FOURTH SECTION

CASE OF MZGĂ AND OTHERS v. ROMANIA

( Application no. 5489/16 and 9 others -

see appended list )

JUDGMENT

STRASBOURG

9 May 2019

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

In the case of Mâzgă 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 4 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. Notice of the application s 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 9 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

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]

5489/16

01/04/2016

Ioan Mâzgă

23/06/1981

Colibași and Miercurea Ciuc Prisons

06/09/2015 to

04/01/2018

2 year(s) and 3 month(s) and 30 day(s)

1.49-2.92 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to running water, lack of or restricted access to leisure or educational activities, lack of or inadequate furniture, lack of or insufficient physical exercise in fresh air

3,000

9209/16

28/03/2016

Ioan Tofan

30/08/1980

Iași Prison

24/04/2015 to

18/05/2016

1 year(s) and 25 day(s)

1.28 m²

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

3,000

9338/16

08/02/2016

Constantin Ninel Potîrcă

20/11/1967

Craiova Prison

22/09/2014 to

11/09/2018

3 year(s) and 11 month(s) and 21 day(s)

1.19-1.95 m²

overcrowding, bunk beds, mouldy or dirty cell, lack of or inadequate furniture, no or restricted access to shower, no or restricted access to warm water, no or restricted access to running water, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, poor quality of food

3,000

9896/16

11/03/2016

Cornel Ioan- VereÈ™

12/10/1942

MaramureÈ™ C ounty Police Inspectorate, Baia Mare Prison, Aiud Prison, Gherla Prison, and Rahova Prison

14/01/2013

pending

More than 6 year(s) and 2 month(s) and 6 day(s)

1.96-2.92 m²

overcrowding, mouldy or dirty cell, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, no or restricted access to shower, bunk beds, lack of or poor quality of bedding and bed linen, lack of or insufficient electric light, poor quality of food, inadequate temperature

5,000

11994/16

25/03/2016

Nicolae Aenculese

06/12/1983

Iași Prison

26/06/2013 to 24/05/2016

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

1.28-1.99 m²

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

3,000

14116/16

29/03/2016

Bogdan-Florin Lăzărescu

12/10/1989

Constanța County Police Inspectorate, Poarta Albă Prison, Rahova Prison, and Gherla Prison

22/11/2010 to 11/04/2016

5 year(s) and 4 month(s) and 21 day(s)

1.84-2.82 m²

overcrowding, no or restricted access to running water, no or restricted access to toilet, lack of or inadequate furniture, lack of fresh air, mouldy or dirty cell, insufficient number of sleeping places, no or restricted access to shower, poor quality of food, infestation of cell with insects/rodents

5,000

16863/16

18/04/2016

Toma-Teodor NeacÅŸu

26/08/1992

Represented by Irina Maria Peter,

Bucharest

Bucharest Central Arrest Centre (10 th facility)

05/05/2015 to 04/08/2015

3 month(s)

Rahova Prison

04/08/2015

pending

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

2.44-2.45 m²

poor quality of food, lack of privacy for toilet, lack of or insufficient natural light, constant electric light, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of fresh air

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

3,000

18963/16

10/05/2016

Alexandru Mădălin Miroiu

05/09/1993

Dolj County Police Inspectorate and Craiova Prison

24/08/2014 to 01/08/2017

2 year(s) and 11 month(s) and 9 day(s)

1.19-2.08 m²

overcrowding, no or restricted access to toilet, lack of or insufficient natural light, lack of or insufficient electric light, lack of or insufficient physical exercise in fresh air, lack of or inadequate furniture

3,000

19177/16

03/05/2016

Cosmin Lăzăroiu

11/05/1979

Craiova Prison

16/06/2014 to 14/07/2016

2 year(s) and 29 day(s)

1.12-2.92 m²

overcrowding, 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 insufficient physical exercise in fresh air, lack of or inadequate furniture

3,000

19782/16

04/05/2016

Dorel Lingurar

24/05/1973

Aiud Prison

25/07/2013 to 25/01/2018

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

1.6 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet, no or restricted access to shower, poor quality of food

3,000

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