In the case of Geréd 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 19 May 2022,
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 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.”
7. The Government raised a preliminary objection concerning loss of victim status by the applicants for the periods of detention specified in the appended table 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 those specific periods of detention.
8. The Court notes that the domestic remedy introduced in respect of 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). This remedy was available to the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
9. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
10. Turning to the remaining periods of the applicants’ detention as specified in the appended table, 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).
11. 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.
12. 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, 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, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 27581/16, 35372/16, 56494/16, 31095/18, 35628/18, 44846/18, 48636/18, 53737/18, 54302/18, 55316/18, 55719/18 and 57136/18 the applicants also raised other complaints under Article 3 of the Convention.
15. 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 abovementioned applications must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. 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.”
17. 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.
18. 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 9 June 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
Facility
Start and end date
Duration
Sq. m per inmate
Specific grievances
Domestic compensation awarded
(in days) based on total period calculated domestically
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant
(in euros)[1]
27581/16
12/09/2016
Károly GERÉD
1983
Oradea, Miercurea Ciuc, Târgu Mureș and Aiud Prisons
05/01/2012 to
24/07/2012
6 month(s) and 20 day(s)
1.27 - 2.37 m²
overcrowding (save for the period 17/01/2012 - 26/01/2012), infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water
384 days in compensation for a total period of 1,937 days spent in detention in inadequate conditions from 24/07/2012 to 28/11/2017, except for short periods spent in transit rooms
1,000
35372/16
06/07/2016
Nicolae PARASCHIV
1971
Ploiești Prison
06/10/2015 to
09/10/2015
4 day(s)
Bucharest - Rahova Prison
02/02/2018 to
13/02/2018
12 day(s)
Bucharest - Rahova Prison
17/02/2018 to
21/06/2018
4 month(s) and 5 day(s)
2.5 m²
overcrowding, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air
312 days in compensation for a total period of 1,570 days spent in detention in inadequate conditions from 18/12/2013 to 04/09/2018, except for the periods indicated in column no. 4 and short periods spent in transit rooms
1,000
35373/16
21/07/2016
Daniel BUJOR
1988
Tulcea, Iași and Miercurea Ciuc Prisons
22/04/2011 to
24/07/2012
1 year(s) and 3 month(s) and 3 day(s)
Târgu Ocna Prison Hospital
3 periods between 24/07/2015 and
16/11/2016
in the total amount of 40 day(s)
1.28 - 1.57 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen
366 days in compensation for a total period of 1,581 days spent in detention in inadequate conditions from 24/07/2012 to 21/11/2017, except for the periods indicated in column no. 4 spent in Târgu Ocna Prison Hospital
3,000
37555/16
17/08/2016
Robert-Arcadie BUDI
1979
Codlea, Arad and Miercurea Ciuc Prisons
19/10/2010 to
24/07/2012
1 year(s) and 9 month(s) and 6 day(s)
1.04 - 2.90 m²
overcrowding (save for the period 25/11/2010 - 23/12/2010), lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of fresh air, infestation of cell with insects/rodents
384 days in compensation for a total period of 1,936 days spent in detention in inadequate conditions from 24/07/2012 to 21/12/2017, except for the period 03/04/2017 - 08/05/2017 spent in Dej Prison Hospital, of which he did not complain
3,000
56494/16
06/12/2016
Ioan MARDAN
1963
Hunedoara County Police Station; Deva (Bârcea Mare), Bucharest - Jilava, Aiud and Oradea Prisons; Bucharest - Jilava and Mioveni (Colibași) Prison Hospitals
17/05/2007 to
24/07/2012
5 year(s) and 2 month(s) and 8 day(s)
1.70 - 2.74 m²
overcrowding (save for the periods 28/05/2007 - 11/06/2007, 31/12/2007 - 24/04/2008, 20/04/2010 - 06/05/2010, 27/05/2011 - 28/07/2011 and 11/10/2011 - 07/11/2011), poor quality of food, poor quality of potable water, mouldy or dirty cell, infestation of cell with insects/rodents
456 days in compensation for a total period of 2,295 days spent in detention in inadequate conditions from 24/07/2012 to 27/11/2018, except for short periods spent in transit rooms
5,000
31095/18
31/07/2018
Trandafir ALEXANDRU
1986
Giurgiu Prison
24/05/2018 to
22/10/2018
4 month(s) and 29 day(s)
Giurgiu Prison
26/10/2018 to
17/12/2018
1 month(s) and 22 day(s)
Giurgiu Prison
27/12/2018 to
10/01/2019
15 day(s)
Giurgiu and Galați Prisons
20/12/2019
pending
More than 2 year(s) and 4 month(s)
5.02 - 5.49 m²
overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), infestation of cell with insects/rodents, poor quality of food, poor quality of potable water, mouldy or dirty cell
360 days in compensation for a total period of 1,814 days spent in detention in inadequate conditions from 24/07/2012 to 19/12/2019, except for the periods indicated in column no. 4 spent in Giurgiu Prison
