FOURTH SECTION

CASE OF IANUȘCOVSCHI AND OTHERS v. ROMANIA

(Application no s . 18357/14 and 12 others

– see appended list )

JUDGMENT

STRASBOURG

30 July 2020

This judgment is final but it may b e subject to editorial revision.

In the case of Ianușcovschi and Others v. Romania ,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Stéphanie Mourou-Vikström , President, Georges Ravarani , Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 9 July 2020,

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 applicant s and the relevant details of the applications are set out in the appended table.

4 . The applicant s complained under Article 3 of the Convention of the inadequate conditions of their detention .

THE LAW

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

6 . The applicant s complained 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 . T he Government raised a preliminary objection concerning the applicants ’ loss of victim status for the part of their detention starting from 24 July 2012 since they claimed that the applicants were afforded adequate redress based on Law no. 169/2017 amending and completing Law no . 254/2013 on the execution of sentences for this part of their 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 Dî rjan and Åž tefan v. Romania (( dec. ), nos. 14224/15 and 5097 7/15, §§ 23 ‑ 33, 15 April 2020). This remedy was available to the applicants in the applications concerned. Indeed, they were afforded adequate redress for the periods of detention starting from 24 July 2012 until the date of their release from prison .

9 . Therefore, the Court accepts the Government ’ s objection and finds that these parts of 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.

10 . In application no. 18357/14, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicant ’ s complaint regarding his initial detention period had been lodged out of time.

11 . The Court observes that in application no. 18357/14 the applicant ’ s complaint regarding his initial detention which ceased on 4 May 2004 by his transfer to another prison facility in respect of which he did not raise any complaint, was lodged with the Court on 4 May 2015, that is, more than six months after the transfer.

12 . Therefore, the Court accepts the Government ’ s objection and finds that this part of application no. 18357/14 was lodged outside the six-month time-limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

13 . As concerns the remaining parts of the applicants ’ detention, prior to 24 July 2012, the Court notes that the applicant s were kept in detention in poor conditions. The details of the applicant s ’ 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, MurÅ¡ić 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 MurÅ¡ić , cited above, §§ 122 ‑ 141, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 ‑ 159, 10 January 2012).

14 . In the leading case of RezmiveÈ™ 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.

15 . 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, the Court considers that in the instant case the applicant s ’ conditions of detention were inadequate.

16 . These complaints are therefore admissible and disclose a breach of Article 3 of the Convention.

17 . 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.”

18 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, RezmiveÈ™ and Others v. Romania, nos. 61467/12 and 3 others, 25 April 2017), the Court considers it reasonable to award the sum s indicated in the appended table.

19 . The Court 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,

(a) that the respondent State is to pay the applicant s , 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 30 July 2020, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

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

Sq. m per inmate

Specific grievances

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

Domestic compensation awarded (in days) based on total period calculated domestically

18357/14

04/05/2015

Mihai IANUȘCOVSCHI

10/06/1980

Focșani , Galați , Poarta Albă and Aiud Prisons

30/08/2004 to

23/07/2012

7 years and 10 months and 24 days

0.8-2.4 m²

overcrowding (save for the periods of 13/08/2010-20/10/2010, 14/06/2011-8/07/2011, 29/08/2011-5/09/2011, 20/09/2011-21/02/2012), poor quality of food, no or restricted access to shower, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to running water, inadequate temperature

5,000

414 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-17/07/2018

33226/15

29/07/2015

Graţian -Ion MURONI

03/01/1972

Timișoara Prison

21/06/2000 to

23/07/2012

12 years and 1 month and 3 days

0.2-1.33 m²

overcrowding, lack of or inadequate hygienic facilities, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, bunk beds, lack of or poor quality of bedding and bed linen

5,000

234 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-16/11/2017

36424/16

19/07/2016

1875/16

08/02/2016

Gheorghe TRUÅžCANU

12/02/1960

Călărași Police, Slobozia , Rahova and Poarta Albă Prisons

01/01/2011 to

23/07/2012

1 year and 6 months and 23 days

1.8-2.7 m²

overcrowding, lack of fresh air, lack of privacy for toilet, lack of or inadequate hygienic facilities, no or restricted access to potable water, no or restricted access to shower, no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

384 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-08/05/2018

2862/16

19/02/2016

Liviu-Crăciunel MOLDOVAN

25/12/1981

Mureș County Police, Târgu -Mureș, Jilava , Arad, Gherla, Giurgiu, Aiud , Timișoara and Bârcea Mare Prisons, Dej Prison Hospital

