FOURTH SECTION
CASE OF GRECU AND OTHERS v. ROMANIA
(Application no. 73686/16 and 9 others –
see appended list)
JUDGMENT
STRASBOURG
10 February 2022
This judgment is final but it may be subject to editorial revision.
In the case of Grecu 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 Depty Section Registrar,
Having deliberated in private on 20 January 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 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 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).
8. 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.
9. 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, as described in the appended table below, were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In applications nos. 9179/17, 13242/17, 14064/17, 46683/17 and 49808/17 the applicants also raised other complaints under Article 3 of the Convention.
12. The Court has examined these applications 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 CONVENTION13. 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.”
14. 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.
15. 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;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 10 February 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
{signature_p_2}
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
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant
(in euros)[1]
73686/16
02/02/2017
Marian GRECU
1970
Jilava Prison
07/05/2015 to
17/11/2016
1 year(s) and 6 month(s) and 11 day(s)
1.79-2.20 m²
overcrowding (save for 09‑10/06/2016), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, lack of or insufficient quantity of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack of toiletries, lack or inadequate furniture, mouldy or dirty cell, no or insufficient disinfection of barbering and haircutting tools, no or restricted access to warm water, poor quality of food, poor quality of potable water
3,000
7337/17
21/02/2017
Cengiz CATALTEPE
1986
Irina Maria Peter
Bucharest
Bucharest Central Arrest, Bucharest Police detention facility no. 4, Rahova, Jilava and Găesti Prisons
13/03/2014 to
26/01/2017
2 year(s) and 10 month(s) and 14 day(s)
1.35-2.76 m²
overcrowding (save for 06‑07/10/2016), infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, mouldy or dirty cell, poor quality of food, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air, lack of fresh air, lack of or insufficient natural light, constant electric light, lack of or inadequate hygienic facilities, poor quality of potable water
3,000
9179/17
27/02/2017
Ionel-Florin COSTACHE
1980
Tulcea and Jilava Prisons
23/05/2016 to
27/02/2017
9 month(s) and 6 day(s)
Jilava Prison
16/03/2017-30/05/2017
2 month(s) and 14 day(s)
1.39-2.08 m²
1.30-1.60 m²
overcrowding
overcrowding
1,000
11047/17
03/02/2017
Oancea ANTON
1962
Ionela Mărgărit
Bucharest
Brăila, Galaţi and Tulcea Prisons
21/12/2006 to
28/12/2016
10 year(s) and 8 day(s)
1.16-2.25 m²
overcrowding (save for 27/02‑04/03/2012), poor quality of food, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of potable water, no or restricted access to running water, mouldy or dirty cell, bunk beds, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to warm water, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air
5,000
12613/17
06/02/2017
Florin ARDELEAN
1987
Vasile Rareş Biro
Satu Mare
Rahova, Jilava and Satu Mare Prisons
08/05/2015 to
28/12/2016
1 year(s) and 7 month(s) and 21 day(s)
1.17-2.06 m²
overcrowding (save for 08‑28/05/2015), lack of or inadequate hygienic facilities, poor quality of food, lack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, mouldy or dirty cell, inadequate temperature
3,000
13242/17
28/03/2017
Daniel POPESCU
1982
Rahova and Jilava Prisons
25/11/2014 to
30/03/2017
2 year(s) and 4 month(s) and 6 day(s)
1.51-2.45 m²
overcrowding (save for 03‑05/02/2015), lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, no or restricted access to potable water, no or restricted access to toilet, lack of or insufficient natural light, lack of fresh air, poor quality of food, poor quality of potable water, inadequate temperature, no or restricted access to shower, no or restricted access to warm water, lack of toiletries, infestation of cell with insects/rodents, bunk beds, lack of or restricted access to leisure or educational activities
3,000
14064/17
05/03/2017
Gheorghe PUTINEANU
1977
Irina Maria Peter
Bucharest
Jilava and Găeşti Prisons
12/06/2015 to
30/11/2016
1 year(s) and 5 month(s) and 19 day(s)
1.36-2.64 m²
overcrowding (save for 11/07‑05/08/2016; 11/08-30/11/2016), bunk beds, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack or inadequate furniture, inadequate temperature, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to running water, lack of or insufficient physical exercise in fresh air
3,000
46055/17
19/06/2017
Robert RĂSCĂRACHE
1988
Andreea-Gabriela Cadar
Galați
Slobozia, Rahova and Poarta Albă Prisons; Poarta Albă Prison Hospital
09/11/2011 to
19/04/2017
5 year(s) and 5 month(s) and 11 day(s)
1.23-2.94 m²
overcrowding (save for 23-25/09/2013; 31/03-14/04/2015), bunk beds, lack of or inadequate hygienic facilities, poor quality of potable water, no or restricted access to running water, lack of toiletries, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack of or insufficient electric light, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or restricted access to leisure or educational activities, lack of privacy for toilet, no or restricted access to toilet, no or restricted access to warm water, no or restricted access to shower, no or restricted access to potable water, lack of fresh air
5,000
46683/17
22/06/2017
Nicolae GAVRILESCU
1976
Andreea-Gabriela Cadar
Galați
Poarta Albă and Rahova Prisons
06/10/2016 to
23/01/2017
3 month(s) and 18 day(s)
1.76-2.08 m²
overcrowding (save for 20‑23/01/2017), poor quality of potable water, no or restricted access to warm water, no or restricted access to shower, mouldy or dirty cell, lack of or insufficient electric light, lack of fresh air, inadequate temperature, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to toilet, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen
1,000
49808/17
30/06/2017
Daniel RADU
1981
Andreea-Gabriela Cadar
Galați
Poarta Albă Prison
21/06/2016 to
05/01/2017
6 month(s) and 16 day(s)
Slobozia Prison
16/01/2017 to
13/02/2017
28 day(s)
Poarta Albă Prison
02/03/2017 to
11/05/2017
2 month(s) and 9 day(s)
1.49-1.71 m²
-
1.89-2.00 m²
overcrowding, bunk beds, no or restricted access to running water, no or restricted access to warm water, no or restricted access to shower, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or insufficient quantity of food, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of potable water
poor quality of potable water, no or restricted access to toilet, lack of or inadequate hygienic facilities, no or restricted access to warm water, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
overcrowding, bunk beds, no or restricted access to running water, no or restricted access to warm water, no or restricted access to shower, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of or insufficient electric light, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of or inadequate hygienic facilities, lack of toiletries, poor quality of potable water, no or restricted access to toilet
1,000
[1] Plus any tax that may be chargeable to the applicants.