FOURTH SECTION
CASE OF ILIAȘ AND OTHERS v. ROMANIA
(Application no. 7219/14 and 26 other applications)
JUDGMENT
This judgment was revised in accordance with Rule 80 of the Rules of Court in a judgment of 7 March 2019.
STRASBOURG
8 March 2018
This judgment is final but it may be subject to editorial revision.
In the case of Iliaș and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 15 February 2018,
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 applications were communicated to the Romanian Government (“the Government”).
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
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
6. 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 ‑141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑159, 10 January 2012).
8. In the pilot 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 cases.
9. 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 cases the applicants’ conditions of detention were inadequate.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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.”
12. Regard being had to the documents in its possession and to its case‑law (see, in particular, Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017, §§ 78-79), the Court considers it reasonable to award the sums indicated in the appended table.
13. The Court 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,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that they disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;
5. 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 8 March 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant name
Date of birth
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]
7219/14
14/07/2014
Ioan Iliaș
24/06/1970
Mărgineni Penitentiary
20/02/2012 to
09/12/2014
2 years and 9 months and 19 days
1.8 - 2.3 m²
overcrowding, no or restricted access to potable water, lack of fresh air, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack or inadequate furniture, mouldy or dirty cell, lack of toiletries, inadequate temperature
3,000
17121/14
25/03/2014
Ioan Mich
01/03/1963
Maramureș Police Inspectorate, Gherla, Rahova and Baia Mare Penitentiaries
08/10/2012 to
13/09/2016
3 years and 11 months and 6 days
1.3 - 2.7 m²
overcrowding, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of fresh air, lack or inadequate furniture, no or restricted access to shower, 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, lack or insufficient quantity of food, poor quality of food, two concrete beds, lack of or insufficient natural light, inadequate transport conditions
3,000
32843/14
22/07/2014
Cătălin-Vasile Brumă
27/09/1977
Cluj Police Inspectorate, Gherla, Bistrița Penitentiaries
19/01/2013 to
30/06/2015
2 years and 5 months and 10 days
1.2 - 2.1 m²
overcrowding (save for the period of 08/10/2014 – 11/02/2015), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of toilet in the courtyard, poor quality of food
3,000
48916/14
31/07/2014
Romeo Gavril Rostaș
17/12/1979
Gherla Penitentiary
20/07/2012
pending
More than 5 years and 4 months and 17 days
2,2 m²
overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of fresh
air
5,000
54119/14
29/05/2015
Aldisio Andrea Zappa
06/03/1954
Oradea, Arad and Aiud Penitentiaries
26/04/2012
pending
More than 5 years and 7 months and 9 days
2 - 2.9 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, inadequate transport conditions, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, mouldy or dirty cell, lack or inadequate furniture
5,000
60427/14
06/10/2014
Bogdănel Ion Drăgan
10/11/1977
Aiud, Arad Penitentiaries Rahova Hospital Penitentiary
14/10/2013
Pending
More than 4 years and 1 month and 23 days
1.5 m²
overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water, inadequate temperature
3,000
71181/14
26/12/2014
Ștefan-Marian Machedon
03/08/1974
Miercurea Ciuc Penitentiary
17/12/2015
pending
More than 1 year and 11 months and 25 days
1.5 - 1.7 m²
overcrowding, lack of or inadequate furniture, lack of or inadequate hygienic facilities, mouldy or dirty cell
3,000
78237/14
13/01/2015
Măzărel Bălan
27/06/1961
Iași Penitentiary
07/08/2014
pending
More than 3 years and 4 months
1.2 - 2.4 m²
overcrowding, infestation of cell with insects/rodents, inadequate temperature, lack of or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, no or restricted access to warm water
3,000
11696/15
03/03/2015
Niculai Tînjelaru
16/01/1968
Bucharest Central Arrest, Rahova, Colibași, Jilava Penitentiaries
03/10/2010
pending
More than 7 years and 2 months and 2 days
1 - 2.9 m²
overcrowding, lack of fresh air, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of food, poor quality of potable water, lack of or inadequate furniture, infestation of cell with insects/rodents
5,000
17945/16
21/04/2016
15551/15
27/04/2015
Costin-Ioan Bucur
11/05/1979
Miercurea Ciuc Penitentiary
20/02/2015 to
12/06/2015
3 months and 24 days
1.3 - 2 m²
overcrowding, poor quality of food, lack of or inadequate furniture, mouldy or dirty cell, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air
1,000
19789/15
18/06/2015
Ionel Rizan
08/07/1978
Slobozia Penitentiary
14/10/2014 to
13/07/2015
9 months
1.6 - 2.2 m²
overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, poor quality of food, poor quality of potable water, lack of or poor quality of bedding and bed linen, lack of or inadequate furniture
1,000
25003/15
30/12/2015
Octavian-Alexandru Vrapciu
08/06/1974
Represented by Bizău Victoriţa,
Schwanstetten
Buzău Police Inspectorate, Penitentiaries of Mândrești (Focșani) and Mărgineni
23/08/2014
pending
More than 3 years and 3 months and 12 days
1.3 - 2 m²
overcrowding, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, lack of privacy for toilet, lack of fresh air, poor quality of food
3,000
30271/15
10/02/2016
Robert-Marian Predoi
11/06/1986
Rahova, Aiud Penitentiaries
20/11/2014 to
27/06/2016
1 year and 7 months and 8 days
1.9 - 2.6 m²
overcrowding (save for the period of 12/11/2015 – 27/06/2016), lack of furniture, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of or inadequate furniture
3,000
39844/15
23/09/2015
Eduard Gabriel Mihai
21/08/1991
Penitentiaries of Mărgineni, Tichilești, Ploiești and Găești
22/02/2012 to
01/11/2016
4 years and 8 months and 11 days
1.4 - 2.7 m²
overcrowding, lack of or insufficient natural light, inadequate temperature, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, lack of fresh air, no or restricted access to toilet
3,000
43775/15
22/09/2015
Vasile-Adrian Oachiș
13/08/1971
Represented by Ilie Gina-Nicoleta
Bucharest
Gherla Penitentiary
22/05/2014 to
22/06/2016
2 years and 1 month and 2 days
1.8 - 2.9 m²
overcrowding, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of fresh air
3,000
48443/15
26/11/2015
Gigi-Costel Teodorov
26/12/1977
Tulcea Penitentiary
23/10/2014
pending
More than 3 years and 1 month and 19 days
1.7 - 1.8 m²
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of privacy for toilet, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, inadequate temperature, poor quality of food, lack of or inadequate furniture
3,000
49062/15
13/10/2015
Claudiu-Costel Corduneanu
20/05/1985
Bacău, Iași, Vaslui Penitentiaries
23/10/2014
pending
More than 3 years and 1 month and 12 days
1.2 -2.1 m²
overcrowding, insufficient number of sleeping places, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, lack of fresh air, no or restricted access to running water, lack of or inadequate furniture
3,000
52291/15
26/11/2015
Alin-Corneliu Albert
23/07/1991
Miercurea Ciuc Penitentiary
30/09/2013
pending
More than 4 years and 2 months and 12 days
1.5 - 1.7 m²
overcrowding, lack of or inadequate furniture, lack of or inadequate hygienic facilities
3,000
52882/15
07/03/2016
Victor-Bogdan Duduman
22/06/1983
Represented by Peter Irina Maria
Bucharest
Bucharest Central Police Arrest and Penitentiaries of Rahova, Giurgiu and Jilava
07/09/2012
pending
More than 5 years and 3 months and 5 days
1.4 -2.1 m²
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, inadequate temperature, lack of fresh air, poor quality of food
5,000
53007/15
20/11/2015
Daniel Varga
17/11/1984
Gherla Penitentiary
04/03/2009
pending
More than 8 years and 9 months and 10 days
1.9 - 2.7 m²
overcrowding, no or restricted access to toilet, lack of or inadequate hygienic facilities, lack of or insufficient natural light, mouldy or dirty cell
5,000
55564/15
26/11/2015
Petre-Alin Gabor
31/08/1987
Miercurea Ciuc Penitentiary
14/01/2013 to
05/02/2016
3 years and 23 days
1.5 -1.8 m²
overcrowding, lack of fresh air, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, mouldy or dirty cell
3,000
55581/15
08/12/2015
Daniel-Georginel Ion
28/05/1986
Penitentiaries of Ploiești, Aiud, Codlea, Miercurea Ciuc and Mărgineni
25/06/2010
pending
More than 7 years and 5 months and 18 days
1.45 - 2.1 m²
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, lack of fresh air, poor quality of food
5,000
56698/15
08/03/2016
Gabriel-Lili Gorgos
19/09/1977
Iași, Vaslui Penitentiaries
27/05/2015
pending
More than 2 years and 6 months and 16 days
1.3 - 2.9 m²
overcrowding, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or restricted access to leisure or educational activities
3,000
59198/15
09/02/2016
Marian-Dan Sălăgean
29/01/1987
Aiud Penitentiary
31/05/2010 to
10/05/2016
5 years and 11 months and 11 days
1.6 - 2.5 m²
overcrowding, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities, mouldy or dirty cell, lack of or insufficient natural light, lack of or inadequate furniture, lack of or inadequate hygienic facilities, lack of privacy for toilet, inadequate temperature
5,000
61143/15
25/02/2016
Mihai Farcașanu
01/04/1957
Neamț Police Inspectorate, Bacău, Vaslui Penitentiaries
07/10/2014
pending
More than 3 years and 2 months and 6 days
2 - 2.9 m²
overcrowding, inadequate and insufficient furniture, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of privacy for toilet
3,000
9517/16
07/03/2016
Daniel Enache
26/02/1988
Miercurea Ciuc Penitentiary
25/04/2013
pending
More than 4 years and 7 months and 18 days
1.3 - 1.9 m²
overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack of or inadequate furniture, lack of or restricted access to leisure or educational activities, lack of or insufficient natural light, poor quality of food
3,000
[1] Plus any tax that may be chargeable to the applicants.
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