FOURTH SECTION
CASE OF VASS AND OTHERS v. ROMANIA
(Application no. 7175/17 and 14 others –
see appended list)
JUDGMENT
STRASBOURG
23 June 2022
This judgment is final but it may be subject to editorial revision.
In the case of Vass 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 2 June 2022,
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 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 Government raised a preliminary objection concerning loss of victim status by 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.
8. 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 the applicants in the present applications, and they were, indeed, afforded adequate redress for certain periods of detention (for details see the appended table).
9. 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.
10. 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 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).
11. 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.
12. 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, (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 appended table, were inadequate.
13. These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.
REMAINING COMPLAINTS14. In applications nos. 12662/19, 48917/19, 50217/19, 53611/19, 56573/19, 60555/19, 62946/19, 63640/19 and 12169/20, the applicants also raised other complaints under Article 3 of the Convention.
15. 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.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. 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.”
17. 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.
18. 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, 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 for the periods specified in the appended table below;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 23 June 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
Domestic compensation awarded (in days) based on total period calculated domestically
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
7175/17
03/01/2017
Mihai-Claudiu VASS
1990
Vasile Rareş Biro
Satu Mare
Bihor County Police Station, Oradea and Satu Mare Prisons
09/09/2013 to
28/01/2016
2 year(s) and 4 month(s) and
20 day(s)
Satu Mare Prison
02/02/2016 to
16/11/2016
9 month(s) and 15 day(s)
1.30 - 2.77 m²
overcrowding (save for the periods 14/01/2014 - 21/05/2014, 17/06/2014 - 02/03/2015, 03/12/2015 - 09/02/2016 and 10/05/2016 - 16/11/2016), lack or inadequate furniture, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities
3,000
12662/19
08/05/2019
Mircea NEGREA
1981
Baia Mare Prison
15/07/2020 to
17/03/2021
8 month(s) and 3 day(s)
1.82 - 2.19 m²
overcrowding, lack of or insufficient natural light, lack or inadequate furniture, lack of fresh air, lack of or inadequate hygienic facilities
276 days in compensation for a total period of 1,391 days spent in detention in inadequate conditions from 12/01/2015 to 23/12/2019, including all the days spent in Gherla and Baia Mare Prisons, except for short periods spent in infirmary or transit rooms
1,000
45532/19
05/11/2019
Zoltan BOGDAN
1987
Târgu Mureș Prison
23/12/2019 to
13/03/2020
2 month(s) and 20 day(s)
Târgu Mureș Prison
11/05/2020 to
10/07/2020
2 month(s)
2.37 - 2.87 m²
overcrowding (save for the periods 11/02/2020 - 13/03/2020 and 11/05/2020 - 15/05/2020), lack of fresh air, lack or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of food
78 days in compensation for a total period of 403 days spent in detention in inadequate conditions from 17/01/2018 to 09/05/2018 and from 08/03/2019 to 22/12/2019, including all the period spent in Târgu Mureș Prison
1,000
48917/19
31/10/2019
Petru CREȚU
1996
Giurgiu Prison
01/11/2018 to
13/11/2018
13 day(s)
Giurgiu Prison
03/02/2020 to
28/02/2020
26 day(s)
-
overcrowding (save for the period 01/11/2018 - 13/11/2018), lack of or insufficient natural light, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, lack of fresh air
264 days in compensation for a total period of 1,322 days spent in detention in inadequate conditions from 25/06/2015 to 22/12/2019, including all the periods spent in Giurgiu Prison, except for the first period indicated in column no. 5
1,000
50217/19
08/01/2020
Valentin PATRICHI
1983
Galați and Brăila Prisons
23/12/2019 to
12/11/2021
1 year(s) and 10 month(s) and 21 day(s)
2.25 m²
overcrowding, infestation of cell with insects/rodents, poor quality of food, inadequate temperature, lack of or inadequate hygienic facilities
96 days in compensation for a total period of 501 days spent in detention in inadequate conditions from 29/06/2018 to 22/12/2019, including all the periods spent in Brăila, Tulcea and Galați Prisons, expert for the days spent in infirmary
3,000
53611/19
26/11/2019
Péter-Levente KERESZTES
1971
Arad Prison
11/06/2018 to
10/08/2021
3 year(s) and 2 month(s)
-
lack or inadequate furniture, no or restricted access to warm water, lack of fresh air, inadequate temperature, mouldy or dirty cell
