FOURTH SECTION
CASE OF GORUN AND OTHERS v. ROMANIA
(Application no. 39346/16 and 27 others –
see appended list)
JUDGMENT
STRASBOURG
15 December 2022
This judgment is final but it may be subject to editorial revision.
In the case of Gorun and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 24 November 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:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
7. In applications nos. 45061/16, 45513/16, 47685/16, 52803/19, 59672/19, 60619/19, 3472/20, 9655/20, 14289/20, 17496/20, 19235/20, 21541/20, 21727/20, 21889/20, 28390/20 and 38212/20, the Government raised a preliminary objection concerning the 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 applications nos. 45061/16, 45513/16, 47685/16, 52803/19, 59672/19, 60619/19, 3472/20, 9655/20, 14289/20, 17496/20, 19235/20, 21541/20, 21727/20, 21889/20, 28390/20 and 38212/20 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.
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 and the arguments raised by the parties, including the Government’s objection 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 for the periods specified in the table appended below were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 39346/16, 42448/16, 45061/16, 3887/17, 9655/20, 14289/20, 17496/20 and 38212/20, 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.
16. 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. 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
19. 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 admissible as specified in the appended table, 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;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 15 December 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
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]
39346/16
27/07/2016
Ion GORUN
1968
Colibaşi and Târgu Jiu Prisons
26/03/2014 to
08/11/2016
2 year(s) and 7 month(s) and 14 day(s)
1.64-2.94 m²
overcrowding (save for 23/10/2014), lack or inadequate furniture, bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell
3,000
42448/16
06/09/2016
Florin ZAHARIA
1967
Craiova, Colibaşi and Pelendava Prisons
06/08/2014 to
03/05/2017
2 year(s) and 8 month(s) and 28 day(s)
1.72-2.24 m²
overcrowding (save for 23/12/2016-03/05/2017), no or restricted access to warm water, infestation of cell with insects/rodents, poor quality of food
3,000
45061/16
26/07/2016
Adi-Relu ZLATE
1987
Mărgărit Ionela
Bucharest
Galaţi Prison
20/07/2011 to
23/07/2012
1 year(s) and 4 day(s)
1.05-1.63 m²
overcrowding, bunk beds, 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
378 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 07/11/2017
3,000
45513/16
18/10/2016
Mircea-Victorian COTÎRŢĂ
1964
Mehedinţi County Police Station, Jilava Hospital Prison, Drobeta‑Turnu Severin and Craiova Prisons
16/01/2012 to
23/07/2012
6 month(s) and 8 day(s)
1.21-1.96 m²
overcrowding (save for 16/01/2012-19/04/2012), bunk beds, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature
306 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 06/11/2018
1,000
54048/16
08/09/2016
Andrei-Gabriel NICULAE
1964
Poarta Albă Prison (including Valu lui Traian Prison)
27/01/2014 to
22/04/2016
2 year(s) and 2 month(s) and 27 day(s)
2 m²
overcrowding (save for 31/01/2014-24/02/2014; 09/09/2014-18/04/2016), lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of potable water, inadequate temperature
3,000
54641/16
17/10/2016
Constantin ALEXE
1977
Rahova and Codlea Prisons
09/02/2016 to
17/01/2017
11 month(s) and 9 day(s)
1.02-2.44 m²
overcrowding, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient quantity of food
1,000
64326/16
08/12/2016
Sorin Ştefan BERARU
1992
Beraru Veronica
Bucharest
Bucharest General Police Inspectorate; Rahova, Giurgiu and Drobeta‑Turnu Severin Prisons
05/06/2014 to
06/02/2017
2 year(s) and 8 month(s) and 2 day(s)
1.95-2.90 m²
overcrowding, bunk beds, no or restricted access to warm water, lack of fresh air, inadequate temperature
3,000
66465/16
20/01/2017
Ioan STOIAN
1944
Vaslui County Prison Section; Rahova, Iaşi and Vaslui Prisons
08/05/2009 to
23/07/2012
3 year(s) and 2 month(s) and 16 day(s)
1.29-2.62 m²
