FOURTH SECTION
DECISION
Application no. 60214/16
Viorel IORDĂNESCU against Romania
and 9 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 22 September 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”).
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 3 of the Convention (inadequate conditions of detention)The applicants complained of the inadequate conditions of their detention.
They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
The Government argued that the applicants had lost their victim status because they had benefitted from the remedy offered by Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences. They asked the Court to reject the present applications for being incompatible ratione personae with the provisions of the Convention.
The applicants disagreed claiming that the compensation awarded was insufficient.
The Court notes that in decision Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, 15 April 2020) it has examined similar applications as the ones in the present case and declared them inadmissible considering that the applicants had lost their victim status. The Court noted that Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences, adopted following the pilot judgment in the case of Rezmiveș and Others v. Romania (no. 61467/12 and three others, 25 April 2017) and in force between October 2017 and December 2019, had been an effective remedy in respect of inadequate conditions of detention in Romanian prisons. More specifically, the above law had set forth a compensatory remedy, available for periods of detention ranging from 2012 to 2019 and allowing the deduction of six days for 30 days spent in conditions of detention that fell short of standards compatible with Article 3 of the Convention (see Dîrjan and Ştefan, cited above, § 28). This benefit had impacted the term of the prison sentences and had given detainees an opportunity of earlier release on parole.
Turning to the circumstances of the present cases, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility of those complaints. The above-mentioned remedy was available to the applicants in the present applications and, indeed, they benefitted from it. Thus, on different dates, the domestic authorities, applying the provisions laid down in the abovementioned decision Dîrjan and Ştefan, awarded compensation, through the reduction of days, to the applicants for the entire period of detention spent in inadequate conditions of which they complained (for further details see the appended table). Furthermore, the applicants were released from the detention facilities they complained about.
The Court is therefore satisfied that the applicants have been afforded adequate redress and can no longer claim to be victims of a violation of their rights under Article 3 of the Convention, insofar as the conditions of their detention, described in the appended table, are concerned. It follows that the applications in this part 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.
Remaining complaintsIn application no. 64077/16 the applicant also raised other complaints under Article 3 of the Convention.
The Court has examined the application 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 application must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 13 October 2022.
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
Domestic compensation awarded
(in days)
based on total period calculated by national authorities
60214/16
09/01/2017
Viorel IORDĂNESCU
1978
Craiova, Rahova and Tîrgu Jiu Prisons
20/01/2015 to
16/01/2018
2 year(s) and 11 month(s) and 28 day(s)
216 days in compensation for a total period of detention spent in inadequate conditions from 20/01/2015 to 16/01/2018
60889/16
15/11/2016
Corneliu-Ionuț JUNCU
1983
Iași, Rahova and Vaslui Prisons
26/01/2016 to
04/07/2018
2 year(s) and 5 month(s) and 9 day(s)
174 days in compensation for a total period of detention spent in inadequate conditions from 26/01/2016 to 04/07/2018
63023/16
21/02/2017
Vasile CIUTACU
1961
Poarta Albă and Tulcea Prisons
18/11/2014 to
13/12/2017
3 year(s) and 26 day(s)
216 days in compensation for a total period of detention spent in inadequate conditions from 18/11/2014 to 13/12/2017
64077/16
16/12/2016
Mihai DĂSCĂLETE
1959
Colibași, Craiova, Focșani, Giurgiu, Slobozia, Rahova and Tîrgu Jiu Prisons
09/02/2015 to
10/09/2019
4 year(s) and 7 month(s) and 2 day(s)
324 days in compensation for a total period of detention spent in inadequate conditions from 09/02/2015 to 10/09/2019
72810/16
23/11/2016
Marius-Pantelimon BANEA
1977
Ionela Mărgărit
Bucharest
Galați County Police and Brăila and Galați Prisons
02/08/2015 to
03/05/2018
2 year(s) and 9 month(s) and 2 day(s)
198 days in compensation for a total period of detention spent in inadequate conditions from 02/08/2015 to 03/05/2018
72844/16
23/11/2016
Vasile DRĂGĂLAI
1983
Ionela Mărgărit
Bucharest
Brăila and Galați Prisons
27/07/2016 to
31/10/2017
1 year(s) and 3 month(s) and 5 day(s)
90 days in compensation for a total period of detention spent in inadequate conditions from 27/07/2016 to 31/10/2017
74861/16
05/01/2017
Mihai FÎNTÎNARU
1977
Bacău, Iași and Vaslui Prisons
26/04/2016 to
29/11/2017
1 year(s) and 7 month(s) and 4 day(s)
114 days in compensation for a total period of detention spent in inadequate conditions from 26/04/2016 to 29/11/2017
76044/16
23/11/2016
Nicolae BALAZS
1974
Vasile Rareş Biro
Satu-Mare
Satu Mare County Police and Satu Mare Prison
17/06/2015 to
21/11/2017
2 year(s) and 5 month(s) and 5 day(s)
174 days in compensation for a total period of detention spent in inadequate conditions from 17/06/2015 to 21/11/2017
2752/17
12/12/2016
Mannix-Mihai RACOLȚEA
1972
Bistrița and Codlea Prisons
09/02/2018 to
04/12/2018
9 month(s) and 26 day(s)
54 days in compensation for a total period of detention spent in inadequate conditions from 09/02/2018 to 04/12/2018
14797/17
14/02/2017
Adrian-Ioan PETER
1968
Vasile Rareş Biro
Satu-Mare
Baia Mare Prison
18/10/2016 to
27/02/2018
1 year(s) and 4 month(s) and 10 day(s)
96 days in compensation for a total period of detention spent in inadequate conditions from 18/10/2016 to 27/02/2018