FOURTH SECTION
CASE OF UȚA AND OTHERS v. ROMANIA
(Application no. 39422/16 and 24 others –
see appended list)
JUDGMENT
STRASBOURG
11 May 2023
This judgment is final but it may be subject to editorial revision.
In the case of Uța and Others v. Romania,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 April 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. Following the death of Mr Li Calzi (application no. 36722/17), his wife and daughter 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. 36722/176. On 28 July 2022, after the communication of the case, the representative of the applicant in application no. 36722/17 informed the Court that the applicant, Mr Li Calzi, had died on 16 November 2021 and that the applicant’s wife, Ms Francesca Rapisarda and the applicant’s daugther, Ms Antonietta Li Calzi, wanted to pursue the application in their father’s stead.
7. The representative submitted documents issued by a local authority according to which Ms Francesca Rapisarda and Ms Antonietta Li Calzi are the applicant’s family members.
8. This information and documents were communicated to the Government for information. The Government replied by asking for the application to be struck out of the Court’s list of cases. They argued that the rights invoked by the applicant are strictly personal in nature and that the alleged violation is not closely linked to the death of the applicant.
9. The Court considers that the documents provided are sufficient to prove the legal standing of the heirs. Moreover, the Court considers that the applicant’s close relatives 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 and Sandu and Others v. Romania [Committee], nos. 27855/17 and 19 others, §§ 6-10, 16 December 2021).
10. Accordingly, the Court decides that Ms Francesca Rapisarda and Ms Antonietta Li Calzi have standing to continue the proceedings in respect of application no. 36722/17 on behalf of late Mr Li Calzi.
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION11. The applicants complained principally of the inadequate conditions of their detention. They relied on Article 3 of the Convention.
12. The Government raised a preliminary objection concerning loss of victim status by some of the applicants for the periods of detention specified in the appended table because they were 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.
13. The Court notes that the domestic remedy introduced in respect of 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 some of the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
14. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
15. Turning to the remaining periods of the applicants’ detention as specified 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).
16. 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.
17. 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 periods described in the appended table were inadequate.
18. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS19. In applications nos. 39422/16, 41052/16, 48099/16, 53387/16, 54647/16, 63757/16 and 14317/1, the applicants also raised other complaints under Article 3 of the Convention.
20. 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 CONVENTION21. 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.”
22. 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;Decides that Ms Francesca Rapisarda and Ms Antonietta Li Calzi, the wife and daughter of the applicant in application no. 36722/17, 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 Li Calzi, 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 11 May 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Tim Eicke
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]
39422/16
15/09/2016
George-Daniel UȚA
1988
Violeta Uța
Târgoviște
Mărgineni Prison
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
2.77 m²
overcrowding, poor quality of potable water, lack of fresh air, lack or inadequate furniture
3,000
40802/16
26/09/2016
Dumitru-Florin ANGHEL
1979
Deva and Aiud Prisons
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
2.99 m2
overcrowding for certain periods of detention, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, mouldy or dirty cell
3,000
41052/16
11/07/2016
Cristian KARP
1984
Arad Prison
19/10/2010 to
22/05/2019
8 year(s) and 7 month(s) and 4 day(s)
no or restricted access to shower, poor quality of food, lack of or insufficient physical exercise in fresh air
5,000
48099/16
15/09/2016
Adrian PRICOP
1975
Găești and Vaslui Prisons
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
lack of or insufficient physical exercise in fresh air, lack of fresh air, lack or inadequate furniture
