FOURTH SECTION
CASE OF SZEKELY AND OTHERS v. ROMANIA
(Application no. 33498/16 and 8 others –
see appended list)
JUDGMENT
STRASBOURG
13 January 2022
This judgment is final but it may be subject to editorial revision.
In the case of Szekely 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 9 December 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.
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 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, §§ 122‑41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149‑59, 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 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.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS11. In application no. 47436/16 the applicant also raised other complaints under Article 3 of the Convention.
12. 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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. 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.
15. 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;Declares the complaints concerning the inadequate conditions of detention, as specified in the appended table, admissible, and the remainder of the application no. 47436/16 inadmissible;Holds that these complaints disclose 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 13 January 2022, 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]
33498/16
04/07/2016
Eduard SZEKELY
1984
Gherla and Baia Mare Prisons
29/10/2015 to
19/04/2017
1 year(s) and 5 month(s) and 22 day(s)
1.53-2.37 m²
overcrowding (save for 18-20/11/2015, 15‑21/11/2016, 16/12/2016-19/04/2017), bunk beds, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, 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, lack of or insufficient quantity of food, poor quality of food, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to running water, no or restricted access to shower, no or restricted access to warm water, no or restricted access to toilet
3,000
36671/16
18/07/2016
Petrică-Gelu TARARACHE
1979
Jilava Prison
16/05/2016 to
17/08/2017
1 year(s) and 3 month(s) and 2 day(s)
1.45-2.25 m²
overcrowding, lack or inadequate furniture, no or restricted access to shower, lack of fresh air, lack of or insufficient natural light, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, inadequate temperature
3,000
42981/16
16/08/2016
Gergely-Attila TANKÓ
1988
Miercurea Ciuc, Codlea, Bacău and Vaslui Prisons
15/01/2016 to
27/06/2017
1 year(s) and 5 month(s) and 13 day(s)
1.37-2.94 m²
overcrowding (save for 18-26/01/2016, 5‑26/02/2016, 23-24/03/2016, 31/01/2017-11/04/2017, 24-28/04/2017 and 4/05/2017-27/06/2017), bunk beds, lack or inadequate furniture, no or restricted access to toilet, no or restricted access to potable water
3,000
46596/16
14/11/2016
Cristian COJOCARU
1972
Elena-Loredana Cojocaru
Târgu Neamț
Iaşi, Tulcea and Vaslui Prisons
17/04/2015 to
17/08/2017
2 year(s) and 4 month(s) and 1 day(s)
1.28-2.86 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, inadequate temperature, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to running water, bunk beds, lack of or insufficient quantity of food, poor quality of food, no or restricted access to warm water, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air
3,000
47436/16
06/09/2016
Marius VIAŞU
1978
Timişoara Prison
28/01/2016 to
25/07/2017
1 year(s) and 5 month(s) and 28 day(s)
2-2.42 m²
overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents
3,000
47629/16
02/09/2016
Mădălin Nicușor CROITORU
1991
Craiova Prison
15/12/2015 to
13/01/2017
1 year(s) and 30 day(s)
1.43-1.79 m²
overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water
3,000
49347/16
27/09/2016
Gheorghe BĂRBUIA
1969
Colibaşi and Târgu-Jiu Prisons, Colibaşi Prison Hospital
02/06/2016 to
12/09/2017
1 year(s) and 3 month(s) and 11 day(s)
1.81-2.81 m²
overcrowding (save for Colibaşi Prison Hospital), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to toilet
3,000
49594/16
08/11/2016
Cristian-Florian GALIAŢATO
1960
Drobeta Turnu Severin Police, Drobeta Turnu Severin, Craiova, Jilava, Gherla, Aiud, Arad, Drobeta Turnu Severin - Vânjuleţ Prisons
20/08/2001 to
21/12/2016
15 year(s) and 4 month(s) and 2 day(s)
1.19-2.27 m²
overcrowding (save for Arad Prison and for 18/10/2004-23/01/2007, 24/02/2008-22/11/2008, 30/10/2009-20/08/2010), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to potable water, no or restricted access to running water, no or restricted access to shower, no or restricted access to warm water
5,000
49712/16
20/09/2016
Ilie-Liviu COŞIER
1977
Sibiu County Police Station, Aiud and Bârcea Mare Prisons
23/11/2014 to
14/03/2017
2 year(s) and 3 month(s) and 20 day(s)
1.52-2.62 m²
overcrowding (save for 23/11/2014-02/03/2015, 16/06/2015-19/11/2015), bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack of or insufficient physical exercise in fresh air, lack of or insufficient quantity of food, poor quality of food, lack of or poor quality of bedding and bed linen, lack of privacy for toilet, lack or inadequate furniture, mouldy or dirty cell, no or restricted access to running water, no or restricted access to shower, no or restricted access to toilet, no or restricted access to warm water
3,000
[1] Plus any tax that may be chargeable to the applicants.