FOURTH SECTION
CASE OF VARGA AND OTHERS v. ROMANIA
(Application no. 66094/14 and 15 others –
see appended list)
JUDGMENT
STRASBOURG
14 December 2017
This judgment is final but it may be subject to editorial revision.
In the case of Varga 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 23 November 2017,
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. Some applicants also raised other complaints under the provisions of the Convention.
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 principally 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 pilot 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 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.
10. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
III. REMAINING COMPLAINTS
11. The applicants in applications nos. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16, also raised other complaints under Article 3 of the Convention.
12. 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.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. 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 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.
15. 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 admissible, and the remainder of the applications nos. 66094/14, 68929/14, 3519/15, 36755/15, 48681/15, 50525/15, 51777/15, 53903/15, 60373/15, 60991/15, 61978/15 and 1368/16 inadmissible;
3. Holds that these complaints 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 December 2017, 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]
66094/14
21/11/2014
Mihai-Grațian Varga
04/04/1977
Penitentiaries of
Baia Mare and Timișoara
28/11/2013 to 05/10/2015
1 year and 10 months and 8 days
1.4-2.7 m²
overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, mouldy or dirty cell
3,000
68929/14
18/11/2014
Iancu-Ștefan Vasile
19/04/1964
Craiova Penitentiary
23/04/2008 to 18/02/2016
7 years and 9 months and 27 days
1.1-1.9 m²
overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air
5,000
69412/14
28/11/2014
Nicolae Dumitru
15/11/1992
Dumitru Frăsîna
Valea Mărului
Galați Penitentiary
07/08/2014 to 04/05/2016
1 year and 8 months and 28 days
1.6-2 m²
overcrowding, infestation of cell with insects/rodents, lack of or inadequate furniture, no or restricted access to running water
3,000
3519/15
01/04/2015
Adrian Drăgan
01/06/1956
Giurgiu Penitentiary
12/06/2013 to 06/06/2016
2 years and 11 months and 26 days
poor quality of food, no or restricted access to shower, inadequate temperature, lack of fresh air, no or restricted access to running water
3,000
36755/15
27/08/2015
Constantin Lungu
22/05/1970
Penitentiaries of
Codlea, Jilava, Bistrița and Miercurea Ciuc
02/09/2005 – pending
More than
12 years and 1 month and 15 days
0.9-2.2 m²
overcrowding, poor quality of food, poor conditions of hygiene, lack of toiletries, lack of or inadequate furniture and storage space
5,000
48681/15
26/10/2015
Vasile Pentiuc
01/06/1974
Iași Penitentiary
13/11/2014 to 17/09/2015
10 months and 5 days
1.2 m²
overcrowding, lack of or inadequate hygienic facilities, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light
1,000
50500/15
30/10/2015
Flavius Ovidiu Cojocaru
20/06/1991
Craiova Penitentiary
28/02/2013 – pending
More than
4 years and 7 months and 19 days
1.2-1.5 m²
overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air
3,000
50525/15
18/01/2016
Florian Bucilă
17/09/1968
Peter Irina Maria
Bucharest
Penitentiaries of
Jilava, Rahova, Craiova, Poarta Albă and Giurgiu
27/08/2003 – pending
More than
14 years and 1 month and 13 days
0.6-2.5 m²
overcrowding (Penitentiaries of Jilava, Craiova and Poarta Albă), overcrowding (Rahova Penitentiary from 10/09/2004 to 28/09/2007 and 04/05/2010 to 06/05/2010), poor quality of food, poor quality of potable water (Jilava Penitentiary), insufficient number of sleeping places (Jilava Penitentiary between 2003 and 2004), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents
5,000
51777/15
23/11/2015
Ioan-Virgil Pancu
01/08/1973
Poarta Albă Penitentiary
17/08/2015 – pending
More than 2 years and 2 months