3,000
51098/16
09/12/2016
Vlad-Marian BRUMAR
1994
Gherla and Miercurea Ciuc Prisons
22/05/2014 to
22/08/2017
3 year(s) and 3 month(s) and 1 day(s)
1.31-2.36 m²
overcrowding, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, poor quality of food
3,000
53387/16
26/09/2016
Gheorghe MÎȚI
1991
Arad Prison
29/04/2015 to
01/08/2018
3 year(s) and 3 month(s) and 4 day(s)
Arad and Timișoara Prisons
30/08/2019 to
14/03/2021
1 year(s) and 6 month(s) and 15 day(s)
Timișoara Prison
06/02/2022
pending
More than 1 year(s) and 1 month(s) and 15 day(s)
lack of fresh air, lack or inadequate furniture, poor quality of food
18 days in compensation for a total period of detention spent in inadequate conditions from 04/05/2019 to 30/08/2019
5,000
54647/16
23/01/2017
Dionisie ABRAHAM
1986
Aiud Prison
29/05/2014 to
29/09/2015
1 year(s) and 4 month(s) and 1 day(s)
Arad Prison
30/06/2017 to
22/11/2021
4 year(s) and 4 month(s) and 24 day(s)
2.43-2.62 m²
overcrowding for certain periods of time, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food
126 days in compensation for a total period of detention spent in inadequate conditions from 30/09/2015 to 29/06/2017
5,000
57887/16
23/11/2016
Vasile GUȘĂ
1976
Giurgiu County Police
03/07/2014 to
18/12/2014
5 month(s) and 16 day(s)
Giurgiu Prison
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
2.92 m²
overcrowding for certain periods of time, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell
392 days in compensation for a total period of detention spent in inadequate conditions from 19/12/2014 to 23/12/2019
3,000
58498/16
27/10/2016
Cristian Adrian IOLI
1976
Tulcea Prison
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
2.60 m²
overcrowding for certain periods of time, infestation of cell with insects/rodents, mouldy or dirty cell, no or restricted access to potable water
3,000
61322/16
03/01/2017
Olimpiu NEAMȚIU
1969
Bistrița and Gherla Prisons
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
2.13-2.83 m²
overcrowding for most of the period of detention, infestation of cell with insects/rodents, poor quality of food, no or restricted access to toilet
3,000
63757/16
19/10/2016
Martin VIDAM
1974
Marcela Măriuca Katona
Târgu Mureș
Târgu Mureș, Jilava, Craiova, Aiud, Gherla, Bârcea Mare, Bistrița and Timișoara Prisons and Dej Prison Hospital
26/09/1996 to
28/06/2016
19 year(s) and 9 month(s) and 3 day(s)
1.30-2.74 m²
overcrowding for most of the detention, lack of fresh air, bunk beds, poor quality of food, lack of or insufficient physical exercise in fresh air
5,000
64777/16
08/12/2016
Mircea SFETCU
1974
Arad and Aiud Prisons
19/01/2017 to
02/03/2022
5 year(s) and 1 month(s) and 12 day(s)
overcrowding for certain periods of time, poor quality of food, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents
54 days in compensation for a total period of detention spent in inadequate conditions from 04/04/2016 to 19/01/2017
5,000
66536/16
06/01/2017
Vasile-Dănuț VOIVOD
1964
Codlea, Deva, Jilava and Miercurea Ciuc Prisons and Dej and Jilava Prison Hospitals
27/08/2002 to
23/07/2012
9 year(s) and 10 month(s) and 27 day(s)
Codlea Prison
30/03/2017 to
16/09/2017
5 month(s) and 18 day(s)
1.11-2.58 m²
overcrowding, lack or inadequate furniture, inadequate temperature, mouldy or dirty cell, poor quality of food
348 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 29/03/2017 and from 17/09/2017 to 15/12/2017
5,000
66721/16
23/12/2016
Aurelian MATEESCU
1978
Nicoleta Trif
Arad
Arad, Brăila, Galați, Iași, Mărgineni, Tulcea, Slobozia and Vaslui Prisons and Jilava, Târgu Ocna and Mioveni Prison Hospitals
03/02/2002 to
23/07/2012
10 year(s) and 5 month(s) and 21 day(s)
Arad Prison
25/09/2012 to
01/03/2013
5 month(s) and 5 day(s)
Arad Prison
09/08/2013 to
02/09/2013
25 day(s)
Arad Prison
09/05/2014 to
22/09/2015
1 year(s) and 4 month(s) and 14 day(s)
1.12-2.05 m²
overcrowding for certain periods of time, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food
312 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 07/11/2018 (date of release)
(save for the periods mentioned in Column no. 5)
5,000
2295/17
20/12/2016
Lazăr-Petru HABACI
1990
Trif Nicoleta
Arad
Arad County Police and Arad Prisons
22/01/2015 to
24/07/2015
6 month(s) and 3 day(s)
Arad Prison
11/09/2015 to
22/06/2016
9 month(s) and 12 day(s)
Arad Prison
09/05/2018 to
22/09/2019
1 year(s) and 4 month(s) and 14 day(s)
Arad and Timișoara Prisons
08/01/2020
pending
More than 3 year(s) and 2 month(s) and 13 day(s)
infestation of cell with insects/rodents, no or restricted access to warm water, no or restricted access to shower, lack or inadequate furniture
