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ZEVEDEI AND OTHERS v. ROMANIA

Doc ref: 16082/15;60880/15;5479/16;10885/16;13407/16;20661/16;31333/16;35047/16;38092/16;38176/16 • ECHR ID: 001-204327

Document date: July 9, 2020

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ZEVEDEI AND OTHERS v. ROMANIA

Doc ref: 16082/15;60880/15;5479/16;10885/16;13407/16;20661/16;31333/16;35047/16;38092/16;38176/16 • ECHR ID: 001-204327

Document date: July 9, 2020

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 16082/15 Marian ZEVEDEI against Romania and 9 other applications

( s ee 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 application s 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 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) 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 (no. 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 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 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.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Liv Tigerstedt Stéphanie Mourou-Vikström 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

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

16082/15

15/04/2015

Marian ZEVEDEI

01/06/1966

Târgu Jiu Prison

10/04/2014 to 30/01/2018

3 year(s) and 9 month(s) and 21 day(s)

390 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012 – 30/01/2018

60880/15

26/04/2016

Raoul-Eduard VLAICU

26/04/1992

Maria-Magdalena Vlaicu

Prejmer

Codlea and Miercurea Ciuc Prisons

13/10/2014 to 24/01/2018

3 year(s) and 3 month(s) and 12 day(s)

276 days in compensation for a total period of detention spent in inadequate conditions between 21/08/2014 – 24/01/2018

5479/16

29/03/2016

Florin BRÄ‚TIANU

03/02/1977

Rahova and Colibași Prisons

17/06/2014 to 01/09/2016

2 year(s) and 2 month(s) and 16 day(s)

240 days in compensation for a total period of detention spent in inadequate conditions between 07/06/2014 – 07/11/2017

10885/16

06/04/2016

Alexandra Paula Roxana ION

21/09/1986

Irina Maria Peter

Bucharest

Bucharest Police detention facilities no. 1 and Târgșorul Nou Prison

12/09/2014 to 18/10/2018

4 year(s) and 1 month(s) and 7 day(s)

288 days in compensation for a total period of detention spent in inadequate conditions between 12/09/2014 – 18/10/2018

13407/16

24/05/2016

Radu- Vasile HEGEDÃœS

15/05/1985

Vasile RareÈ™ Biro

Satu Mare

Bihor (Oradea) County Police Station and Oradea and Satu Mare Prisons

26/11/2014 to 28/08/2018

3 year(s) and 9 month(s) and 3 day(s)

264 days in compensation for a total period of detention spent in inadequate conditions between 25/11/2014 – 28/08/2018

20661/16

14/06/2016

Gheorghe-Ramiro ION

04/08/1972

Bucharest Police Station no. 12 and Rahova , Giurgiu and Jilava Prisons

25/10/2012 to 20/11/2018

6 year(s) and 27 day(s)

438 days in compensation for a total period of detention spent in inadequate conditions between 25/10/2012 – 20/11/2018

31333/16

28/05/2016

Cătălin VLAD

26/07/1992

Ionela Mărgărit

Bucharest

Galați Police Station and Galați and Brăila Prisons

21/08/2014 to 06/02/2018

3 year(s) and 5 month(s) and 17 day(s)

246 days in compensation for a total period of detention spent in inadequate conditions between 21/08/2014 – 06/02/2018

35047/16

08/06/2016

Lucian- Ilie FEKETE

04/09/1984

Ovidiu Kalman Mureșan Silaghi

Satu Mare

Oradea Prison

09/12/2015 to 06/11/2017

1 year(s) and 10 month(s) and 29 day(s)

270 days in compensation for a total period of detention spent in inadequate conditions between 09/12/2015 – 22/05/2019

38092/16

25/07/2016

Iulian- Jony SZÃœCS

22/03/1988

MaramureÈ™ Police Station, Gherla and Baia Mare Prisons

08/05/2014 to 14/11/2017

3 year(s) and 6 month(s) and 7 day(s)

252 days in compensation for a total period of detention spent in inadequate conditions between 08/05/2014 – 14/11/2017

38176/16

21/07/2016

Alexandru Tiberiu HURDUGACI

09/07/1983

Irina Maria Peter

Bucharest

Rahova Prison

06/05/2016 to 22/09/2017

1 year(s) and 4 month(s) and 17 day(s)

132 days in compensation for a total period of detention spent in inadequate conditions between 06/05/2016 – 07/03/2018

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