FOURTH SECTION

CASE OF BANU AND OTHERS v. ROMANIA

( Application s no s . 1262/16 and 10 others ‑ see appended list )

JUDGMENT

STRASBOURG

20 September 2018

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

In the case of Banu and Others v. Romania ,

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

Vincent A. De Gaetano, President, Georges Ravarani , Marko Bošnjak , judges , and Liv Tigerstedt Acting Deputy Section Registrar ,

Having deliberated in private on 30 August 2018 ,

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 applications were communicated to the Romanian Government (“the Government”).

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants 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 applicants 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 applicants were kept in detention in poor conditions. The details of the applicants ’ 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, as well as the Government ’ s objection concerning the continuous situation of the applicants ’ condition of detention in some of the cases, 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 applicants ’ 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 sums 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 applicants, 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 20 September 2018 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Vincent A. De Gaetano 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]

1262/16

18/12/2015

DragoÅŸ Cosmin Banu

16/03/1984

Bucharest 15 th Police Section and Penitentiaries of Rahova , Mărgineni , Oradea and Aiud

23/04/2014 to

14/07/2016

2 year(s) and 2 month(s) and 22 day(s)

1.37-2.88 m²

Overcrowding (save for the periods from 23/04/2014 to 27/05/2014, 29/08/2014 to 15/09/2014 and 09/12/2014 to 14/07/2016), no or restricted access to potable water, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, inadequate temperature, mouldy or dirty cell, lack or inadequate furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air.

3,000

1415/16

08/03/2016

Cristian Duțu

11/06/1983

Bucharest Central Arrest Facilities, Bucharest 8 th Police Section, Jilava Penitentiary Hospital and Penitentiaries of Jilava , Rahova , Giurgiu, Mărgineni , Bacău , Iași , Slobozia , Timișoara and Găești

29/10/2002 to

12/07/2016

13 year(s) and 8 month(s) and 14 day(s)

1.19-2.76 m²

Overcrowding (save for the periods from 28/02/2007 to 02/03/2007, 27/07/2010 to 02/08/2010, 18/02/2012 to 10/07/2012 and 14/10/2015 to 12/07/2016), lack of or insufficient natural light, lack of or insufficient electric light, mouldy or dirty cell, inadequate temperature, infestation of cell with insects/rodents, no or restricted access to toilet, poor quality of food, no or restricted access to shower, lack of or inadequate hygienic facilities, lack of fresh air, no or restricted access to potable water, insufficient number of sleeping places, lack of or insufficient physical exercise in fresh air.

5,000

5545/16

15/04/2016

Ion Ilie

20/09/1974

Bacău Police Inspectorate, Jilava Penitentiary Hospital and Penitentiaries of Bacău , Jilava , Rahova , Giurgiu and Colibași

06/02/2008 to

03/05/2017

9 year(s) and 2 month(s) and 28 day(s)

1.06-2.80 m²

Overcrowding (save for the periods from 24/06/2009 to 02/07/2009, 17/02/2012 to 24/02/2012, 05/04/2012 to 08/04/2013, 01/10/2015 to 11/10/2015 and 20/10/2016 to 12/12/2016), 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, no or restricted access to potable water, inadequate temperature, lack of or insufficient physical exercise in fresh air.

5,000

9617/16

05/04/2016

Dumitru Ungureanu

08/07/1984

Botoșani Police Inspectorate

08/05/2005 to

02/06/2005

and

07/07/2005 to

04/08/2005

1 month(s) and 25 day(s)

Jilava Penitentiary Hospital

and Penitentiaries of Botoșani , Jilava , Iași and Tulcea

02/06/2005 to 07/07/2005

and

09/08/2005

pending

More than 12 year(s) and 11 month(s) and 4 day(s)

1.5 m²

1.28-2.91 m²

Overcrowding, lack of or inadequate hygienic facilities, lack of or insufficient natural light, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air, no or restricted access to toilet;

Overcrowding (save for the periods from 16/04/2014 to 18/04/2014, 20/01/2016 to 29/01/2016 and 15/04/2016 to 26/04/2016), bunk beds, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or insufficient natural light, no or restricted access to toilet, lack of storing facilities, poor quality of food, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air.

