FOURTH SECTION
CASE OF ŢURLEA AND OTHERS v. ROMANIA
(Applications nos. 25480/15 and 9 other applications - see appended list)
JUDGMENT
STRASBOURG
16 May 2019
This judgment is final but it may be subject to editorial revision.
In the case of Ţurlea and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt Acting Deputy Section Registrar,
Having deliberated in private on 25 April 2019,
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. Notice of the applications was given 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.
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 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 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, 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 applications. 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 applications are therefore admissible and disclose a breach of Article 3 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
11. 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.”
12. 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.
13. 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 applications admissible;
3. Holds that these applications 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 16 May 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
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’s name
Date of birth
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]
25480/15
16/06/2015
Ștefan Ţurlea
01/01/1963
Iaşi Prison
28/05/2009 to
01/06/2014
5 years and 5 days
Tulcea Prison
01/06/2014 to
30/11/2014
6 months
Rahova Prison
01/12/2014 to
01/03/2015
3 months and 1 day
Vaslui Prison
01/03/2015
pending
More than 4 years and 20 days
1.26 -1.98 m²
1.81-1.95 m²
1.95-2.79 m²
1.95 m²
Overcrowding, lack or inadequate hygienic facilities, no or restricted access to shower, lack of or inadequate furniture
Overcrowding, lack of or inadequate furniture
Overcrowding, lack of or inadequate furniture
Overcrowding, lack of or inadequate furniture
5,000
49413/15
26/10/2015
Ion Mitu
12/04/1981
Oradea, Poarta Albă, Tulcea, Slobozia and Rahova Prisons
28/08/2008
pending
More than 10 years, 6 months and 21 days
1,76-2.09 m²
Overcrowding, bunk beds, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of fresh air, lack of or insufficient electric light, lack or insufficient quantity of food, mouldy or dirty cell, no or restricted access to shower, no or restricted access to warm water
5,000
51261/15
05/11/2015
Joszef Hendre
08/03/1970
Represented by Augustin-Viorel Ţigan,
Ceica
Oradea Prison
22/06/2012 to
16/10/2013
1 year, 3 months and 25 days
Satu Mare Prison 16/10/2013
pending
More than 5 years, 5 months and 5 days
1.9-2.88 m²
0.7-1.1 m²
Overcrowding, lack or inadequate hygienic facilities, no or restricted access to warm water, lack or insufficient natural light, lack of or inadequate furniture, lack or insufficient physical exercise in fresh air
Overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack or insufficient physical exercise in fresh air
5,000
53704/15
08/12/2015
Dan Perju
02/12/1961
Represented by Mirela-Olimpia Pușcă,
Bârlad
Bârlad Police, Vaslui Police, Vaslui, Jilava and Iaşi Prisons
22/08/2000
pending
More than 18 years, 6 months and 27 days
1.28-1.89 m²
Bârlad Police and Vaslui Police: overcrowding, mouldy or dirty cell, lack or insufficient electric light, lack of fresh air, no or restricted access to toilet, lack of or inadequate furniture, no or restricted access to shower, poor quality of food
Vaslui Prison: overcrowding, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to shower, heavy smells from the chicken factory nearby, poor quality of food
Jilava and Iaşi Prisons: overcrowding, insufficient number of sleeping places, lack of privacy for toilet, no or restricted access to shower, lack of or inadequate furniture, poor quality of food
5,000
57106/15
11/12/2015
Florian Ovidiu Gergely
19/08/1980
Miercurea Ciuc Prison
14/08/2014
pending
More than 4 years, 7 months and 7 days
2.05-2.54 m²
Overcrowding, lack of fresh air, lack of or insufficient natural light, mouldy or dirty cells, lack of or inadequate furniture, poor quality of food, bunk beds, lack or insufficient physical exercise in fresh air
3,000
60729/15
02/02/2016
Florinel-Mircea Partin
14/06/1986
Miercurea Ciuc
Prison
31/05/2012
pending
More than 6 years, 9 months and 21 days
1.52-2.08 m²
Overcrowding, bunk beds, lack of or insufficient natural light, poor quality of food, lack of or insufficient furniture, lack or insufficient physical exercise in fresh air
5,000
5693/16
09/05/2016
Mădălin Vasile
02/02/1983
Poarta Albă Prison
09/02/2015
pending
More than 4 years, 1 month and 12 days
1.51-2.72 m²
Overcrowding, bunk beds, insufficient number of sleeping places,lack of or inadequate furniture, poor quality of food, lack of or insufficient hygienic facilities
3,000
11446/16
31/03/2016
Costel Crețu
02/04/1957
Jilava Prison
11/12/2014
pending
More than 4 years, 3 months and 10 days
1.52-2.34 m²
Overcrowding, lack of or inadequate furniture, lack of or insufficient fresh air, lack of or insufficient electric light, poor quality of potable water, poor quality of food
3,000
12102/16
13/06/2016
Gyula Kaszoni
13/05/1962
Represented by Dan Alberto Pop,
Cluj-Napoca
Gherla Prison
21/01/2016
pending
More than 3 years and 2 months
1.98-2.94 m²
Overcrowding, bunk beds, lack of or insufficient hygienic facilities, poor quality of food
3,000
59888/16
07/10/2016
Titel Antohe
09/07/1980
Represented by Ionela Mărgărit,
Bucharest
Brăila Prison
18/12/2015
pending
More than 3 years, 3 months and 3 days
1.59-2.29 m²
Overcrowding, lack of or insufficient hygienic facilities, infestation of cell with insects/rodents, lack of or inadequate furniture, lack of or insufficient fresh air, lack of or insufficient electric light, poor quality of food, lack or insufficient physical exercise in fresh air
3,000
[1]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy