FOURTH SECTION
CASE OF VITAN AND OTHERS v. ROMANIA
(Application no. 31956/16 and 9 others –
see appended list)
JUDGMENT
STRASBOURG
27 October 2022
This judgment is final but it may be subject to editorial revision.
In the case of Vitan 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 6 October 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. In applications nos. 31956/16, 32390/16, 44729/16, 51383/16, 67896/16, 21069/19 and 63585/19, 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 applications nos. 31956/16, 32390/16, 44729/16, 51383/16, 67896/16, 21069/19 and 63585/19 are incompatible ratione personae with the provisions of the Convention and must be declared inadmissible 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 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. 31956/16, 44729/16, 67896/16 and 63585/19, 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 27 October 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 by national authorities
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]
31956/16
11/08/2016
Wilhelm VITAN
1969
Irina Maria Peter
Bucharest
Gherla Prison
28/10/2015 to
19/11/2015
23 day(s)
Gherla Prison
08/12/2015 to
14/12/2015
7 day(s)
Gherla Prison
23/12/2015 to
04/02/2016
1 month(s) and 13 day(s)
Gherla Prison
09/02/2016 to
15/02/2016
7 day(s)
-
inadequate temperature, lack of or insufficient natural light, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents
312 days in compensation for a total period of 1,579 days spent in detention in inadequate conditions from 24/07/2012 to 23/01/2018, including all the periods spent in the detention facilities he complained of except for the periods mentioned in column no. 5
1,000
32390/16
13/07/2016
Sandu NEAGU
1978
Brăila, Iași,
Bucharest - Rahova, Constanța - Poarta Albă, Galați and Giurgiu Prisons; Bucharest - Jilava, Târgu Ocna and Constanța - Poarta Albă Prison Hospitals
29/01/2003 to
23/07/2012
9 year(s) and 5 month(s) and 25 day(s)
Brăila Prison
23/12/2019
pending
More than 2 year(s) and 8 month(s) and 21 day(s)
1.29 - 2.90 m²
overcrowding (save for the periods
25/10/2005 - 15/02/2006,
01/06/2006 - 25/09/2007, 02/06/2009 - 09/06/2009 and 06/10/2009 - 09/10/2009), lack of or restricted access to leisure or educational activities, poor quality of food, lack of or inadequate hygienic facilities, lack of privacy for toilet
540 days in compensation for a total period of 2,700 days spent in detention in inadequate conditions from 24/07/2012 to 22/12/2019
5,000
44729/16
20/07/2016
Ruben-Ovidiu POPA
(former FALIBAC)
1960
Bucharest - Rahova Prison Hospital
27/10/2015 to
30/10/2015
4 day(s)
Miercurea Ciuc and Craiova Prisons
22/02/2016 to
23/03/2016
1 month(s) and 2 day(s)
Mioveni Prison Hospital, Arad and Craiova Prisons
11/04/2016 to
15/03/2018
1 year(s) and 11 month(s) and 5 day(s)
Mioveni and
Bucharest - Jilava Prisons, Mioveni and Dej Prison Hospitals
7 periods between 17/05/2018 and 01/02/2022 in the total amount of
5 month(s) and 10 day(s)
2.64 m²
overcrowding (save for the period
26/01/2022 - 01/02/2022), infestation of cell with insects/rodents, mouldy or dirty cell, inadequate temperature, lack of or insufficient natural light
144 days in compensation for a total period of 734 days spent in detention in inadequate conditions from 23/07/2015 to 22/12/2019, including all the periods spent in the detention facilities he complained of except for the periods mentioned in column no. 5
3,000
51383/16
30/01/2017
Florin-Cristinel IVĂȘCANU
1994
Mehedinți County Police Station
23/01/2016 to
18/02/2016
27 day(s)
Craiova Prison
04/04/2016 to
07/04/2016
4 day(s)
Craiova Prison
05/01/2017 to
10/01/2017
6 day(s)
Craiova Prison
31/01/2017 to
08/02/2017
9 day(s)
1.53 - 2 m²
