FOURTH SECTION
CASE OF SANDU AND OTHERS v. ROMANIA
(Application no. 27855/17 and 19 others –
see appended list)
JUDGMENT
STRASBOURG
16 December 2021
This judgment is final but it may be subject to editorial revision.
In the case of Sandu and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 25 November 2021,
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. Following the death of Mr Tudor (application no. 2673/18), his children informed the Court of their wish to pursue the application introduced by the applicant.
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.
THE LOCUS STANDI ISSUE FOR APPLICATION NO. 2673/186. On 30 August 2021, after the communication of the case, the representative of the applicant in application no. 2673/18 informed the Court that the applicant, Mr Tudor, had died on 26 July 2021. The representative also notified the Court that the applicant’s children, Ms Daniela-Loredana Tudor and Ms Mihaela-Simona Tudor, wanted to pursue the application on their late father’s stead.
7. The representative also submitted documents issued by a notary office according to which the applicant’s children had accepted the inheritance following the death of their father.
8. This information and documents were communicated to the Government for comments. No comments on the matter have been received from them.
9. The Court observes that the documents provided are sufficient to prove the legal standing of the heirs. The Court also finds that the applicant’s children have a legitimate interest in obtaining the findings of the violations of the Convention alleged by the late applicant (see, mutatis mutandis, Morgoci v. the Republic of Moldova, no. 13421/06, §§ 37-42, 12 January 2016).
10. Accordingly, the Court decides that Ms Daniela-Loredana Tudor and Ms Mihaela-Simona Tudor have standing to continue the proceedings in respect of application no. 2673/18 on behalf of late Mr Tudor.
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION11. 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.”
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, §§ 122‑41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 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 and the arguments raised by the parties, including the Government’s objection related to the non‑exhaustion of domestic remedies, 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 (including its findings in the recent case of Polgar v. Romania, no. 39412/19, §§ 94-97, 20 July 2021), the Court considers that in the instant case the applicants’ conditions of detention, as described in the table appended below, were inadequate.
15. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS16. In applications nos. 42881/17, 44495/17, 67182/17, 81285/17, 2668/18, 2673/18, 4561/18 and 8476/18, the applicants also raised other complaints under Article 3 of the Convention.
17. 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION18. 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, cited above), the Court considers it reasonable to award the sums indicated in the appended table.
20. The Court further 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,
Decides to join the applications;Decides that Ms Daniela-Loredana Tudor and Ms Mihaela-Simona Tudor, the children of the applicant in application no. 2673/18, have locus standi in the proceedings;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 these complaints disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention, as specified in the appended table below;Holds(a) that the respondent State is to pay to the heirs of the deceased applicant, Mr Tudor, jointly, and to each of the remaining 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 December 2021, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Armen Harutyunyan
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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
27855/17
27/04/2017
Jan Marian SANDU
1976
Irina Maria Peter
Bucharest
Bucharest Police no. 6 and Rahova and Jilava Prisons
01/01/2014 to
30/03/2017
3 year(s) and 2 month(s) and 30 day(s)
1.52-2.44 m²