overcrowding, no or restricted access to toilet, lack of fresh air, lack or inadequate furniture, no or restricted access to shower
3,000
3887/17
03/01/2017
Norbert-Arnold MEGYESI
1990
Biro Vasile Rareş
Satu Mare
Satu Mare Prison
12/07/2016 to
11/07/2017
1 year(s)
2.29 m²
overcrowding, bunk beds, lack or inadequate furniture, lack of fresh air, lack of or poor quality of bedding and bed linen
1,000
7093/17
07/03/2017
Ion STOICA
1957
Prahova County Police Station; Mărgineni, Ploieşti, Jilava and Rahova Prisons; Jilava, Mioveni and Dej Hospital Prisons
30/09/1998 to
23/07/2012
13 year(s) and 9 month(s) and 24 day(s)
0.87-2.22 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to toilet, no or restricted access to shower, infestation of cell with insects/rodents
5,000
30658/17
10/04/2017
Gheorghe BUGA
1962
Codlea Prison
27/09/2015 to
22/02/2017
1 year(s) and 4 month(s) and 27 day(s)
2.11-2.96 m²
overcrowding (save for 26/09/2016-21/02/2017), lack or inadequate furniture, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of fresh air
3,000
47685/19
30/09/2019
Dumitru BUZATA
1986
Craiova Prison
23/12/2019
pending
More than 2 year(s) and 9 month(s) and 12 day(s)
overcrowding (save for 23/12/2019 to 21/12/2020), no or restricted access to warm water, no or restricted access to running water, poor quality of food, lack of or restricted access to leisure or educational activities
390 days in compensation for a total period of detention spent in inadequate conditions from 06/11/2013 to 22/12/2019
3,000
52803/19
08/11/2019
Radu COSTEA
1974
Costea Augustina
Nicolae Titulescu
Drobeta‑Turnu Severin Prison
23/12/2019 to
20/03/2020
2 month(s) and 27 day(s)
overcrowding (save for 23/12/2019-20/03/2020), lack of or insufficient quantity of food, poor quality of food, infestation of cell with insects/rodents
120 days in compensation for a total period of detention spent in inadequate conditions from 20/02/2018 to 22/12/2019
1,000
59672/19
02/12/2019
Mihai APOSTOL
1970
Găeşti Prison
23/12/2019
pending
More than 2 year(s) and 9 month(s) and 12 day(s)
overcrowding (save for 23/12/2019 to 21/12/2020), lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, mouldy or dirty cell
432 days in compensation for a total period of detention spent in inadequate conditions from 08/10/2013 to 22/12/2019
3,000
60619/19
11/12/2019
Florin URZICĂ
1969
Jilava Prison
23/12/2019 to
06/09/2020
8 month(s) and 15 day(s)
Jilava Prison
04/11/2020 to
24/11/2020
21 day(s)
1.93-2.87 m²
2.55 m²
overcrowding (save for 21/08/2020-06/09/2020), lack of or poor quality of bedding and bed linen, mouldy or dirty cell, poor quality of food
overcrowding (save for 04/11/2020-17/11/2020), mouldy or dirty cell, poor quality of food, lack of or poor quality of bedding and bed linen
132 days in compensation for a total period of detention spent in inadequate conditions from 04/01/2018 to 22/12/2019
1,000
3472/20
04/05/2020
Levente DERZSI
1989
Codlea Prison
23/12/2019 to
25/06/2020
6 month(s) and 3 day(s)
1.77-2.71 m²
overcrowding, poor quality of food, lack or inadequate furniture, lack of or restricted access to leisure or educational activities, mouldy or dirty cell
108 days in compensation for a total period of detention spent in inadequate conditions from 24/12/2016 to 09/12/2017 and from 07/06/2019 to 22/12/2019
1,000
9655/20
22/05/2020
Eugen ŞERBAN
1957
Mioveni Prison
23/12/2019 to
18/12/2020
11 month(s) and 26 day(s)
Mioveni and Târgu Jiu Prisons
19/01/2021
to 06/10/2022
1 year(s) and 8 month(s) and 18 day(s)
1.92-2.57 m²
overcrowding (save for 23/12/2019-14/10/2020; 16/12/2020-18/12/2020), no or restricted access to warm water, constant electric light, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, mouldy or dirty cell
528 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 22/12/2019
3,000
10831/20
06/02/2020
Vasile COVACIU
1979
Trif Nicoleta
Arad
Arad Police Inspectorate, Arad, Rahova and Colibași Prisons, Dej Hospital Prison
23/08/2011 to
08/03/2017
5 year(s) and 6 month(s) and 14 day(s)
2.41-2.45 m²
overcrowding (save for 23/08/2011-07/05/2012; 07/06/2012-14/06/2012; 23/07/2012-08/03/2017), lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen
5,000
14289/20
27/07/2020
Ovidiu POPA
1982
Botoşani and Iaşi Prisons
23/12/2019 to