overcrowding, lack of fresh air, mouldy or dirty cell, infestation of cell with insects/rodents, no or restricted access to warm water
198 days in compensation for a total period of 1,000 days spent in detention in inadequate conditions from 18/02/2016 to 04/12/2018 spent in Drobeta‑Turnu Severin and Craiova Prisons, except for the periods mentioned in column no. 5
1,000
58177/16
08/09/2016
Marius-Bogdan NEJLOVEANU
1987
Bucharest - Jilava and Târgu Jiu Prisons
23/12/2019 to
06/08/2021
1 year(s) and 7 month(s) and 15 day(s)
Târgu Jiu Prison
10/08/2021 to
26/01/2022
5 month(s) and 17 day(s)
1.5 - 2 m²
overcrowding (save for the periods 23/12/2019 - 03/09/2020 and 04/02/2021 - 18/02/2021), lack of privacy for toilet, lack of fresh air, lack or inadequate furniture, infestation of cell with insects/rodents
3,000
67896/16
14/11/2016
Florin-Alexandru FILIP
1985
Petru-Sorin Crudiu
Drobeta-Turnu Severin
Timiș County Police Station; Arad and Bucharest - Rahova Prisons
15/03/2010 to
17/10/2018
8 year(s) and 7 month(s) and 3 day(s)
Timișoara Prison
23/12/2019 to
09/10/2020
9 month(s) and 17 day(s)
Timișoara Prison
22/10/2020
pending
More than 1 year(s) and 10 month(s) and 22 day(s)
2 - 2.79 m²
overcrowding (save for the periods 25/03/2010 - 10/01/2011, 17/01/2011 - 20/06/2011, 22/11/2011 - 17/01/2013), poor quality of food, infestation of cell with insects/rodents, no or restricted access to shower, lack of or insufficient natural light
78 days in compensation for a total period of 416 days spent in detention in inadequate conditions from 17/10/2018 to 22/12/2019 in Timișoara and
Bucharest - Jilava Prisons, except for short periods spent in transit rooms
5,000
75814/16
29/12/2016
Harry ÖTVÖS
1978
Codlea Prison
23/12/2019 to
16/01/2020
25 day(s)
Codlea and Timișoara Prisons
30/01/2020 to
21/12/2020
10 month(s) and 22 day(s)
Timișoara and Codlea Prisons
11/01/2021 to
20/05/2021
4 month(s) and 10 day(s)
Codlea Prison
04/06/2021 to
06/09/2021
3 month(s) and 3 day(s)
Codlea Prison
10/09/2021
pending
More than 1 year(s) and 3 day(s)
1.93 - 2.94 m²
overcrowding (save for the periods 30/01/2020 - 13/02/2020, 01/09/2021 - 06/09/2021 and 13/09/2021 - 05/01/2022), lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient natural light, no or restricted access to warm water
3,000
21031/18
24/04/2018
Tiberiu BUDAI
1984
Arad and Timișoara Prisons
22/06/2017 to
02/03/2022
4 year(s) and 8 month(s) and 9 day(s)
2.04 - 2.70 m²
overcrowding (save for the periods 22/06/2017 - 25/08/2020 and 22/09/2020 - 13/08/2021), lack or inadequate furniture, no or restricted access to warm water, lack of toiletries, poor quality of food
3,000
21069/19
03/04/2019
Alin NOVAC
1985
Botoșani Prison
28 periods between 07/01/2014 and 25/07/2017 in the total amount of
4 years(s) and 8 month(s) and 5 day(s)
1.90 - 2.85 m²
overcrowding (save for the period 01/11/2016 - 22/12/2016), lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, inadequate temperature
354 days in compensation for a total period of 1,790 days spent in detention in inadequate conditions from 24/07/2012 to 22/12/2019, including the periods spent in Botoșani Prison except for the periods in column no. 5
3,000
63585/19
16/01/2020
Constantin-Cristi POPA
1989
Mioveni Prison
23/12/2019 to
24/02/2020
2 month(s) and 2 day(s)
2.59 - 2.64 m²
overcrowding (save for the period 04/02/2020 - 24/02/2020), lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, mouldy or dirty cell
186 days in compensation for a total period of 957 days spent in detention in inadequate conditions from 21/04/2017 to 22/12/2019 in Mioveni and Târgu Jiu Prisons, except for the days spent in prison hospitals, infirmary, and transit rooms
1,000
[1] Plus any tax that may be chargeable to the applicants.