FOURTH SECTION
CASE OF UȚĂ AND OTHERS v. ROMANIA
(Application no. 33064/15 and 10 others -
see appended list)
JUDGMENT
STRASBOURG
14 June 2018
This judgment is final but it may be subject to editorial revision.
In the case of Uță 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 24 May 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.
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. In applications nos. 11542/16 and 38099/16, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicants’ complaints regarding their initial detention were lodged out of time.
8. The Court observes that in application no. 11542/16 the applicant’s complaint regarding his initial detention in Craiova Prison, which ceased on 3 December 2012 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 22 March 2016, that is, more than six months after the transfer.
9. The Court further observes that in application no. 38099/16 the applicant’s complaint regarding his initial detention in Craiova Prison, which ceased on 15 September 2008 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 18 July 2016, that is, more than six months after the transfer.
10. Therefore, the Court accepts the Government’s objection and finds that these parts of the applications were lodged outside the six-month time‑limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
11. 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).
12. 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.
13. Having examined all the material submitted to it, as well as the Government’s objection concerning the application of the six-month rule to the continuous situations of the applicants’ conditions of detention in applications nos. 39242/15 and 39892/16, 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.
14. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
15. 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.”
16. 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.
17. 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. 11542/16 and 38099/16, concerning the applicants’ initial detention periods which ended on 3 December 2012 and 15 September 2008 respectively, inadmissible;
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 14 June 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 pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
33064/15
14/08/2015
Laurențiu‑George Uță
27/01/1982
Giurgiu Prison
Mărgineni Prison, Rahova Prison
Jilava Prison, Găeşti Prison
03/01/2004 to
15/03/2017
13 years and 2 months and 13 days
2.25-2.44 m²
1.36-2.64 m²
infestation of cell with insects/rodents, poor quality of potable water, poor quality of food, lack of privacy during shower, inadequate temperature, passive smoking
overcrowding, infestation of cell with insects/rodents, poor quality of potable water, lack of privacy during shower, poor quality of food, inadequate temperature
overcrowding, poor quality of food, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of potable water, lack of privacy during shower, inadequate temperature
5,000
36070/15
20/08/2015
Alin Mujea
12/06/1984
Miercurea-Ciuc Prison
19/01/2015 to
05/04/2016
1 year and 2 months and 18 days
1.29-1.85 m²
overcrowding, poor quality of food, insufficient out-of-cell space, bunk beds, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture
3,000
36659/15
10/08/2015
Dumitru Agapi
13/09/1968
Bacău Prison
Iaşi Prison
Arad Prison
Tulcea Prison
Vaslui Prison
06/07/2010
pending
More than 7 years and 10 months and 4 days
1.63-2.80 m²
1.28 m²
3.07 m²
1.69 m²
2.45-2.95 m²
overcrowding (save for the period of 30/07/2010-02/08/2010), poor quality of food, bunk beds, no or restricted access to warm water
overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light
poor quality of food, insufficient out-of-cell space, no or restricted access to warm water
overcrowding, poor quality of food, insufficient out-of-cell space, infestation of cell with insects/rodents, no or restricted access to potable water, lack of fresh air, no or restricted access to warm water
overcrowding, poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water, insufficient toiletries
5,000
36666/15
28/08/2015
Iulian-Nicolae Ichim
25/06/1972
Irina Maria Peter
Bucharest
Jilava Prison, Mărgineni Prison
Giurgiu Prison, Rahova Prison
31/10/2007 to
21/04/2016
8 years and 5 months and 22 days