03/02/2021
1 year(s) and 1 month(s) and 12 day(s)
2.41-2.85 m²
overcrowding, poor quality of food, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to warm water
492 days in compensation for a total period of detention spent in inadequate conditions from 29/03/2013 to 22/12/2019
3,000
15715/20
15/05/2020
Costel-Vasile TOFAN
1988
Bacău and Gherla Prisons
23/12/2019 to
29/06/2021
1 year(s) and 6 month(s) and 7 day(s)
1.55-2.85 m²
overcrowding (save for 13/02/2020-05/06/2020), poor quality of food, lack of or insufficient quantity of food, lack of or restricted access to leisure or educational activities, no or restricted access to warm water
3,000
17496/20
23/05/2020
Constantin RADU
1973
Ploieşti Prison
23/12/2019
pending
More than 2 year(s) and 9 month(s) and 13 day(s)
2.24-2.25 m²
overcrowding (save for 19/08/2020-09/02/2021), no or restricted access to warm water, poor quality of food, lack of fresh air, lack of or restricted access to leisure or educational activities
366 days in compensation for a total period of detention spent in inadequate conditions from 27/11/2014 to 22/12/2019
3,000
18822/20
07/07/2020
Ionuț-Ciprian HANACHIUC
1981
Botoşani Prison
09/10/2019 to
27/05/2020
7 month(s) and 18 day(s)
18/06/2020 to
24/06/2022
2 year(s) and 7 day(s)
2.85 m²
overcrowding (save for 18/06/2020-06/08/2020), poor quality of food, lack of or restricted access to leisure or educational activities, no or restricted access to warm water, mouldy or dirty cell, lack of or inadequate hygienic facilities
3,000
19235/20
25/08/2020
Paul Marin BOLDI
1988
Bistriţa Prison
23/12/2019
pending
More than 2 year(s) and 9 month(s) and 11 day(s)
2.63-2.91 m²
overcrowding, mouldy or dirty cell, lack of fresh air, no or restricted access to warm water, poor quality of potable water
174 days in compensation for a total period of detention spent in inadequate conditions
from 23/06/2017 to 22/12/2019
3,000
21541/20
23/07/2020
Augustin MOLDOVAN
1990
Baia Mare and Gherla Prisons
22/12/2019
pending
More than 3 year(s) and 4 month(s) and 24 day(s)
2.21-2.86 m²
overcrowding (save for 05/08/2020-07/08/2020), poor quality of food, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light
42 days in compensation for a total period of detention spent in inadequate conditions from 15/05/2019 to 22/12/2019
3,000
21727/20
04/08/2020
Constantin ALEXANDRU
1981
Gherla Prison, Dej Hospital Prison
23/12/2019 to
20/07/2020
6 month(s) and 28 day(s)
2.58-2.74 m²
overcrowding (save for 13/01/2020-20/07/2020), infestation of cell with insects/rodents, poor quality of food, mouldy or dirty cell, lack of or inadequate hygienic facilities
414 days in compensation for a total period of detention spent in inadequate conditions from 19/12/2013 to 22/12/2019
1,000
21889/20
22/07/2020
Ionuţ Eugen OPINCARU
1995
Craiova Prison
23/12/2019 to
12/03/2020
2 month(s) and 19 day(s)
Craiova Prison
16/04/2020 to
23/12/2020
8 month(s) and 8 day(s)
2.75 m²
2.41-2.97 m²
overcrowding, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents
overcrowding (save for 21/04/2020-30/04/2020; 01/07/2020-03/07/2020; 17/09/2020-23/12/2020), infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, lack or inadequate furniture
192 days in compensation for a total period of detention spent in inadequate conditions from 14/02/2017 to 23/12/2019
1,000
28390/20
17/08/2020
Florin OPREA
1986
Jilava Prison
23/12/2019 to
28/08/2020
8 month(s) and 6 day(s)
Giurgiu Prison
08/02/2022
pending
More than 7 month(s) and 26 day(s)
1.93-2.83 m²
overcrowding (save for 12/02/2020-26/02/2020, 17/06/2020-19/06/2020, 23/07/2020-28/08/2020), infestation of cell with insects/rodents, poor quality of potable water, lack of or inadequate hygienic facilities
402 days in compensation for a total period of detention spent in inadequate conditions from 25/04/2014 to 22/12/2019
3,000
38212/20
19/08/2020
Petru Constantin GHIRA
1988
Codlea Prison
03/03/2020
pending
More than 2 year(s) and 7 month(s) and 3 day(s)
1.93-2.58 m²
overcrowding, no or restricted access to warm water, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food
534 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 22/12/2019
3,000
[1] Plus any tax that may be chargeable to the applicants.