Lexploria

FOURTH SECTION

CASE OF MARIUS-SILVIU POPESCU AND OTHERS v. ROMANIA

( Application no. 53013/15 and 9 other application s -

see appended list )

JUDGMENT

STRASBOURG

16 May 2019

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

In the case of Marius- Silviu Popescu 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 25 April 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 . The application s were communicated 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 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.

10. These complaints 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 16 May 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

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]

53013/15

11/11/2015

Marius- Silviu Popescu

20/03/1971

Irina Maria Peter

Bucarest

Bucharest 13th Police Section and Rahova , Giurgiu and Jilava Prisons

13/06/2013 to

19/01/2016

2 years, 7 months and 7 days

1.5 – 2.4 m²

O vercrowding (save for the period between 30/05/2014-11/08/2014 and between 13/08/2014-29/05/2015), bunk beds, 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, lack of or inadequate furniture, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to shower, lack of or insufficient physical exercise in fresh air (save for Giurgiu Prison), infestation of cell with insects/rodents, inadequate temperature, no or restricted access to potable water

3,000

56330/15

29/02/2016

Gherase Anton

27/10/1969

Irina Maria Peter

Bucarest

Jilava Prison

18/06/2015

pending

More than 3 years, 9 months and 4 days

2 m²

O vercrowding (between 18/06/2015 - 25/09/2015), poor quality of potable water, poor quality of food, infestation of cell with insects/rodents

3,000

62385/15

17/02/2016

Dumitru Chipcea

01/09/1961

Vaslui Police Arrest and Vaslui and Iași Prisons

10/12/2008

18/03/2019

10 years , 3 months and 9 days

1.2 - 2.4 m²

Overcrowding, insufficient number of sleeping places (between 27/03/2009 - 11/06/2009), no or restricted access to toilet, no or restricted access to shower, lack of or inadequate furniture, lack of or inadequate hygienic facilities, poor quality of food, lack of fresh air, infestation of cell with insects/rodents, lack of or insufficient natural light, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air

5,000

1372/16

22/01/2016

Constantin Alecu

06/05/1992

Codlea Prison

19/06/2015 to

10/12/2015

5 months and 22 days

Miercurea Ciuc Prison

10/12/2015

pending

More than 3 years , 3 months and 11 days

1.5 m²

1.7 - 1.8 m²

O vercrowding, poor quality of food, lack of or inadequate furniture, infestation of cell with insects/rodents

O vercrowding, poor quality of food, lack of or restricted access to leisure or educational activities, lack of or insufficient physical exercise in fresh air

3,000

2434/16

01/02/2016

Vasilică Radu

12/06/1967

Bucharest Central Arrest

27/09/2013 to

09/10/2013

13 days

Bucharest Police Section no. 6

09/10/2013 to

05/11/2013

28 days

Rahova , Giurgiu and Jilava Prisons

05/11/2013

pending

More than 5 years , 4 months and 17 days

2.3 m²

2.4 m²

1.8-2.8 m²

O vercrowding, lack of privacy for toilet, lack of fresh air

O vercrowding

O vercrowding, lack of or inadequate hygienic facilities, inadequate temperature, lack of fresh air, infestation of cell with insects/rodents, poor quality of food, lack of or inadequate furniture, poor quality of potable water

5,000

4062/16

15/02/2016

Liviu Moldovan

24/09/1963

Aiud , Arad, Colibași , Codlea , Mărgineni , Iași , Poarta Albă , Rahova , Slobozia , Craiova, Gherla, Miercurea Ciuc , Bistrița, Oradea, Timișoara , Deva Prisons

17/04/1997

pending

More than 21 years , 11 months and 5 days

1.2 - 2.9 m²

O vercrowding (save for the period between 14/03/2011-26/04/2011 and between 18/07/2014-25/09/2014), lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, mouldy or dirty cell, poor quality of food, lack of or inadequate furniture, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to shower, inadequate temperature, lack of or insufficient physical exercise in fresh air, insufficient number of sleeping places

5,000

5448/16

18/03/2016

Adrian Călin

18/02/1982

Bacău Police Arrest, Bacău , Iași , Tulcea and Vaslui Prisons and Târgu Ocna Prison Hospital

12/09/2011 -

pending

More than 7 years , 6 months and 8 days

1.2 – 2.9 m²

O vercrowding (save for the period between 12/09/2011–06/12/2011 and between 07/09/2012-28/09/2012), lack of privacy for toilet ( Bacău Police Arrest), lack of or inadequate hygienic facilities, lack of fresh air, lack of or insufficient natural light, infestation of cell with insects/rodents, lack of or inadequate furniture, poor quality of food, lack of or insufficient physical exercise in fresh air ( Bacău Police Arrest)

5,000

12414/16

05/04/2016

Vlad Papazul

30/04/1976

Irina Maria Peter

Bucarest

Bucharest 6th Police Arrest

08/09/2015 to

13/10/2015

1 month and 6 days

Rahova Prison

13/10/2015 to

19/09/2016

11 months and 7 days

Rahova Prison

01/03/2019

pending

More than 26 days

2.3 m²

1.9 m²

O vercrowding, no place to serve meal, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food

O vercrowding (save for the period between 03/11/2015 - 19/09/2016), poor quality of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of toiletries, inadequate temperature, lack of fresh air

O vercrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of toiletries, inadequate temperature, lack of fresh air

3,000

20627/16

31/05/2016

Cristian Chiriac

24/12/1979

Galați Prison

11/03/2013 to

03/09/2018

5 years , 5 months and 24 days

1.2-2.2 m²

O vercrowding, lack of or inadequate hygienic facilities, lack of or inadequate furniture, no or restricted access to potable water, lack of fresh air, poor quality of food

5,000

59876/16

05/10/2016

Andrei-Romulus Cazac

01/08/1988

Virág Sándor

Sfântu Gheorghe

Brașov Police Arrest, Codlea and Miercurea Ciuc Prisons

16/02/2016

pending

More than 3 years , 1 month and 4 days

1.2 - 2.2 m²

O vercrowding (save for the period between 16/02/2016-17/03/2016), no or restricted access to potable water, bunk beds, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents

3,000

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

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CASE OF MARIUS-SILVIU POPESCU AND OTHERS v. ROMANIA

CASE OF MARIUS-SILVIU POPESCU AND OTHERS v. ROMANIA

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