1.11 - 2.96 m²
1.93-2.79 m²
overcrowding (save for the periods of 16/02/2015-17/02/2015 and 13/07/2015-28/03/2016), bunk beds, infestation of cell with insects/rodents, poor quality of food, lack of or poor quality of bedding and bed linen, lack of dining facilities
overcrowding (save for the periods of 27/10/2010 - 06/11/2010, 01/01/2012 -22/03/2012, 26/04/2012-16/02/2015), lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, lack of dining facilities
5,000
37029/15
17/08/2015
Cătălin Condoiu
19/01/1984
Irina Maria Peter
Bucharest
Bucharest Police Section no. 6, Jilava Prison, Rahova Prison, Galaţi Prison, Arad Prison, Giurgiu Prison
22/07/2008 to
01/02/2016
7 years and 6 months and 11 days
1.26-2.95 m²
overcrowding (save for the periods of 11/02/2009-30/04/2010, 30/10/2012-04/09/2013, 10/01/2014-19/05/2014, 31/07/2015-01/11/2015), lack of dining facilities, bunk beds, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, poor quality of running water, poor quality of food, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, mouldy or dirty cell
5,000
39095/15
27/08/2015
Demeter-Mihai Póra
25/06/1974
Braşov Police Arrest
Codlea Prison
Rahova Prison
Miercurea-Ciuc Prison
Mărgineni Prison
Ploieşti Prison
Rahova Prison Hospital
11/07/2009
pending
More than 8 years and 9 months and 29 days
3.21-4 m²
1.35-2.19 m²
1.93-2.17 m²
1.40-1.94 m²
1.46-1.53 m²
6.2-7.46 m²
lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen
overcrowding, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
overcrowding, mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
overcrowding, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
overcrowding, bunk beds, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
mouldy or dirty cell, no or restricted access to potable water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of dining facilities
5,000
39242/15
01/09/2015
Valentin Patrichi
24/04/1983
Galaţi Prison, Giurgiu Prison, Poarta Albă Prison, Rahova Prison, Craiova Prison
Poarta Albă Prison Hospital
Brăila Prison
19/12/2009
pending
More than 8 years and 4 months and 20 days
1.84-2.76 m²
4.31-11.74 m²
1.57-2.76 m²
overcrowding (save for the periods of 11/04/2011-24/10/2011, 19/01/2012-23/01/2012, 21/08/2012-24/09/2012, 31/05/2012-23/07/2012, 04/02/2013-07/03/2013), lack or inadequate furniture, infestation of cell with insects/rodents, poor quality of food, insufficient toiletries
lack or inadequate furniture, poor quality of food, insufficient toiletries
overcrowding (save for the periods of 17/10/2014-29/10/2014, 27/11/2014-18/08/2015, 21/09/2015 onward), lack or inadequate furniture, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food
5,000
42335/15
14/08/2015
Claudiu-Marian Bondoc
21/12/1973
Rahova Prison
23/10/2014 to
11/04/2016
1 year and 5 months and 20 days
2.44 m²
overcrowding (save for the periods of 24/10/2014-13/11/2014 and 19/11/2015-18/02/2016), poor quality of food, lack of or inadequate hygienic facilities, lack of fresh air, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, lack of dining facilities
3,000
11542/16
22/03/2016
Marian Sorin Gogoloiu
26/04/1989
Craiova Prison
07/05/2013
pending
More than 5 years and 2 days
0.93-1.52 m²
overcrowding, small and crowded courtyard, poor quality of food, lack of fresh air, infestation of cell with insects/rodents
5,000
38099/16
18/07/2016
Paul-Marian Bălăşoiu
21/11/1982
Craiova Prison
21/04/2009
pending
More than 9 years and 19 days
1.20-2.17 m²
overcrowding (save for the period of 29/11/2012-09/12/2012), bunk beds, poor quality of food, infestation of cell with insects/rodents
5,000
39892/16
04/07/2016
Cosmin Pancu
05/03/1979
Bihor County Police Arrest, Jilava Prison, Oradea Prison, Jilava Prison Hospital, Arad Prison, Colibaşi Prison Hospital
15/05/2003
pending
More than 14 years and 11 months and 27 days
2.07 - 2.37 m²
overcrowding (save for the periods of 20/07/2004-02/08/2004, 25/10/2004-29/11/2004, 07/02/2008-25/05/2009, 09/08/2010-23/08/2010, 06/08/2011-onward) poor quality of food, lack of or inadequate hygienic facilities, insufficient toiletries, lack of or insufficient natural light, no or restricted access to warm water, lack or inadequate furniture, infestation of cell with insects/rodents
5,000
[1] Plus any tax that may be chargeable to the applicants.
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