FOURTH SECTION
CASE OF MARIUS-SILVIU POPESCU AND OTHERS v. ROMANIA
(Application no. 53013/15 and 9 other applications -
see appended list)
JUDGMENT
STRASBOURG
16 May 2019
This judgment is final but it may be subject to editorial revision.
In the case of Marius-Silviu Popescu and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 25 April 2019,
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 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, 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.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. 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), 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 these applications 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 16 May 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
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’s name
Date 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]
53013/15
11/11/2015
Marius-Silviu Popescu
20/03/1971
Irina Maria Peter
Bucarest
Bucharest 13th Police Section and Rahova, Giurgiu and Jilava Prisons
13/06/2013 to
19/01/2016
2 years, 7 months and 7 days
1.5 – 2.4 m²
Overcrowding (save for the period between 30/05/2014-11/08/2014 and between 13/08/2014-29/05/2015), bunk beds, lack of privacy for toilet, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of or inadequate furniture, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient physical exercise in fresh air (save for Giurgiu Prison), infestation of cell with insects/rodents, inadequate temperature, no or restricted access to potable water
3,000
56330/15
29/02/2016
Gherase Anton
27/10/1969
Irina Maria Peter
Bucarest
Jilava Prison
18/06/2015
pending
More than 3 years, 9 months and 4 days
2 m²
Overcrowding (between 18/06/2015 - 25/09/2015), poor quality of potable water, poor quality of food, infestation of cell with insects/rodents
3,000
62385/15
17/02/2016
Dumitru Chipcea
01/09/1961
Vaslui Police Arrest and Vaslui and Iași Prisons
10/12/2008
18/03/2019
10 years, 3 months and 9 days
1.2 - 2.4 m²
Overcrowding, insufficient number of sleeping places (between 27/03/2009 - 11/06/2009), no or restricted access to toilet, no or restricted access to shower, lack of or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of food, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air
5,000
1372/16
22/01/2016
Constantin Alecu
06/05/1992
Codlea Prison
19/06/2015 to
10/12/2015
5 months and 22 days
Miercurea Ciuc Prison
10/12/2015
pending
More than 3 years, 3 months and 11 days
1.5 m²
1.7 - 1.8 m²
Overcrowding, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents
Overcrowding, poor quality of food, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air
3,000
2434/16
01/02/2016
Vasilică Radu
12/06/1967
Bucharest Central Arrest
27/09/2013 to
09/10/2013
13 days
Bucharest Police Section no. 6
09/10/2013 to
05/11/2013
28 days
Rahova, Giurgiu and Jilava Prisons
05/11/2013
pending
More than 5 years, 4 months and 17 days
2.3 m²
2.4 m²
1.8-2.8 m²
Overcrowding, lack of privacy for toilet, lack of fresh air
Overcrowding
Overcrowding, lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate furniture, poor quality of potable water
5,000
4062/16
15/02/2016
Liviu Moldovan
24/09/1963
Aiud, Arad, Colibași, Codlea, Mărgineni, Iași, Poarta Albă, Rahova, Slobozia, Craiova, Gherla, Miercurea Ciuc, Bistrița, Oradea, Timișoara, Deva Prisons
17/04/1997
pending
More than 21 years, 11 months and 5 days
1.2 - 2.9 m²
Overcrowding (save for the period between 14/03/2011-26/04/2011 and between 18/07/2014-25/09/2014), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, lack of or inadequate furniture, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to shower, inadequate temperature, lack of or insufficient physical exercise in fresh air, insufficient number of sleeping places
5,000
5448/16
18/03/2016
Adrian Călin
18/02/1982
Bacău Police Arrest, Bacău, Iași, Tulcea and Vaslui Prisons and Târgu Ocna Prison Hospital
12/09/2011 -
pending
More than 7 years, 6 months and 8 days
1.2 – 2.9 m²
Overcrowding (save for the period between 12/09/2011–06/12/2011 and between 07/09/2012-28/09/2012), lack of privacy for toilet (Bacău Police Arrest), lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air (Bacău Police Arrest)
5,000
12414/16
05/04/2016
Vlad Papazul
30/04/1976
Irina Maria Peter
Bucarest
Bucharest 6th Police Arrest
08/09/2015 to
13/10/2015
1 month and 6 days
Rahova Prison
13/10/2015 to
19/09/2016
11 months and 7 days
Rahova Prison
01/03/2019
pending
More than 26 days
2.3 m²
1.9 m²
1.9 m²
Overcrowding, no place to serve meal, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food
Overcrowding (save for the period between 03/11/2015 - 19/09/2016), poor quality of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of toiletries, inadequate temperature, lack of fresh air
Overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of toiletries, inadequate temperature, lack of fresh air
3,000
20627/16
31/05/2016
Cristian Chiriac
24/12/1979
Galați Prison
11/03/2013 to
03/09/2018
5 years, 5 months and 24 days
1.2-2.2 m²
Overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to potable water, lack of fresh air, poor quality of food
5,000
59876/16
05/10/2016
Andrei-Romulus Cazac
01/08/1988
Virág Sándor
Sfântu Gheorghe
Brașov Police Arrest, Codlea and Miercurea Ciuc Prisons
16/02/2016
pending
More than 3 years, 1 month and 4 days
1.2 - 2.2 m²
Overcrowding (save for the period between 16/02/2016-17/03/2016), no or restricted access to potable water, bunk beds, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents
3,000
[1]. Plus any tax that may be chargeable to the applicants.
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