overcrowding (save for 20/04-22/07/2016), bunk beds, lack of fresh air, lack of or insufficient natural light, 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, no or restricted access to warm water, poor quality of food, lack or inadequate furniture, poor quality of potable water
3,000
34810/17
05/05/2017
Costică CARANFIL
1958
Ana Maria Loredana Ciobotaru
Galați
Galați County Police and Galați Prison
26/05/2016 to
16/12/2016
6 month(s) and 21 day(s)
1.5-1.8 m²
overcrowding (save for 26/05-07/06/2016 and 21/06-27/06/2016), mouldy or dirty cell, lack or inadequate furniture, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, no or restricted access to warm water, poor quality of potable water, no or restricted access to running water, lack of or insufficient physical exercise in fresh air
1,000
39158/17
20/05/2017
Serafim-Dorinel ȘIPOȘ
1987
Vasile Rareş Biro
Satu Mare
Bihor County Police and Oradea and Satu Mare Prisons
13/09/2013 to
19/04/2017
3 year(s) and 7 month(s) and 7 day(s)
1.31-2.77 m²
overcrowding (save for 22/11-17/12/2013 and 07-12/10/2015), lack of fresh air, inadequate temperature, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, lack of or insufficient natural light, bunk beds, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, no or restricted access to warm water, constant electric light
3,000
39159/17
22/05/2017
Levente-Lorand PAL
1989
Vasile Rareş Biro
Satu Mare
Oradea and Satu Mare Prisons
15/05/2015 to
03/05/2017
1 year(s) and 11 month(s) and 19 day(s)
1.45-2.77 m²
overcrowding, lack or inadequate furniture, bunk beds, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, constant electric light, poor quality of food, inadequate temperature, lack of or insufficient physical exercise in fresh air
3,000
39160/17
22/05/2017
Emil-Gheorghe FLORIAN
1986
Vasile Rareş Biro
Satu Mare
Bihor County Police and Baia Mare, Deva, Oradea and Satu Mare Prisons
28/08/2013 to
19/04/2017
3 year(s) and 7 month(s) and 23 day(s)
1.33-2.77 m²
overcrowding, lack or inadequate furniture, mouldy or dirty cell, poor quality of food, constant electric light, bunk beds, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents
3,000
39161/17
22/05/2017
Daniel-Tomas COZMA
1990
Vasile Rareş Biro
Satu Mare
Arad County Police and Arad, Satu Mare, Oradea and Gherla Prisons
03/11/2012 to
02/05/2017
4 year(s) and 6 month(s)
1.30-2.94 m²
overcrowding (save for 03/11/2012‑28/01/2013, 13-17/01/2014, 29/01‑10/02/2014, 28/03-07/04/2014, 05‑09/05/2014, 05-08/12/2014, 19-20/11/2014, 11-12/12/2014, 23-24/03/2015, 20-21/04/2015, 23/07/2015-09/06/2016 and 16-17/06/2016), inadequate temperature, lack or inadequate furniture, mouldy or dirty cell, constant electric light, lack of or insufficient natural light, poor quality of food, no or restricted access to shower, 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, no or restricted access to potable water
3,000
39162/17
22/05/2017
Mihai-Levente BĂLA
1989
Vasile Rareş Biro
Satu Mare
Satu Mare County Police and Oradea, Arad and Satu Mare Prisons
02/04/2013 to
12/04/2017
4 year(s) and 11 day(s)
1.30-2.29 m²
overcrowding (save for 02-10/04/2013 and 23/07-23/11/2015), lack of fresh air, lack of or insufficient natural light, inadequate temperature, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water, constant electric light
3,000
41350/17
30/05/2017
Adrian-Felician SAVA
1974
Adrian Stancu
Oradea
Bihor County Police and Oradea, Rahova and Satu Mare Prisons
14/02/2013 to
03/05/2017
4 year(s) and 2 month(s) and 20 day(s)
1.43-2.79 m²
overcrowding (save for 14/02-12/03/2013, 30/05-13/06/2013 and 05-15/12/2016), no or restricted access to warm water, no or restricted access to shower, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture, infestation of cell with insects/rodents, bunk beds
3,000
42881/17
08/06/2017
Constantin Mădălin DUMITRU
1988
Dumitru Balea
Leud
Baia Mare Prison
10/06/2016 to
21/12/2016
6 month(s) and 12 day(s)
2.16-2.21 m²
overcrowding, mouldy or dirty cell, poor quality of food
1,000
44495/17
10/07/2017
Gheorghe NEGREA
1961
Irina Maria Peter
Bucharest
Jilava and Găești Prisons
29/10/2014 to
22/03/2017
2 year(s) and 4 month(s) and 23 day(s)
1.92-2.41 m²
