FOURTH SECTION
CASE OF MARINAȘ AND OTHERS v. ROMANIA
(Application nos. 18270/14 and 18 others –
see appended list)
JUDGMENT
STRASBOURG
3 May 2018
This judgment is final but it may be subject to editorial revision.
In the case of Marinaș 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 12 April 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. Some applicants also raised other complaints under the provisions of the Convention.
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 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. In application no. 18270/14 the Government raised a preliminary objection of failure to comply with the six-month time-limit claiming that the part of the applicant’s complaint concerning transport conditions between prisons or between prisons and the domestic courts’ premises had been lodged out of time. The Court observes that the transfers took place between 1999 and 2010, the complaint having been submitted to the Court more than four years later, on 3 July 2014. This part of the complaint was thus raised more than six months after the relevant events took place. Accordingly, the Courts accepts the Government’s objection in this respect and finds that this part of the application no. 18270/14 has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
8. 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).
9. 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.
10. 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 were inadequate.
11. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
12. The applicants in applications nos. 72102/14, 31116/15, 34586/15 and 36027/15 also raised other complaints under Article 3 of the Convention.
13. 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 applications must be rejected in accordance with Article 35 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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.”
15. 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), the Court considers it reasonable to award the sums indicated in the appended table.
16. 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 complaints concerning the inadequate conditions of detention, as set out in the appended table, admissible and the remainder of the applications nos. 18270/14, 72102/14, 31116/15, 34586/15 and 36027/15 inadmissible;
3. Holds that these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention;
4. 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 3 May 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
Representative 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]
18270/14
03/07/2014
Ion Marinaș
18/08/1960
Râmnicu Valcea Police Detention Centre
08/10/1999 to 08/11/1999
1 month and 1 day
Penitentiaries of Colibași, Jilava, Mărgineni, Poarta Albă, Gherla, Craiova, and Târgu Jiu
08/11/1999 to 03/02/2015
15 years and 2 months and 27 days
1.43-2.53 m²
lack of or insufficient natural light, lack of or inadequate hygienic facilities
overcrowding (save for the periods 23/02/2012 – 06/11/2012 and 29/01/2013 – 03/02/2015 while in Târgu Jiu Penitentiary), no or restricted access to shower, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, passive smoking in Jilava Penitentiary, lack of or poor quality of bedding and bed linen, poor quality of food, insufficient number of sleeping places (save for Târgu Jiu Penitentiary)
5,000
52489/14
18/08/2014
Mircea Coruțiu
02/12/1986
Timișoara Penitentiary
13/05/2014 to 25/06/2015
1 year and 1 month and 13 days
1.33-2.63 m²
Overcrowding (save for the periods 26/05/2014 – 31/05/2014, 18/06/2014 – 22/09/2014, 11/10/2014 – 29/01/2015, 23/03/2015 – 11/05/2015 and 10/02/2015 – 20/02/2015), bunk beds, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
3,000
72102/14
27/01/2015
Laurențiu-Eduard Nenciu
25/01/1966
Jilava Penitentiary
01/09/2014 to 09/01/2015
4 months and 9 days
1.86-2.48 m²
overcrowding (save for the period between 10/11/2014-16/12/2014)
1,000
73770/14
14/11/2014
Gil Neștian
15/11/1973
Constanța Police Inspectorate, Jilava Penitentiary Hospital, Penitentiaries of Poarta Albă, Jilava, Tulcea, and Slobozia
25/06/1998 to 03/03/2015
16 years and 8 months and 7 days
0.6-2.4 m²
overcrowding (save for the periods of 27/02/2014-10/03/2014 in Slobozia Penitentiary and 01/01/2010-05/07/2011 in Poarta Albă Penitentiary), insufficient number of sleeping places, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to running water, lack of or insufficient electric light, inadequate temperature, mouldy or dirty cell, poor quality of food, lack of privacy for toilet
5,000
76745/14
06/04/2015
Ionel Mitran
07/04/1981
Poarta Alba Penitentiary
23/03/2015 – pending
More than 2 years and 11 months and 14 days
1.68-2 m²
overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, lack of toiletries, inadequate temperature, no or restricted access to shower, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient natural light
3,000
12853/15
22/08/2015
Florian Vlad
31/07/1962
Irina Maria Peter
Bucharest
