FOURTH SECTION

CASE OF CORNEL POPA AND OTHERS v. ROMANIA

( Application no. 6920/16 and 9 others -

see appended list )

JUDGMENT

STRASBOURG

6 June 2019

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

In the case of Cornel Popa and Others v. Romania ,

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

Georges Ravarani , President, Marko Bošnjak , Péter Paczolay , judges , and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 16 May 2019 ,

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. Notice of the applications was given to the Romanian Government (“the Government”).

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 of the inadequate conditions of their detention .

THE LAW

I. JOINDER OF THE APPLICATIONS

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

II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION

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. 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).

8. 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.

9. 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 applications. 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.

10. These applications are therefore admissible and disclose a breach of Article 3 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

11. 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.”

12. 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.

13. 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,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose a breach of Article 3 of the Convention concerning the inadequate conditions of detention ;

4. Holds

(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 6 June 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Georges Ravarani Acting D eputy 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

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]

6920/16

28/01/2016

Cornel Popa

21/07/1978

Focșani and Mărgineni Prisons

23/04/2015 to 22/04/2016

1 year(s)

1.5-1.69 m²

overcrowding, lack of or inadequate hygienic facilities, insufficient number of sleeping places

1,000

10441/16

16/05/2016

Zoltan Kovacs

10/05/1991

Represented by

Vasile RareÈ™ Biro,

Satu Mare

Oradea and Satu Mare Prisons

17/03/2015

pending

More than 4 year(s) and 23 day(s)

1.16-2 m²

overcrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air, poor quality of food, infestation of cell with insects/rodents

3,000

12937/16

21/03/2016

Vilică Duncă

20/09/1971

Dolj County Police,

Craiova, Rahova , and Giurgiu Prisons

14/02/2008

pending

More than 11 year(s) and 1 month(s) and 27 day(s)

1.37-2.21 m²

overcrowding (save for Dolj County Police), no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, mouldy or dirty cell, lack of or inadequate furniture, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water

5,000

15657/16

18/04/2016

Aurel Constantin

23/02/1966

Represented by

Irina Maria Peter,

Bucharest

Mărgineni Prison

13/02/2014

pending

More than 5 year(s) and 1 month(s) and 28 day(s)

1.69-2.37 m²

overcrowding, poor quality of food, insufficient number of sleeping places, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to potable water, lack of or insufficient natural light, inadequate temperature, lack of fresh air, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air

5,000

20767/16

11/05/2016

Marian Georoceanu

07/07/1964

Craiova Prison

09/11/2007 to 12/06/2018

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

0.93-2.16 m²

overcrowding, insufficient number of sleeping places, no or restricted access to toilet, no or restricted access to shower, no or restricted access to warm water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture, infestation of cell with insects/rodents

5,000

20783/16

10/06/2016

Ciprian Stanciu

05/05/1989

Represented by

Ionela Mărgărit ,

Bucharest

Galați Prison

27/03/2012 to 01/11/2016

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

1.2-1.63 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to running water, inadequate temperature, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

20927/16

05/05/2016

Cornel-Adrian Todoran

14/01/1986

Mureș County Police, Târgu Mureș,

Rahova , Gherla, and Aiud Prisons

24/02/2010

pending

More than 9 year(s) and 1 month(s) and 16 day(s)

1.82-2.6 m²

overcrowding (save for MureÈ™ County Police), poor quality of food, infestation of cell with insects/rodents, lack of or insufficient natural light, lack of fresh air, lack of or insufficient physical exercise in fresh air

5,000

21581/16

23/05/2016

Mihăiţă Dinu

09/03/1971

Bucharest 12th Police Section, Buzău County Police, Rahova , Jilava , and Colibași Prison Hospitals, and Rahova , Slobozia , Giurgiu, Jilava , Târgu Jiu, Craiova, Focșani , and Găești Prisons

05/08/2011 to 26/09/2017

6 year(s) and 1 month(s) and 22 day(s)

1.3 - 2.79 m²

overcrowding (save for Rahova , Jilava , and Colibași Prison Hospitals), infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water, no or restricted access to running water, mouldy or dirty cell, lack of or inadequate furniture, insufficient number of sleeping places, bunk beds, lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, poor quality of food, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air

5,000

22087/16

14/07/2016

Hakan YiÄŸit

16/06/1972

Represented by

Constantina Roxana YiÄŸit ,

Brezoi

Colibași Prison

21/01/2016

pending

More than 3 year(s) and 2 month(s) and 20 day(s)

2.01-2.81 m²

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, no or restricted access to warm water, poor quality of food, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents

3,000

22967/16

20/05/2016

Ion Ţarălungă

20/03/1970

Galați County Police, Târgu-Ocna Prison Hospital, and Galați , Rahova , and Brăila Prisons

21/06/2012

pending

More than 6 year(s) and 9 month(s) and 20 day(s)

1.2-2.75 m²

overcrowding (save for Târgu-Ocna Prison Hospital), mouldy or dirty cell, lack of privacy for toilet, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate furniture, lack or inadequate recreational space, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of or insufficient natural light

5,000

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