FOURTH SECTION
CASE OF MOLDOVAN AND OTHERS v. ROMANIA
(Applications nos. 45619/16 and 13 others – see appended list)
JUDGMENT
STRASBOURG
21 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Moldovan and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 31 August 2023,
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 principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
7. As regards the admissibility of applications nos. 49755/16, 53100/16, 53478/16, 63493/16, 64738/16, 65956/16, 73258/16, 1660/17, 2204/17, and 4611/17, the Government raised a preliminary objection concerning the loss of the victim status by the applicants for certain periods of detention specified in the appended table because they had been afforded adequate redress based on Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences for those specific periods of detention.
8. The Court notes that the domestic remedy introduced in respect of the inadequate conditions of detention in Romania and applicable until December 2019 was held to be an effective one in the case of Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, §§ 23-33, 15 April 2020). This remedy was available to the abovementioned applicants, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
9. Therefore, the Court accepts the Government’s objection and finds that certain parts of applications nos. 49755/16, 53100/16, 53478/16, 63493/16, 64738/16, 65956/16, 73258/16, 1660/17, 2204/17, and 4611/17 (see for the relevant details the appended table) are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
10. Turning to the remaining periods of the applicants’ detention the details of which are indicated in the appended table, the Court notes that the applicants were kept in detention in poor conditions. 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).
11. 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.
12. 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 during the respective periods (see for further details appended table) were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 45619/16, 73258/16 and 17627/17, the applicants also raised additional complaints under Article 3 of the Convention related to the conditions of their detention during other periods.
15. The Court has examined these complaints 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 CONVENTION16. 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.”
17. 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.
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 there has been 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 21 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
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
Domestic compensation awarded (in days) based on total period calculated by national authorities
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
45619/16
05/09/2016
Ioan-Florin MOLDOVAN
1984
Ioan Lazăr
Alba Iulia
Târgu Mureș Prison
04/05/2016 to
29/08/2016
3 month(s) and 26 day(s)
1.77 – 1.91 m²
overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell
1,000
49755/16
21/10/2016
Andrei-Cosmin BISIOC
1984
Gherla Prison
23/12/2019
pending
More than 3 year(s) and 5 month(s) and 22 day(s)
- m²
overcrowding, no or restricted access to warm water, lack or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air
468 days in compensation for a total period of 2,467 days spent in detention in inadequate conditions between 22/03/2013 – 22/12/2019
3,000
53100/16
29/09/2016
Florin-Dorel ANGHELUŞ
1978
Arad County Police Station; Arad, Timișoara and Jilava Prisons; Rahova and Mioveni Prison Hospitals
22/06/2002 to
23/07/2012
10 year(s) and 1 month(s) and 2 day(s)
Timișoara Prison
23/12/2019 to
12/01/2021
1 year(s) and 21 day(s)
2.04 – 2.9 m²
overcrowding (save for the periods between 31/05/2004‑16/02/2006, 03/03/2006-07/03/2006, and 17/01/2007-23/07/2012), lack of privacy for toilet, no or restricted access to running water, poor quality of potable water, poor quality of food, infestation of cell with insects/rodents
222 days in compensation for a total period of 2,709 days spent in detention in inadequate conditions between 24/07/2012 – 22/12/2019
5,000
53478/16
26/09/2016
Marin ACHIŢEI
1975
Botoșani County Police Station; Botoșani, Iași, Tulcea, Jilava and Craiova Prisons; Jilava Prison Hospital
20/10/2000 to
23/07/2012
11 year(s) and 9 month(s) and 4 day(s)
Botoșani Prison
23/12/2019 to
03/02/2020
1 month(s) and 12 day(s)
Iași Prison
07/01/2021
pending
More than 2 year(s) and 5 month(s) and 7 day(s)
1.28 – 2.21 m²
overcrowding (save for the periods between 14/12/2000-25/01/2001, and 06/07/2010‑08/07/2010), mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to shower, inadequate temperature, poor quality of food
534 days in compensation for a total period of 2,709 days spent in detention in inadequate conditions between 24/07/2012 – 22/12/2019
5,000
58249/16
07/11/2016
