FOURTH SECTION
DECISION
Application no. 42216/14
Mihai SCARLAT against Romania
and 6 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 July 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, 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 and the observations in reply submitted by the applicants,
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”). In applications nos. 42216/14 and 28499/16 the applicants also raised other complaints under the same provision of the Convention.
THE LAWJoinder of the applications
Having 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 principally 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 pleaded that the applicants had lost their victim status due to the fact that 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 they had received had not been sufficient.
The Court notes that, in its recent decision Dîrjan and Ştefan v. Romania ((dec.), nos. 14224/15 and 50977/15, 15 April 2020) the Court 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 (nos. 61467/12 and 3 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 on the term of the prison sentences and had given detainees the 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 their admissibility. 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 described in the 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 have been released from prison.
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. It follows that 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.Remaining complaints
In applications nos. 42216/14 and 28499/16 the applicants also raised other complaints under Article 3 of the Convention.
The Court has examined these applications 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 applications nos. 42216/14 and 28499/16 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.
Liv TigerstedtStéphanie Mourou-Vikström
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’s name
Date of birth
Representative’s name and location
Facility
Start and end date
Duration
Domestic compensation awarded (in days) based on total period calculated domestically
42216/14
07/07/2014
Mihai SCARLAT
16/09/1977
Giurgiu and Jilava Prisons
23/07/2013 to 05/07/2015
1 year and 11 months and 13 days
372 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-26/10/2017
41142/15
10/08/2015
Constantin HANGANU
23/05/1972
Miercurea Ciuc and Codlea Prisons, Dej Prison Hospital
19/01/2015 to 19/12/2017
2 years and 11 months
204 days in compensation for a total period of detention spent in inadequate conditions between 13/12/2014-19/12/2017
28371/16
27/06/2016
Maria Drăgoi
Brașov
18554/16
23/09/2016
Alin-Eugen BERBECE
19/03/1984
Iași Prison
20/08/2015 to 16/03/2017
1 year and 6 months and 25 days
222 days in compensation for a total period of detention spent in inadequate conditions between 24/03/2015-11/05/2018
20455/16
06/06/2016
Fernando IONIŢĂ
23/09/1991
Bucharest Police detention facility no. 9, Rahova, Jilava and Colibași Prisons
17/07/2014 to 10/01/2018
3 years and 5 months and 25 days
246 days in compensation for a total period of detention spent in inadequate conditions between 17/07/2014-10/01/2018
20730/16
28/04/2016
Ionuț Valentin BRĂTOIU
14/09/1986
Colibași Prison
23/04/2014 to 24/08/2017
3 years and 4 months and 2 days
240 days in compensation for a total period of detention spent in inadequate conditions between 17/04/2014-13/12/2017
28499/16
14/06/2016
Adrian PÂSLARU
22/03/1983
Iași and Botoșani Prisons
06/01/2015 to 04/04/2018
3 years and 2 months and 30 days
244 days in compensation for part of the period of detention spent in inadequate conditions between 25/11/2014-04/04/2018
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