FOURTH SECTION
CASE OF RACOLTEA AND OTHERS v. ROMANIA
(Application no. 70116/13 and 17 others -
see appended list)
JUDGMENT
STRASBOURG
8 February 2018
This judgment is final but it may be subject to editorial revision.
In the case of Racoltea 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 18 January 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. 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 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. REMAINING COMPLAINTS
11. The applicants in applications nos. 78594/14, 49885/15, 52028/15, 52162/15, 52225/15, 52388/15, 56194/15, 4225/16, 4416/16, 5599/16, 6769/16 also raised other complaints under Article 3 of the Convention.
12. 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
13. 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.”
14. In application no. 70116/13 the applicant claimed 20,000 EUR for non-pecuniary damage. 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 and to dismiss the remainder of the applicant’s claim for just satisfaction in application no. 70116/13.
15. 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. 78594/14, 49885/15, 52028/15, 52162/15, 52225/15, 52388/15, 56194/15, 4225/16, 4416/16, 5599/16, 6769/16 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.
5. Dismisses the remainder of the applicant’s claim for just satisfaction in application no. 70116/13.
Done in English, and notified in writing on 8 February 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 non-pecuniary damage per applicant
(in euros)[1]
70116/13
09/10/2013
Mannix-Mihai Racoltea
30/09/1972
Codlea Penitentiary
16/08/2012 to
02/08/2013
11 month(s) and 18 day(s)
Rahova Penitentiary
02/08/2013 to
02/10/2013
2 month(s) and 1 day(s)
Codlea Penitentiary
02/10/2013 to
11/10/2013
10 day(s)
Rahova Penitentiary
11/10/2013 to
20/01/2014
3 month(s) and 10 day(s)
Miercurea Ciuc Penitentiary
20/01/2014 to
14/12/2015
1 year(s) and 10 month(s) and 25 day(s)
Codlea Penitentiary
14/12/2015
pending
More than 1 year(s) and 10 month(s) and 17 day(s)
1.7 m²
2 m²
1.7 m²
2 m²
1.4-6 m²
overcrowding, lack of a proper place for serving food - there was a table for 4 people, not enough space for all 15
overcrowding, lack of a proper place for serving food, lack of ventilation
overcrowding, lack of a proper place for serving food - there was a table for 4 people, not enough space for all 15
overcrowding, lack of a proper place for serving food, lack of ventilation
overcrowding, insufficient places to serve meals, insufficient sanitary facilities, lack of privacy for toilet, no or restricted access to warm water, no or restricted access to shower, lack of an adequate place to store goods
insufficient places to serve meals, lack of an adequate place to store goods, no or restricted access to toilet, no or restricted access to warm water, lack of or insufficient natural light
5,000
77833/14
20/03/2015
78594/14
16/02/2015
Costel-Lucian Stoica
17/06/1979
Rahova Penitentiary
21/05/2004 to
21/01/2009
4 year(s) and 8 month(s) and 1 day(s)
Giurgiu Penitentiary
21/01/2009 to
01/09/2014
5 year(s) and 7 month(s) and 12 day(s)
1.9 - 2.4 m²
2.6 m²
overcrowding
Overcrowding (save for the period 20/06/2012 - 01/09/2014), infestation of cell with insects/rodents, poor quality of food, lack of or inadequate hygienic facilities
5,000
41101/15
28/10/2015
Bogdan-Eugen Nițoi
16/05/1978
Mărgineni, Rahova, Jilava, Ploiești, Găești Penitentiaries
09/08/2010
pending
More than 7 year(s) and 3 month(s) and 7 day(s)
1.1 - 2.7 m²
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of an adequate isolation of the cell (infiltration of rain in the cell)
5,000
49885/15
28/09/2015
Marian Lupașcu
26/05/1985
Iași, Miercurea Ciuc, Vaslui Penitentiaries
01/10/2013
pending
More than 4 year(s) and 1 month(s) and 16 day(s)
1,2 - 2,4 m²
overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of or restricted access to leisure or educational activities
3,000
52028/15
28/12/2015
Gheorghe Prusel
04/11/1977
Peter Irina Maria
Bucharest
Bucharest Central Police Arrest, Mărgineni, Rahova, Giurgiu, Aiud, Gherla, Jilava Penitentiaries