Dumitru MARDARE
1955
Aiud, Baia Mare, Dâmbovița (Mărgineni), Miercurea Ciuc, Iași and Vaslui Prisons
25/05/2016 to
10/05/2017
11 month(s) and 16 day(s)
- m²
overcrowding, mouldy or dirty cell, bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents
1,000
59925/16
07/10/2016
Ciprian CONSTANDACHE
1981
Ionela Mărgărit
Bucharest
Galați, Tulcea and Brăila Prisons
07/01/2015 to
25/04/2017
2 year(s) and 3 month(s) and 19 day(s)
1.5 - 2.9 m²
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to potable water, no or restricted access to running water, lack of fresh air, lack of or insufficient natural light
3,000
63493/16
06/02/2017
Ludovic VASZI
1979
Vasile Rareş Biro
Satu Mare
Arad Prison
14/03/2016 to
28/08/2016
5 month(s) and 15 day(s)
3.87 – 4.35 m²
lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of fresh air, lack of or poor quality of bedding and bed linen
138 days in compensation for a total period of 1,238 days spent in detention in inadequate conditions between 18/10/2015 – 30/05/2018 (save for the period between 14/03/2016 – 28/08/2016)
1,000
64738/16
28/11/2016
Migdal ION
1963
Bucharest General Police Inspectorate; Jilava, Rahova, Giurgiu and Focșani Prisons; Mioveni Prison Hospital
30/09/2008 to
23/07/2012
3 year(s) and 9 month(s) and 24 day(s)
1.24 – 2.96 m²
overcrowding (save for the period between 19/12/2010-21/12/2010), lack or inadequate furniture, no or restricted access to potable water, no or restricted access to shower, no or restricted access to toilet, lack of or insufficient natural light
396 days in compensation for a total period of 2,003 days spent in detention in inadequate conditions between 24/07/2012 – 16/01/2018
3,000
65956/16
08/12/2016
Dumitru NICHESCU
1983
Arad Prison
04/08/2014 to
11/05/2015
9 month(s) and 8 day(s)
Arad Prison
14/05/2015 to
18/08/2016
1 year(s) and 3 month(s) and 5 day(s)
Arad Prison
01/02/2019 to
21/10/2019
8 month(s) and 21 day(s)
Drobeta-Turnu Severin Prison
23/12/2019 to
21/10/2020
9 month(s) and 29 day(s)
- m²
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of fresh air, infestation of cell with insects/rodents
228 days in compensation for a total period of 1,139 days spent in detention in inadequate conditions between 21/01/2014 – 22/12/2019 (save for the periods between 04/08/2014 – 11/05/2015, 14/05/2015 – 18/08/2016, and 01/02/2019 – 21/10/2019)
3,000
73258/16
23/11/2016
Aurel TALPOS-LACATOS
1977
Vasile Rareş Biro
Satu Mare
Arad Prison
23/07/2015 to
27/08/2015
1 month(s) and 5 day(s)
Arad Prison
30/09/2015 to
27/06/2016
8 month(s) and 29 day(s)
Satu Mare, Oradea, Gherla and Arad Prisons
23/12/2019
pending
More than 3 year(s) and 5 month(s) and 30 day(s)
1.3 – 2.68 m²
overcrowding (save for the periods between 23/07/2015‑27/08/2015 and 30/09/2015-27/06/2016), lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents
456 days in compensation for a total period of 2,304 days spent in detention in inadequate conditions between 24/07/2012 – 22/12/2019 (save for the periods between 23/07/2015 – 27/08/2015 and 30/09/2015 – 27/06/2016)
3,000
76288/16
26/01/2017
Eugen NIȚU
1965
Deceased in 2020
Dâmbovița (Mărgineni) and Ploieşti Prisons
26/09/2013 to
21/03/2017
3 year(s) and 5 month(s) and 24 day(s)
- m²
overcrowding, lack of or inadequate hygienic facilities, poor quality of food, no or restricted access to shower, no or restricted access to water
3,000
2204/17
27/02/2017
Florică DUMITRU
1965
Giurgiu County Police Station; Giurgiu Prison
22/04/2010 to
20/05/2011
1 year(s) and 29 day(s)
Giurgiu Prison
26/05/2011 to
23/07/2012
1 year(s) and 1 month(s) and 28 day(s)
Giurgiu Prison
23/12/2019 to
03/02/2020
1 month(s) and 12 day(s)
Giurgiu Prison
05/02/2020 to
06/07/2021
1 year(s) and 5 month(s) and 2 day(s)
Giurgiu and Mioveni Prisons
09/07/2021
pending
More than 1 year(s) and 11 month(s) and 18 day(s)
2.09 m²
overcrowding (save for the periods between 20/12/2010-08/02/2011, 23/12/2019-03/02/2020, 05/02/2020-14/03/2021, and 22/09/2021-pending), lack of or inadequate hygienic facilities, lack of fresh air, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents
528 days in compensation for a total period of 2,652 days spent in detention in inadequate conditions between 24/07/2012 – 22/12/2019
5,000
4611/17
19/12/2016
Răzvan LINGURAR
1987
Vasile Rareş Biro
Satu Mare
Bihor County Police Station
08/09/2015 to
08/10/2015
1 month(s) and 1 day(s)
2.62 – 2.64 m²
overcrowding, bunk beds, lack of privacy for toilet, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents
150 days in compensation for a total period of 756 days spent in detention in inadequate conditions between 09/10/2015 – 01/11/2017
1,000
17627/17
22/03/2017
Marian ȚURLESCU
1969
Tulcea Prison
23/12/2019
pending
More than 3 year(s) and 6 month(s) and 6 day(s)
2.05 – 2.6 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to warm water, poor quality of food, lack of toiletries
3,000
[1] Plus any tax that may be chargeable to the applicants.