84 days in compensation for a total period of 445 days spent in detention in inadequate conditions from 12/05/2016 to 11/06/2018, including all the periods spent in Oradea Prison
3,000
56573/19
22/11/2019
Daniel DUMITRU
1990
Găești Prison
18/12/2019 to
23/06/2021
1 year(s) and 6 month(s) and 6 day(s)
-
infestation of cell with insects/rodents, mouldy or dirty cell, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food
366 days in compensation for a total period of 1,847 days spent in detention in inadequate conditions from 14/11/2014 to 18/12/2019, including all the periods spent in the detention facilities he complained of, except for the period 10/09/2018 - 13/09/2018 spent in a transit room
3,000
57583/19
24/12/2019
Nicolae BALDOVIN
1977
Mioveni (Colibași), Bucharest - Jilava and Craiova Prisons
13/04/2007 to
12/05/2009
2 year(s) and 1 month(s)
Mioveni (Colibași)
19/05/2009 to
12/07/2011
2 year(s) and 1 month(s) and 24 day(s)
Mioveni (Colibași)
19/07/2011 to
24/07/2012
1 year(s) and 6 day(s)
Mioveni (Colibași) and Târgu Jiu Prisons
23/12/2019 to
22/10/2020
10 month(s)
1.35 - 2.94 m²
overcrowding (save for the periods 04/02/2020 - 24/02/2020 and 29/07/2020 - 22/10/2020), poor quality of food, infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air
540 days in compensation for a total period of 2,703 days spent in detention in inadequate conditions from 24/07/2012 to 22/12/2019 in Mioveni (Colibași) and Târgu Jiu Prisons, except for the periods spent in Mioveni (Colibași) Prison Hospital, of which he did not complain
5,000
60555/19
16/12/2019
Florian LAZĂR
1967
Craiova - Pelendava Prison
23/12/2019 to
26/02/2021
1 year(s) and 2 month(s) and 4 day(s)
2.57 m²
overcrowding, poor quality of food, lack of toiletries, lack of fresh air, lack of or insufficient natural light
324 days in compensation for a total period of 1,633 days spent in detention in inadequate conditions from 24/06/2015 to 22/12/2019, including all the periods spent in Craiova, Giurgiu and Craiova – Pelendava Prisons
3,000
62946/19
10/02/2020
Adrian MARIN
1974
Bucharest - Jilava Prison
23/12/2019 to
08/07/2020
6 month(s) and 16 day(s)
1.94 - 2.64 m²
overcrowding, no or restricted access to shower, poor quality of food, lack of or insufficient physical exercise in fresh air, mouldy or dirty cell
198 days in compensation for a total period of 1,001 days spent in detention in inadequate conditions from 28/02/2017 to 22/12/2019, except for the days spent in prison hospitals, infirmary or transit rooms
1,000
63351/19
29/01/2020
Constantin-Adrian ZALINSCHE
1988
Botoșani and Găești Prisons
23/12/2019 to
18/05/2021
1 year(s) and 4 month(s) and 26 day(s)
-
overcrowding (save for the period 23/12/2019 - 08/10/2020), mouldy or dirty cell, poor quality of food, lack of or insufficient natural light, infestation of cell with insects/rodents
522 days in compensation for a total period of 2,626 days spent in detention in inadequate conditions from 07/10/2012 to 22/12/2019, including all the periods spent in Botoșani County Police Station, Botoșani, Iași and Găești Prisons
3,000
63640/19
30/01/2020
Marian-Florian RADA
1977
Mioveni Prison
23/12/2019 to
10/08/2020
7 month(s) and 19 day(s)
-
overcrowding, lack of or insufficient natural light, lack of or inadequate hygienic facilities, poor quality of food, infestation of cell with insects/rodents
534 days in compensation for a total period of 2,697 days spent in detention in inadequate conditions from 24/07/2012 to 22/12/2019, including all the periods spent in Mioveni Prison
1,000
64780/19
20/01/2020
Gigel BARBU
1972
Tulcea Prison
23/12/2019 to
04/02/2021
1 year(s) and 1 month(s) and 13 day(s)
1.7 - 2.4 m²
overcrowding, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food
162 days in compensation for a total period of 826 days spent in detention in inadequate conditions from 18/09/2017 to 22/12/2019, including all the periods spent in Tulcea Prison
3,000
64847/19
20/01/2020
Ionuț MARIA
1983
Bucharest - Jilava Prison
23/12/2019 to
14/10/2020
9 month(s) and 22 day(s)
2.39 m²
overcrowding, no or restricted access to warm water, mouldy or dirty cell, lack of fresh air, poor quality of food
78 days in compensation for a total period of 417 days spent in detention in inadequate conditions from 01/11/2018 to 22/12/2019
1,000
12169/20
19/02/2020
Gheorghe COJOCARIU
1951
Miercurea Ciuc, Iași and Bacău Prisons
23/12/2019 to
14/01/2022
2 year(s) and 23 day(s)
1.44 - 2.97 m²
overcrowding (save for the periods 23/12/2019 - 21/02/2020, 24/03/2020 - 10/06/2020, 02/07/2020 - 08/07/2020 and 04/09/2020 - 16/12/2020), mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of fresh air
96 days in compensation for a total period of 492 days spent in detention in inadequate conditions from 25/04/2018 to 23/12/2019, except for the periods spent in infirmary or transit rooms
3,000
[1] Plus any tax that may be chargeable to the applicants.