08/06/2004
pending
More than 13 year(s) and 5 month(s) and 10 day(s)
1,3 - 2,6 m²
Overcrowding (save for the period of 07/02/2013 - 06/03/2014), insufficient number of sleeping places, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food
5,000
52162/15
30/11/2015
Mihai-Marin Apreotesei
19/09/1969
Bacău Police Inspectorate, Bacău, Iași, Rahova, Focșani, Vaslui Penitentiaries
12/10/2011
pending
More than 6 year(s) and 1 month(s) and 5 day(s)
1,2 - 2,4 m²
overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of or insufficient natural light, inadequate temperature, mouldy or dirty cell, poor quality of food
5,000
52225/15
24/11/2015
Homer-Cornel Dumitru
27/09/1982
Mărgineni, Ploiești Penitentiaries
14/07/2010
pending
More than 7 year(s) and 4 month(s) and 3 day(s)
1,4 - 2,6 m²
Overcrowding (save for the period of 30/11/2011 – 20/04/2015), insufficient number of sleeping places, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell
5,000
52388/15
09/11/2015
Vasile Neagu
03/01/1981
Miercurea-Ciuc Penitentiary
21/09/2015
pending
More than 2 year(s) and 1 month(s) and 21 day(s)
1.5 - 2.7 m²
overcrowding, lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture
3,000
56194/15
27/11/2015
Ion Iordache
20/07/1950
Craiova Penitentiary
24/03/2014 to
16/08/2016
2 year(s) and 4 month(s) and 24 day(s)
overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack or inadequate furniture
3,000
59433/15
19/11/2015
Gabriel-Darie Aculov
29/06/1973
Codlea, Mărgineni, Miercurea-Ciuc Penitentiaries
27/05/2013
pending
More than 4 year(s) and 5 month(s) and 22 day(s)
1.6 - 1.9 m²
overcrowding, lack of fresh air, inadequate temperature, poor quality of food, infestation of cell with insects/rodents
3,000
1281/16
26/02/2016
Cristinel Nergeș
08/06/1972
Bistrița-Năsăud, Gherla, Miercurea-Ciuc Penitentiaries
04/05/2006
pending
More than 11 year(s) and 6 month(s) and 17 day(s)
1,2 - 2,5 m²
overcrowding, lack of fresh air, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, lack or inadequate furniture
5,000
1742/16
24/02/2016
Costel Dinescu
21/07/1976
Craiova Penitentiary
06/02/2014 to
28/04/2016
2 year(s) and 2 month(s) and 23 day(s)
1.2 m²
overcrowding, lack of fresh air, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities
3,000
4225/16
25/02/2016
Inspector Cîrpaci
02/07/1971
Dolj Police Inspectorate, Craiova, Pelendava Penitentiaries
28/03/2014 to
24/10/2017
3 year(s) and 6 month(s) and 27 day(s)
1.1 - 2.9 m²
overcrowding, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, mouldy or dirty cell
3,000
4416/16
29/02/2016
Gabriel Zaharia
26/10/1978
Peter Irina Maria
Bucharest
Bucharest Central Police Arrest, Rahova, Giurgiu, Jilava Penitentiaries, Jilava Penitentiary Hospital
14/05/2009 – 31/10/2017
8 year(s) and 5 month(s) and 18 day(s)
1.7 - 2.8 m²
Overcrowding (save for the periods of 20/04/2012 - 27/02/2014, 06/03/2014 - 10/07/2015), lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food, infestation of cell with insects/rodents
5,000
5599/16
29/02/2016
Silviu-Mugurel Dicea
27/10/1989
Peter Irina Maria
Bucharest
Rahova, Giurgiu, Jilava, Tulcea Penitentiaries
24/11/2009
pending
More than 7 year(s) and 11 month(s) and 25 day(s)
1.4 - 2.9 m²
Overcrowding (save for the period of 19/02/2012 – 16/02/2015), poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell
5,000
6674/16
29/02/2016
George Dima
04/01/1980
Peter Irina Maria
Bucharest
Bucharest Central Police Arrest, Bucharest 9th Police Section, Rahova, Jilava Penitentiaries
19/02/2015 to
07/06/2016
1 year(s) and 3 month(s) and 20 day(s)
1.8 - 2.7 m²
overcrowding, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell
3,000
6769/16
26/02/2016
Bogdan Gheorghe Șalapa
24/01/1988
Gorj Police Inspectorate, Craiova Penitentiary
01/09/2015 to
14/10/2016
1 year(s) and 1 month(s) and 14 day(s)
1.2 - 1.9 m²
Overcrowding (save for Gorj Police Inspectorate), lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack or inadequate furniture
3,000
[1] Plus any tax that may be chargeable to the applicants.
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