overcrowding (save for 31/10-09/11/2016 and 27/12/2016-22/03/2017), bunk beds, no or restricted access to shower, no or restricted access to warm water, poor quality of food, poor quality of potable water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, inadequate temperature
3,000
57881/17
31/07/2017
Sorin-Andi PANDELE
1966
Colibași and Târgu-Jiu Prisons and Colibași Prison Hospital
24/01/2014 to
13/02/2017
3 year(s) and 21 day(s)
1.12-2.44 m²
overcrowding (save for 24/01-14/02/2014, 18/02-04/03/2014, 19/09-02/10/2014 and 09/04-11/05/2015), bunk beds, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack or inadequate furniture, inadequate temperature, poor quality of food
3,000
67182/17
04/09/2017
Ionuț-Eugen CÎRȚAN
1991
Raluca Elena Țărăscu
Lunguletu
Colibași and Ploiești Prisons
09/04/2015 to
08/03/2017
1 year(s) and 11 month(s)
1.29-2.38 m²
overcrowding (save for 19-24/06/2015), poor quality of food, inadequate temperature, lack of fresh air
3,000
78473/17
02/11/2017
Radu-Lucian SILAGHI
1976
Paul Cristea
Oradea
Oradea Prison
23/03/2017 to
22/08/2017
5 month(s)
2.74 m²
overcrowding (save for 23/03-13/04/2017), mouldy or dirty cell, no or restricted access to running water, no or restricted access to shower, poor quality of food, infestation of cell with insects/rodents
1,000
81285/17
23/11/2017
Zoltan LINGURAR
1985
Ioana Dîmb
Jibou
Oradea and Satu Mare Prisons
18/09/2015 to
20/06/2017
1 year(s) and 9 month(s) and 3 day(s)
1.16-2.89 m²
overcrowding (save for 02-19/10/2015; 22/01-01/02/2016; 19-29/02/2016 and 17/06-29/08/2016), inadequate temperature, lack of fresh air, no or restricted access to toilet, no or restricted access to warm water, lack or inadequate furniture, bunk beds, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen
3,000
1741/18
13/12/2017
Traian MAGHIAR
1963
Paul Cristea
Oradea
Oradea and Timișoara Prisons
28/05/2014 to
20/09/2017
3 year(s) and 3 month(s) and 24 day(s)
2-2.77 m²
overcrowding (save for 25-29/05/2015, 05/11/2015-17/03/2016, 25/03-01/04/2016 and 18/11-07/12/2016), mouldy or dirty cell, no or restricted access to shower, poor quality of food, infestation of cell with insects/rodents, inadequate temperature
3,000
2668/18
03/01/2018
Nicolae CINC
1970
Nicoleta Iuga
Arad
Arad Prison
29/02/2016 to
18/07/2017
1 year(s) and 4 month(s) and 21 day(s)
mouldy or dirty cell, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to warm water, no or restricted access to shower, inadequate temperature, lack or inadequate furniture, poor quality of food
3,000
2670/18
03/01/2018
Gheorghe PETRIȘOR
1969
Nicoleta Iuga
Arad
Arad Prison
17/11/2016 to
11/07/2017
7 month(s) and 25 day(s)
no or restricted access to warm water, no or restricted access to shower, poor quality of food, infestation of cell with insects/rodents, inadequate temperature, lack or inadequate furniture
1,000
2673/18
03/01/2018
Ion-Daniel TUDOR
Born in 1972
Died on 26/07/2021
Heirs
Daniela-Loredana
TUDOR
1990
Mihaela-Simona TUDOR
1992
Nicoleta Iuga
Arad
Arad and Timișoara Prisons
07/10/2013 to
11/07/2017
3 year(s) and 9 month(s) and 5 day(s)
2-2.25 m²
overcrowding (save for 07/10/2013 - 07/04/2014), lack of or poor quality of bedding and bed linen, no or restricted access to warm water, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of food, lack of toiletries
3,000,
to be paid jointly to the two heirs of late Mr Tudor
4561/18
17/01/2018
Mariana IORDĂCHESCU
1978
Târgșorul Nou Prison
21/04/2016 to
19/07/2017
1 year(s) and 2 month(s) and 28 day(s)
1.81-2.49 m²
overcrowding, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, constant electric light, inadequate temperature, no or restricted access to warm water, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities
3,000
8476/18
02/02/2018
Ioan PETRAN
1976
Radu Liviu Chiriţă
Cluj Napoca
Bistrița Prison
24/05/2016 to
08/08/2017
1 year(s) and 2 month(s) and 16 day(s)
2.17 m²
overcrowding, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or insufficient quantity of food, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, lack of or insufficient electric light, no or restricted access to shower
3,000
[1] Plus any tax that may be chargeable to the applicants.