3,000
35628/18
29/08/2018
Ciprian NOVAC
1980
Arad Prison
11/01/2019 to
28/11/2019
10 month(s) and 18 day(s)
Arad Prison
05/12/2019 to
20/02/2021
1 year(s) and 2 month(s) and 16 day(s)
-
poor quality of food, infestation of cell with insects/rodents, bunk beds, no or restricted access to shower
72 days in compensation for a total period of 381 days spent in detention in inadequate conditions from 27/11/2017 to 23/12/2019, including all the periods spent in Timișoara Prison, except for the periods spent in Arad Prison indicated in column no. 4
3,000
44846/18
29/03/2019
Nicușor-Mihai RADU
1976
Arad Prison
16/08/2016 to
05/09/2016
21 day(s)
Arad Prison
10/10/2016 to
21/11/2016
1 month(s) and 12 day(s)
Arad Prison
05/12/2016 to
01/07/2017
6 month(s) and 27 day(s)
Arad Prison
22/07/2019
pending
More than 2 year(s) and 9 month(s)
-
mouldy or dirty cell, no or restricted access to warm water, no or restricted access to toilet, infestation of cell with insects/rodents, poor quality of food
402 days in compensation for a total period of 2,035 days spent in detention in inadequate conditions from 24/07/2012 to 23/12/2019, including all the periods spent in Craiova and Arad Prisons, except for the periods indicated in column no. 4
3,000
48636/18
03/12/2018
Cătălin VASILIU
1967
Constanța - Poarta Albă Prison
23/12/2019 to
08/01/2020
17 day(s)
Constanța - Poarta Albă Prison
14/01/2020
pending
More than 2 year(s) and 3 month(s)
2.38 - 2.53 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, inadequate temperature
444 days in compensation for a total period of 2,226 days spent in detention in inadequate conditions from 17/08/2013 to 23/12/2019, including all the periods spent in Constanța - Poarta Albă, Tulcea and Slobozia Prisons, except for the period 02/10/2018 - 05/10/2018 spent in the infirmary
3,000
52979/18
30/01/2019
Bogdan-Daniel PANĂ
1976
Bucharest - Rahova Prison
23/12/2019
pending
More than 2 year(s) and 4 month(s)
2.44 m²
overcrowding (save for the period 03/03/2020 - 20/10/2020), no or restricted access to shower, lack of or inadequate hygienic facilities, lack of privacy for toilet
534 days in compensation for a total period of 2,685 days spent in detention in inadequate conditions from 18/07/2012 to 23/12/2019, including all the periods spent in Slobozia, Bucharest - Rahova and Tulcea Prisons
3,000
53737/18
29/11/2018
Adrian CREȚU
1967
Drobeta-Turnu Severin Prison
19/12/2018 to
03/06/2020
1 year(s) and 5 month(s) and 16 day(s)
3.89 - 4.16 m²
overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or inadequate hygienic facilities
438 days in compensation for a total period of 2,200 days spent in detention in inadequate conditions from 24/07/2012 to 19/12/2018, including all the periods spent in Mioveni, Craiova, Craiova - Pelendava and Drobeta-Turnu Severin Prisons, except for the periods spent in transit rooms
3,000
54302/18
15/12/2018
Ioan ROMANIUC
1977
Botoșani and Iași Prisons
14 periods between
22/02/2018 and
28/02/2020 totalising
4 month(s) and 9 day(s)
Botoșani Prison
11/08/2020
pending
More than 1 year(s) and 8 month(s)
2.10 - 2.85 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient natural light
204 days in compensation for a total period of 1,030 days spent in detention in inadequate conditions from 06/11/2016 to 23/12/2019, including the periods spent in Botoșani and Iași Prisons, except for the periods indicated in column no. 4
3,000
55316/18
28/12/2018
Marian LUPU
1986
Galați Prison
23/12/2019
pending
More than 2 year(s) and 4 month(s)
2.25 m²
overcrowding (save for the period 10/03/2020 - 14/04/2020), bunk beds, lack or inadequate furniture, mouldy or dirty cell, infestation of cell with insects/rodents
492 days in compensation for a total period of 2,466 days spent in detention in inadequate conditions from 31/12/2012 to 23/12/2019, including the periods spent in Galați Prison, except for the period 15/01/2013 - 28/02/2013 spent in a transit room
3,000
55719/18
11/12/2018
Valentin-Marian GROZA
1988
Giurgiu Prison
19/06/2018 to
05/07/2018
17 day(s)
Giurgiu Prison
16/07/2018 to
26/07/2018
11 day(s)
Giurgiu Prison
06/08/2018 to
06/09/2018
1 month(s) and 1 day(s)
Craiova and Giurgiu Prisons
06/12/2019 to
17/09/2020
9 month(s) and 12 day(s)
Craiova Prison
19/08/2021
pending
More than 8 month(s)
3.24 - 4.30 m²
overcrowding (the indicated surfaces included the toilet and shower, which were situated in the room), lack of privacy for toilet, bunk beds, lack of or insufficient natural light, infestation of cell with insects/rodents
504 days in compensation for a total period of 2,537 days spent in detention in inadequate conditions from 24/07/2012 to 06/12/2019, including the periods spent in Craiova, Mioveni and Giurgiu Prisons, except for the periods indicated in column no. 4
3,000
57136/18
22/05/2019
Neculai PASTRAMĂ
1974
Galați Prison
23/12/2019 to
27/02/2021
1 year(s) and 2 month(s) and 5 day(s)
2.25 m²
overcrowding (save for the period 29/08/2020 - 01/09/2020), lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to shower, infestation of cell with insects/rodents
162 days in compensation for a total period of 825 days spent in detention in inadequate conditions from 10/08/2017 to 23/12/2019, including the periods spent in Galați, Tulcea and Brăila Prisons, except for the period 26/03/2019 - 29/03/2019 spent in infirmary
3,000
[1] Plus any tax that may be chargeable to the applicants.