Bucharest Police Inspectorate no. 12, Bucharest Police Inspectorate no. 4, Rahova Penitentiary, Colibași Penitentiary, Târgu Jiu Penitentiary, Jilava Penitentiary
27/11/2009 – pending
More than 8 years and 2 months and
14 days
1.01-2.15 m²
overcrowding (save for the periods 25/08/2011-08/12/2011, 19/12/2012-14/02/2013 in Colibași Penitentiary), poor quality of food, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, bunk beds, lack of or inadequate hygienic facilities, poor quality of potable water
5,000
18870/15
30/03/2015
Gabriel Ciacâru
21/09/1954
Mărgineni Penitentiary, Rahova Penitentiary, Jilava Penitentiary and Găești Penitentiary
13/04/2012 to 30/09/2014
2 years and 5 months and 18 days
1.83-2.63 m²
overcrowding (only in Rahova, save for the period 08/05/2012-18/05/2012, and in Jilava for the period 17/02/2014 -01/04/2014), inadequate temperature, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of toiletries, lack or inadequate furniture, bunk beds, poor quality of food, mouldy or dirty cell, poor quality of potable water in Jilava Penitentiary
3,000
31116/15
02/11/2015
Gheorghe Pitică
20/04/1983
Aiud Penitentiary
15/10/2010 to 01/11/2016
6 years and 18 days
1.25-2.95 m²
overcrowding (save for the periods 05/01/2011 – 19/03/2011, 07/05/2011 – 21/02/2013, 08/03/2013 - 23/03/2015, 10/04/2015 – 02/06/2015, 18/06/2015 – 26/09/2015 and from 16/10/2015 onwards), infestation of cell with insects/rodents, lack of or insufficient natural light, mouldy or dirty cell
5,000
31993/15
19/08/2015
Ioan Alin Bugeag
15/05/1988
Timișoara Penitentiary
26/03/2015 – pending
More than 2 years and 10 months and 21 days
1.65-1.68 m²
overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen
3,000
32009/15
28/08/2015
Sebastian Popa
12/10/1990
Codlea Penitentiary
19/03/2015 – pending
More than 2 years and 10 months and 22 days
1.72-1.91 m²
Overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of fresh air
3,000
34586/15
24/08/2015
Gheorghe Lăcătuș
11/06/1965
Baia Mare Police Inspectorate and Gherla Penitentiary
15/05/2014 – pending
More than 3 years and 8 months and 26 days
1.92-2.72 m²
Overcrowding (save for the period 15/05/2014 – 12/06/2014 in Baia Mare Police Inspectorate), lack of fresh air, poor quality of food
3,000
36027/15
17/08/2015
Marian Ciotea
03/03/1982
Jilava Penitentiary Hospital
23/05/2014 to 21/12/2016
2 years and 6 months and 29 days
3.16-25.01 m²
inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of potable water, lack or inadequate furniture, lack of toiletries, no or restricted access to shower, no or restricted access to running water
3,000
36032/15
10/08/2015
Costică Onicel
13/06/1977
Miercurea Ciuc Penitentiary
26/02/2015 to 29/12/2015
10 months and 4 days
1.48-2.75 m²
Overcrowding, poor quality of food, bunk beds, lack of fresh air, 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, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient electric light
1,000
36067/15
10/08/2015
Adrian-Dorin Stroe
20/10/1982
Miercurea Ciuc Penitentiary
06/03/2014 to 24/12/2015
1 year and 9 months and 19 days
1.48-2 m²
Overcrowding, poor quality of food, bunk beds, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of toiletries
3,000
36127/15
19/08/2015
Vasile Călin
06/10/1956
Julieta
Toflea Călin
Focșani Penitentiary
07/03/2013 – pending
More than 5 years and 2 days
1.27-1.77 m²
overcrowding, poor quality of food, lack of or inadequate hygienic facilities
5,000
39102/15
25/08/2015
Florin Ali
26/05/1978
Giurgiu Police Inspectorate
30/05/2006 to 21/06/2006
23 days
Giurgiu Penitentiary
21/06/2006 to 01/10/2006
3 months and 11 days
27/02/2007 to 01/10/2014
7 years and 7 months and 5 days
Jilava Penitentiary
01/10/2006 to 27/02/2007
4 months and 27 days
01/10/2014 – pending
More than 3 years and 4 months and 9 days
3.64 m²
3.76 m²
1.65-2.71 m²
poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or inadequate hygienic facilities
poor quality of food, infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water
overcrowding, poor quality of food, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of potable water, bunk beds, infestation of cell with insects/rodents
5,000
39195/15
28/08/2015
Ionuț-Daniel Anton
28/08/1985
Rahova Penitentiary
28/05/2015 to 12/02/2016
8 months and 16 days
1.93-2.78 m²
overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to potable water, lack or inadequate furniture
1,000
40083/15
31/08/2015
Gheorghe-Cătălin Cheroiu
08/04/1979
Colibași Penitentiary
14/10/2014 to 23/12/2015
1 year and 2 months and 10 days
1.67-2.69 m²
overcrowding (save for the period 22/05/2015-04/06/2015), lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or inadequate hygienic facilities
3,000
40247/15
07/08/2015
Dănuț Tudor
08/09/1972
Cătălina
Florescu
Bucharest
Giurgiu Penitentiary
24/10/2014 to 20/07/2015
8 months and 27 days
3.31-4.66 m²
poor quality of food, no or restricted access to potable water, infestation of cell with insects/rodents
1,000
[1] Plus any tax that may be chargeable to the applicants.
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