07/04/2001 to

23/07/2012

11 years and 3 months and 17 days

0.6 - 2 m²

overcrowding, insufficient number of sleeping places, mouldy or dirty cell, infestation of cell with insects/rodents, lack of privacy for toilet, lack of or insufficient natural light, lack of fresh air, lack of or poor quality of bedding and bed linen

5,000

438 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-23/01/2019

5463/16

14/03/2016

Iosif MARCU

06/06/1958

Dâmbovița County Police, Mărgineni , Ploiești , Arad and Movila Vulpii Prisons

18/02/2001 to

23/07/2012

11 years and 5 months and 6 days

1.1-2.4 m²

overcrowding, insufficient number of sleeping places, lack of or inadequate hygienic facilities, lack of fresh air, poor quality of food, infestation of cell with insects/rodents, no or restricted access to running water, lack or inadequate furniture, no or restricted access to potable water, small courtyard

5,000

378 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-08/05/2018

6814/16

15/04/2016

Nicu MUTU

05/06/1979

Irina Maria Peter

Bucharest

Buzău County Police, Jilava Prison Hospital, Focșani Prison

04/02/2011 to

23/07/2012

1 year and 5 months and 20 days

1.5 - 2 m²

overcrowding, insufficient number of sleeping places, bunk beds, no or restricted access to toilet, no or restricted access to shower, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food, inadequate temperature, poor quality of potable water, lack of or insufficient physical exercise in fresh air

3,000

420 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-02/05/2018

15347/16

08/02/2016

Gheorghe- Viorel ANTON

30/03/1987

Alina Gherman

Iași

Suceava County Police, Botoșani , Bacău , Rahova and Iași Prisons

31/07/2009 to 23/07/2012

2 years and 11 months and 24 days

2,2 m²

overcrowding, lack of or inadequate hygienic facilities, no or restricted access to running water, lack of or insufficient natural light, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of fresh air, lack or inadequate furniture, inadequate temperature, lack of or insufficient physical exercise in fresh air, poor quality of food

3,000

372 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-31/10/2017

17753/16

04/07/2016

Dan- Ștefan MORARIU

04/02/1972

Bucharest General Police Inspectorate, Rahova , Giurgiu, Colibași , Slobozia and Tulcea Prisons

22/02/2007 to

23/07/2012

5 years and 5 months and 2 days

1.52 - 1.8 m²

overcrowding, lack of privacy for toilet (Bucharest General Police Inspectorate)

5,000

396 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-03/04/2018

31261/16

21/06/2016

Gheorghe DUMITRU

28/05/1965

Mărgineni , Ploiești and Giurgiu Prisons

16/03/2005 to

23/07/2012

7 years and 4 months and 8 days

1.33 - 1.8 m²

overcrowding, poor quality of food, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities

5,000

336 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-27/11/2017

32057/16

02/07/2016

Eduard UNGUREANU

20/05/1978

Irina Maria Peter

Bucharest

Dâmbovița Police, Mărgineni , Ploiești , Rahova and Jilava Prisons, Rahova Prison Hospital

02/03/2004 to

23/07/2012

8 years and 4 months and 22 days

1.33 -2.79 m²

overcrowding, poor quality of bedding and bed linen/food/potable water, inadequate sanitary facilities, bunk beds, insects, dirty and mouldy cell, lack of hygienic products, small and inadequate courtyard

5,000

432 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-01/11/2018

40561/16

13/08/2016

Cristian TÄ‚NASE

25/12/1990

Irina Maria Peter

Bucharest

Bucharest General Police Inspectorate, Bucharest Police detention facility no. 15, Rahova Prison

12/05/2011 to

23/07/2012

1 year and 2 months and 12 days

1.6-2.7 m²

overcrowding (save for the period of 23/08/2011-22/12/2011), poor quality of food, lack of ventilation during summer and heating during winter, lack of or inadequate hygienic facilities, lack or inadequate furniture, infestation of cell with insects/rodents, small courtyard, lack of privacy for toilet

3,000

354 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-19/10/2017

44512/16

26/07/2016

Florin-Alexandru MICU

24/10/1988

Ionela Mărgărit

Bucharest

Rahova and Galați Prisons

22/03/2012 to

23/07/2012

4 months and 2 days

1-2 m²

overcrowding, lack of or inadequate hygienic facilities, lack of privacy for toilet, infestation of cell with insects/rodents, no or restricted access to running water, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air, poor quality of food, small courtyard

1,000

390 days in compensation for a total period of detention spent in inadequate conditions between 24/07/2012-05/12/2017

[1] Plus any tax that may be chargeable to the applicants.