156 days in compensation for a total period of detention spent in inadequate conditions from
24/07/2015 to 07/01/2020
(save for the periods mentioned in Column no. 5)
5,000
2401/17
27/12/2016
Valentin ROBITU
1985
Nicoleta Trif
Arad
Caraș Severin County Police
27/06/2013 to
01/08/2013
1 month(s) and 6 day(s)
Arad Prison
06/12/2013 to
30/06/2016
2 year(s) and 6 month(s) and 25 day(s)
infestation of cell with insects/rodents, no or restricted access to warm water, poor quality of food
192 days in compensation for a total period of detention spent in inadequate conditions from 01/08/2013 to 06/12/2013 and from 30/06/2016 to 10/10/2018 (date of release)
3,000
3422/17
08/03/2017
Jozsef JONÁS
1989
Aiud and Târgu Mureș Prisons
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 26 day(s)
1.62-2.53 m²
overcrowding for most of the period of detention, lack of fresh air, lack of or insufficient natural light, lack or inadequate furniture, poor quality of food
3,000
10985/17
28/02/2017
Gheorghe BREAZU
1990
Irina Maria Peter
Bucharest
Timiș County Police, Jilava Prison Hospital and Arad, Rahova and Timișoara Prisons
31/10/2009 to
26/07/2012
2 year(s) and 8 month(s) and 27 day(s)
Arad and Rahova Prisons
12/01/2013 to
23/12/2015
2 year(s) and 11 month(s) and 12 day(s)
Arad Prison
11/02/2016 to
25/02/2016
15 day(s)
Arad Prison
16/06/2016 to
09/03/2017
8 month(s) and 22 day(s)
Arad Prison
28/11/2018
pending
More than 4 year(s) and 3 month(s) and 21 day(s)
2-2.5 m²
overcrowding for certain periods of time, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food
162 days in compensation for a total period of detention spent in inadequate conditions from 26/07/2012 to 28/11/2018
(save for the periods mentioned in Column no. 5)
5,000
11359/17
28/02/2017
Iulian BRĂESCU
1980
Iași and Rahova Prisons
05/02/2010 to
23/07/2012
2 year(s) and 5 month(s) and 19 day(s)
1.48 m²
overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents
432 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 18/07/2018 (date of release)
3,000
14317/17
13/02/2017
Vasile COPTIL
1970
Bistrița and Gherla Prisons
17/10/2013 to
04/10/2016
2 year(s) and 11 month(s) and 18 day(s)
0.98-1.64 m²
infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, poor quality of potable water, overcrowding
3,000
22678/17
16/03/2017
Alin-Florin BÎŢICĂ
1982
Teleorman County Police
12/09/2014 to
15/10/2014
1 month(s) and 4 day(s)
Găești Prison
24/12/2019 to
22/01/2020
30 day(s)
2.79 m²
overcrowding while in Găești Prison, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, inadequate temperature, lack of fresh air, poor quality of food
372 days in compensation for a total period of detention spent in inadequate conditions from 15/10/2014 to 23/12/2019
1,000
36722/17
15/05/2017
Giuseppe LI CALZI
1947
Died on 16/11/2021
Heirs
Francesca RAPISARDA
1947
Antonietta
LI CALZI
1970
Adrian Stancu
Oradea
Jilava and Dej Prison Hospitals and Rahova, Oradea and Satu Mare Prisons
15/10/2014 to
07/02/2017
2 year(s) and 3 month(s) and 24 day(s)
1.36-2.89 m²
overcrowding for most of the detention period, lack of fresh air, mouldy or dirty cell, poor quality of food
3,000
43657/17
27/07/2017
Florin DUNĂ
1986
Doru Ristea
Bucharest
Bucharest Police nos. 7 and 12 and Jilava, Rahova, Giurgiu and Slobozia Prisons
10/10/2008 to
09/05/2017
8 year(s) and 7 month(s)
1.30-2.90 m²
infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack or inadequate furniture, overcrowding
5,000
48789/17
21/07/2017
Florian CÎRSTEA
1982
Jilava Prison Hospital
20/04/2015 to
27/06/2017
2 year(s) and 2 month(s) and 8 day(s)
1.43-2.64 m²
overcrowding for the period starting from 19/08/2015 to 27/06/2017, bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell, no or insufficient disinfection of barbering and haircutting tools, lack of or poor quality of bedding and bed linen
3,000
70658/17
24/10/2017
Mihai-Vasile JENARIU
1986
Bacău Police
18/08/2015 to
15/10/2015
1 month(s) and 27 day(s)
Arad Prison
24/10/2016 to
07/12/2016
1 month(s) and 14 day(s)
Arad Prison
15/05/2017 to
05/06/2017
22 day(s)
Arad Prison
13/07/2017 to
03/11/2017
3 month(s) and 22 day(s)
Arad Prison
29/05/2018 to
16/07/2018
1 month(s) and 18 day(s)
Arad Prison
23/07/2018 to
02/05/2019
9 month(s) and 10 day(s)
Arad Prison
24/12/2019
pending
More than 3 year(s) and 2 month(s) and 25 day(s)
lack or inadequate furniture, no or restricted access to toilet, poor quality of food
108 days in compensation for a total period of detention spent in inadequate conditions from 16/10/2015 to 23/12/2019
(save for the periods mentioned in Column no. 5)
3,000
[1] Plus any tax that may be chargeable to the applicants.