FOURTH SECTION
CASE OF MEIANU AND OTHERS v. ROMANIA
(Application nos. 67449/14 and 19 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 Meianu 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. In application no. 53018/15, the applicant 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 applications nos. 67449/14, 50391/15 and 52233/15, the Government raised a preliminary objection of failure to comply with the six-month time-limit claiming that the parts of the applicants’ complaints concerning the initial period of their detention had been lodged out of time.
8. The Court observes that the applicant’s complaint in application no. 67449/14, concerning the initial period of his detention which was terminated by his transfer on 24 May 2012 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than two years later, on 14 April 2015.
9. The Court further notes that the applicant’s complaint in application no. 50391/15 concerning the initial period of his detention which was terminated by his release on parole on 24 June 2014 was submitted to the Court more than one year later, on 7 December 2015.
10. Finally, the Court observes that the applicant’s complaint in application no. 52233/15, about the initial period of his detention which was terminated by his transfer on 14 June 2012 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than three years later, on 9 November 2015.
11. In all three instances these parts of the applicants’ complaints were thus raised more than six months after the respective detention period had ended. Accordingly, the Court accepts the Government’s objection and finds that these parts of the applications nos. 67449/14, 50391/15 and 52233/15 have been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
12. 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).
13. 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.
14. 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.
15. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
16. In application no. 53018/15, the applicant also raised other complaints under Article 3 of the Convention.
17. The Court has examined the application 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 application must be rejected in accordance with Article 35 § 4 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. 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.”
19. 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.
20. 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. 67449/14, 50391/15, 52233/15 and 53018/15 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]
67449/14
14/04/2015
Gheorghe Meianu
15/03/1978
Târgu-Jiu Penitentiary, Colibași Penitentiary, Craiova Penitentiary, Bistrița Penitentiary
08/11/2012 to
01/07/2015
2 year (s) and
7 month(s) and 24 day(s)
1.3-
2.6 m²
Overcrowding, bunk beds, lack of fresh air, poor quality of food, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air.
3,000
40943/15
01/09/2015
Viorel Pletosu
08/03/1979
Codlea Penitentiary
06/01/2015 to
15/02/2016
1 year(s) and
1 month(s) and
10 day(s)
1.35-
2.19 m²
Overcrowding, bunk beds, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light.
3,000
41695/15
02/11/2015
Gheorghe-Alin Mitran
31/03/1989
Irina Maria Peter
Bucharest
Bucharest Police Section no. 4
21/11/2012 to
03/01/2013
1 month(s) and
14 day(s)
Rahova Penitentiary
03/01/2013 to
19/12/2014
1 year(s) and
11 month(s) and 17 day(s)
Jilava Penitentiary
19/12/2014 to
08/03/2016
1 year(s) and
2 month(s) and
19 day(s)
Rahova Penitentiary
05/04/2016
pending
More than
1 year(s) and
10 month(s) and 18 day(s)
2.71 m²
1.93-
2.73 m²
1.36-
2.67 m²
1.93-
2.73 m²
Overcrowding, poor quality of food, lack of privacy for toilet, lack of or inadequate hygienic facilities, lack of fresh air;
Overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or inadequate furniture, lack of or inadequate hygienic facilities;
Overcrowding, poor quality of food, mouldy or dirty cell, inadequate temperature, lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of potable water;
Overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of food.
5,000
44640/15
30/10/2015
Rares-Matei Ciochinaru[2]
08/07/1988
Codlea Penitentiary
03/03/2015 to
26/08/2015
5 month(s) and
24 day(s)
Miercurea Ciuc Penitentiary
26/08/2015 to
28/04/2016
8 month(s) and
3 day(s)
Codlea Penitentiary
28/04/2016
pending
More than
1 year(s) and
9 month(s) and
26 day(s)
1.67-
1.75 m²
0.91-
1.87 m²
1.67-
1.75 m²
Overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of toiletries;
Overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of toiletries;
Overcrowding, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture, lack of toiletries.
3,000
45251/15
18/11/2015
Grigori-Ștefan Stanciuc
05/07/1970
Miercurea Ciuc Penitentiary
23/07/2015 to
19/04/2016
8 month (s) and 28 day(s)
0.95-
2.54 m²
Overcrowding, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water.
1,000
47204/15
19/10/2015
Cristian Coteață
31/08/1979
Miercurea Ciuc Penitentiary
18/06/2015
pending
More than
2 year(s) and
8 month(s) and
5 day(s)
1.34-
1.75 m²
Overcrowding (save for the period 18/06/2015 – 26/06/2015), lack or inadequate furniture, poor quality of food, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water.
3,000
47568/15
19/10/2015
Cristinel Dorin
22/07/1978
Miercurea Ciuc Penitentiary
31/10/2013 to
29/04/2016
2 year(s) and
5 month(s) and
30 day(s)
0.87-
2.20 m²
Overcrowding, poor quality of food, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air.
3,000
48699/15
10/11/2015
Dănuţ-Ionel Ciocănaru
15/02/1991
Bucharest Police Inspectorate no. 6
27/09/2014 to
23/10/2014
27 day(s)
Rahova Penitentiary
23/10/2014 to
15/05/2015
6 month(s) and
23 day(s)
2.75 m²
2.14-
2.44 m²
Overcrowding, lack of fresh air, poor quality of food, lack of or inadequate hygienic facilities;
Overcrowding (save for the period 19/12/2014-15/05/2015), bunk beds, lack of or inadequate hygienic facilities, poor quality of food, lack or inadequate furniture, poor quality of potable water, no or restricted access to shower, no or restricted access to warm water.
1,000
48772/15
30/10/2015
Dinu-Olimpiu Cracană
15/06/1977
Maramureș Police Arrest Centre
23/10/2012 to
25/10/2012
3 day(s)
Gherla Penitentiary
25/10/2012
pending
More than
5 year(s) and
3 month(s) and
30 day(s)
6.81 m²
1.7 m²
Lack of fresh air, lack of or inadequate hygienic facilities;
Overcrowding (save for the period 15/04/2014 – 05/05/2014), poor quality of food, small courtyard, without a toilet, infestation of the cell with insects, lack of ventilation.
5,000
50391/15
07/12/2015
Ion Radu
17/12/1964
Cravoiova and Drobeta-Turnu-Severin Penitentiaries
02/07/2015
pending
More than
2 year(s) and
7 month(s) and
20 day(s)
0.93-
2.93 m²
Overcrowding (save for the period 02/07/2015 - 05/10/2015 in Craiova Penitentiary).
3,000
50404/15
02/11/2015
Lazăr Zlate
16/02/1971
Irina Maria Peter
Bucharest
Giurgiu Penitentiary
19/07/2006 to
30/06/2015
8 year(s) and
11 month(s) and 12 day(s)
Jilava Penitentiary
30/06/2015
pending
More than
2 year(s) and
7 month(s) and
25 day(s)
2.2-
2.6 m²
1.6-
2.5 m²
Overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents;
Overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to shower, lack or inadequate furniture, poor quality of potable water.
5,000
50515/15
18/11/2015
George Ferki
30/04/1971
Irina Maria Peter
Bucharest
Bucharest Police Inspectorate no. 7, Rahova Penitentiary,
Jilava Penitentiary Hospital,
Giurgiu Penitentiary,
Jilava Penitentiary, Drobeta-Turnu-Severin Penitentiary
17/03/2011 to
02/05/2017
6 year(s) and
1 month(s) and
16 day(s)
1.08-3.33 m²
Overcrowding in Rahova Penitentiary (save for the periods 31/08/2011-21/10/2011 and 12/04/2012-03/05/2012), and in Jilava and Drobeta-Turnu-Severin Penitentiaries, bunk beds, 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 or inadequate furniture, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, poor quality of potable water.
5,000
50910/15
03/12/2015
Ovidiu Pene
04/06/1971
Poarta Albă Penitentiary
17/08/2015 to
07/01/2016
4 month(s) and
22 day(s)
1.41-
1.82 m²
Overcrowding, bunk beds, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to shower, infestation of cell with insects/rodents.
1,000
52166/15
08/11/2015
Vasile Andrei
03/04/1978
Cluj-Napoca Police Inspectorate,
Gherla Penitentiary, Jilava Penitentiary Hospital,
Jilava Penitentiary, Bacău Penitentiary, Neamț Police Inspectorate, Rahova Penitentiary,
Iași Penitentiary, Vaslui Penitentiary
14/06/2000
pending
More than 17 year(s) and
8 month(s) and
8 day(s)
0.83-
2.95 m²
Overcrowding (save for the period 09/09/2004-08/03/2006 while housed in Rahova Penitentiary), passive smoking in Cluj County Police Inspectorate, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, bunk beds, lack of privacy for toilet, lack of or restricted access to leisure or educational activities, no or restricted access to potable water, lack or inadequate furniture, lack of toiletries, no or restricted access to shower, no or restricted access to warm water, poor quality of food.
5,000
52221/15
04/12/2015
Darius Mărilă
12/09/1986
Reșița Police Inspectorate and Timișoara Penitentiary
22/05/2015
pending
More than
2 year(s) and
8 month(s) and
29 day(s)
2.67 m²
Overcrowding (save for the period starting from 02/12/2015 onwards in Timisoara Penitentiary), lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of toiletries, bunk beds, poor quality of food, lack of or insufficient natural light, lack of fresh air.
3,000
52233/15
09/11/2015
Alexandru Cojocaru
18/09/1992
Craiova and Rahova Penitentiary
13/06/2013
pending
More than
4 year(s) and
8 month(s) and
7 day(s)
0.98-
2.79 m²
Overcrowding (save for the period 19/09/2013-10/10/2013 in Rahova Penitentiary), infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of fresh air.
3,000
53018/15
09/11/2015
Ioan Lupu
27/09/1966
Slobozia Penitentiary
21/11/2013 to
12/05/2014
5 month(s) and
22 day(s)
Poarta Albă Penitentiary
12/05/2014
pending
More than
3 year(s) and
9 month(s) and
10 day(s)
2.13-
2.34 m²
1.41-
2.89 m²
overcrowding, lack of fresh air, lack or inadequate furniture
Overcrowding, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to shower, no or restricted access to warm water, lack of toiletries.
3,000
53404/15
03/12/2015
Pál László
13/09/1988
Miercurea Ciuc Penitentiary
06/02/2014 to
18/03/2016
2 year(s) and
1 month(s) and 13 day(s)
1.46-
1.83 m²
Overcrowding, poor quality of food, bunk beds, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack of or inadequate hygienic facilities.
3,000
59385/15
24/11/2015
Sorin-Doru Strugar
19/06/1968
Ioan Bulboacă
Suceava
Iași Penitentiary
08/04/2015 to
21/01/2016
9 month(s) and
14 day(s)
1.18-
2.5 m²
Overcrowding, insufficient number of sleeping places, lack of fresh air, lack of or insufficient natural light, lack of or inadequate hygienic facilities.
1,000
61744/15
03/12/2015
Neculai Scurtu
21/11/1981
Craiova Penitentiary
08/05/2014 to
03/11/2016
2 year(s) and
5 month(s) and
27 day(s)
1.19-
1.53 m²
Overcrowding, infestation of cell with insects/rodents, bunk beds.
3,000
[1] Plus any tax that may be chargeable to the applicants.
[2] Rectified on 31 July 2018: the text was “07/08/1988”
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