FOURTH SECTION

DECISION

Application no. 31334/16 Marius-Mircea BENESCU against Romania and 2 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 20 May 2021 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 application s 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 applicant s 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

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 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 awarded 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) 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 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 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 described in the abovementioned decision Dîrjan and Åžtefan , 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, insofar as those complaints relate to the periods of their detention laid down in the appended table below. It follows that that part of the applications is 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.

In applications nos. 31334/16 and 10762/17, the applicants also raised complaints under Article 3 of the Convention, including in relation to periods of detention preceding the start date specified in the appended table.

The Court has examined these complaints 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 Article 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 these parts of applications nos. 31334/16 and 10762/17 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 10 June 2021 .

             {signature_p_2}

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 domestically

31334/16

28/05/2016

Marius-Mircea BENESCU

1977Ionela Mărgărit

Bucharest

Galați and Brăila Prisons

03/03/2015 to

28/11/2017

2 years and 8 months and 26 days

384 days in compensation for a total period of detention spent in inadequate conditions from 24/07/2012 to 28/11/2017

53552/16

26/09/2016

Ștefan DRĂGHICI

1977Craiova, Drobeta Turnu Severin and Pelendava Prisons

13/11/2015 to

10/05/2017

1 year and 5 months and 28 days

102 days in compensation for a total period of detention spent in inadequate conditions from 13/11/2015 to 10/05/2017

10762/17

23/03/2017

Ioana-Magdalena MÄ‚RGÄ‚RIT

1970Târgșor Prison

07/12/2013 to

29/01/2019

5 years and 1 month and 23 days

348 days in compensation for a total period of detention spent in inadequate conditions from 07/12/2013 to 29/01/2019, except for 91 non-consecutive days spent in prison hospitals