1.4-1.6 m²
overcrowding, poor quality of food, infestation of cell with insects/rodents, lack or inadequate furniture, lack of or inadequate hygienic facilities
3,000
53903/15
26/01/2016
Aurel Bădilă
14/12/1960
Peter Irina Maria
Bucharest
Teleorman Police Inspectorate
06/08/2012 to 30/01/2013
5 months and 25 days
and
30/09/2015 to 07/10/2015
8 days
Giurgiu Penitentiary
30/01/2013 to 27/08/2015
2 years and 6 months and 29 days
Jilava Penitentiary
27/08/2015 to 30/09/2015
1 month and 4 days
and
07/10/2015 to 26/08/2017
1 year and 10 months and 20 days
1.7-2.2 m²
no or restricted access to shower, lack of or insufficient physical exercise in fresh air
lack of or inadequate hygienic facilities, poor quality of food, lack of or insufficient physical exercise in fresh air, inadequate temperature, lack of fresh air, lack of or inadequate furniture
overcrowding, lack of or inadequate hygienic facilities, poor quality of potable water, poor quality of food, infestation of cell with insects/rodents, inadequate temperature, lack of fresh air, lack or inadequate furniture
5,000
57661/15
12/01/2016
Gyula-Attila Ruzsa
02/09/1994
Chiriac Ovidiu
Brașov
Penitentiaries of
Gherla and Miercurea Ciuc
03/10/2014 to 08/01/2016
1 year and 3 months and 6 days
1.3-2.5 m²
overcrowding, poor quality of food, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture
3,000
60373/15
08/01/2016
Viorel Mocan
17/02/1982
Peter Irina Maria
Bucharest
Rahova Penitentiary
05/02/2015 to 19/03/2015
1 month and 15 days
Aiud Penitentiary
19/03/2015 to 31/03/2016
1 year and 13 days
2.4-2.7 m²
overcrowding (from 05/02/2015 to 26/02/2015), lack of or inadequate hygienic facilities, inadequate temperature, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture
lack of or inadequate hygienic facilities, lack of fresh air, inadequate temperature, mouldy or dirty cell, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
3,000
60914/15
04/01/2016
Florin Țăreanu
05/06/1990
Miercurea Ciuc Penitentiary
20/11/2014 – pending
More than
2 years and 10 months and 20 days
0.9-2.7 m²
overcrowding, lack or inadequate furniture, lack of or inadequate hygienic facilities, lack of or insufficient natural light, mouldy or dirty cell
3,000
60991/15
08/01/2016
Stan Panait
19/02/1964
Bucharest Central Arrest
19/11/2005 to 07/12/2005
19 days
Jilava Penitentiary Hospital and Penitentiaries of
Jilava, Rahova and Giurgiu
07/12/2005 – pending
More than
11 years and 10 months and 10 days
1.5 m²
1.7-2.7 m²
overcrowding, lack of or inadequate hygienic facilities, poor quality of food
overcrowding (Jilava Penitentiary and Rahova Penitentiary, save for the period of 26/07/2007 – 04/06/2008), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack of or insufficient physical exercise in fresh air, poor quality of potable water (Jilava Penitentiary)
5,000
61978/15
14/01/2016
Nicolae Dungă
12/01/1978
Peter Irina Maria
Bucharest
Bucharest 13th Police Section
18/02/2011 to 07/03/2011
18 days
Bucharest Central Arrest
07/03/2011 to 19/04/2011
1 month and 13 days
Penitentiaries of
Rahova, Giurgiu and Jilava
19/04/2011 – pending
More than
6 years and 5 months and 22 days
1.8 m²
1.5-2.7 m²
1.4-2.4 m²
overcrowding, lack of privacy for toilet
overcrowding, lack of privacy for toilet
overcrowding (Penitentiaries of Rahova and Jilava), poor quality of potable water (Jilava Penitentiary), lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air
5,000
1368/16
29/01/2016
Dan Aftenie
19/02/1973
Peter Irina Maria
Bucharest
Sibiu Police Inspectorate
07/07/2009 to 14/09/2009
2 months and 8 days
Aiud Penitentiary
14/09/2009 – pending
More than 8 years and 29 days
1.3 m²
poor quality of food, lack of fresh air, lack of or inadequate hygienic facilities
overcrowding (from 14/09/2009 to 02/11/2009), lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food, lack of a place to serve meals, inadequate temperature, lack of fresh air, lack of or insufficient physical exercise in fresh air
5,000
[1] Plus any tax that may be chargeable to the applicants.
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