5,000

10344/16

11/05/2016

Dumitru-Robertino Boacă

10/09/1975

Rahova Penitentiary

06/01/2009 to

07/08/2017

8 year(s) and 7 month(s) and 2 day(s)

1.63-2.79 m²

Overcrowding (save for the periods from 21/11/2012 to 05/03/2013, 13/08/2013 to 21/11/2013 and 16/01/2017 to 07/08/2017), mouldy or dirty cell, inadequate temperature, lack of or poor quality of bedding and bed linen, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to potable water, no or restricted access to warm water, no or restricted access to shower, poor quality of food.

5,000

11194/16

05/04/2016

Bogdan Fulger

04/05/1972

Ana Fulger

Bucharest

Rahova Penitentiary

07/12/2015

pending

More than 2 year(s) and 6 month(s) and 1 day(s)

1.93-2.45 m²

Overcrowding, poor quality of food, lack of or poor quality of bedding and bed linen, mouldy or dirty cell, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities.

3,000

13019/16

28/03/2016

Costel -Valentin Mînzu

26/11/1985

Penitentiaries of Jilava , Giurgiu, Colibași , Mărgineni and Gherla

11/06/2008 to

23/06/2017

9 year(s) and 13 day(s)

1.26-2.83 m²

Overcrowding (save for the periods from 04/11/2008 to 23/12/2008, 19/02/2012 to 21/06/2012, 05/08/2013 to 22/08/2013, 13/08/2015 to 01/10/2015, 13/01/2016, 01/02/2016 to 18/02/2016, 13/06/2016 to 13/09/2016 and 19/09/2016 to 23/06/2017), lack of or inadequate hygienic facilities, no or restricted access to toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, no or restricted access to shower, poor quality of food, lack of or insufficient natural light, lack of fresh air, no or restricted access to warm water, bunk beds, lack or inadequate furniture, lack of or insufficient physical exercise in fresh air.

5,000

15238/16

11/04/2016

Petre Butoi

15/06/1972

Mărgineni Penitentiary

19/07/2011 to

31/10/2013

2 year(s) and 3 month(s) and 13 day(s)

Miercurea Ciuc Penitentiary

31/10/2013 to

03/11/2015

2 year(s) and 4 day(s)

1.46-1.65 m²

1.47-1.80 m²

Overcrowding, poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, no or restricted access to warm water, lack of dining and storing facilities, lack of or poor quality of bedding and bed linen.

Overcrowding, poor quality of food, lack of fresh air, lack of or insufficient natural light, no or restricted access to shower, lack of dining and storing facilities, lack of or insufficient physical exercise in fresh air.

3,000

17434/16

05/08/2016

Florin- Laurențiu Odică

24/07/1977

Irina Maria Peter

Bucharest

Penitentiaries of Poarta Albă and Slobozia

30/12/2014

pending

More than 3 year(s) and 5 month(s) and 7 day(s)

1.42-2.40 m²

Overcrowding (save for the periods from 30/12/2014 to 15/07/2015, 07/08/2015 to 05/10/2015, 04/02/2016 to 11/02/2016, 01/04/2016 to 04/04/2016, 11/08/2016 to 12/08/2016 and 09/01/2017 to 11/01/2017), bunk beds, no or restricted access to warm water, infestation of cell with insects/rodents, lack of storing facilities, lack of or poor quality of bedding and bed linen, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air.

3,000

17860/16

12/10/2016

Iulian Costea

08/04/1975

Galați Penitentiary

11/03/2013

pending

More than 5 year(s) and 2 month(s) and 26 day(s)

1.20-2.25 m²

Overcrowding (save for the periods from 03/11/2014 to 07/11/2014 and 18/05/2016 to 10/01/2017), bunk beds, lack of or inadequate hygienic facilities, lack of storing facilities, lack of or insufficient natural light, inadequate temperature, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air.

5,000

18011/16

09/08/2016

Ioan-Vasile Pascu

02/10/1980

Cluj Police Inspectorate, Colibași and Dej Penitentiary Hospitals and

Penitentiaries of Gherla and Baia Mare

04/09/2000

pending

More than 17 year(s) and 9 month(s) and 1 day(s)

1.63-2.81 m²

Overcrowding (save for the periods from 22/05/2007 to 10/11/2008, 23/09/2011 to 14/11/2012 and 27/08/2014 to 03/09/2014), infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, poor quality of food, lack of storing facilities, lack of fresh air, lack or inadequate furniture, lack of or insufficient natural light, lack of or inadequate hygienic facilities, bunk beds, inadequate temperature.

5,000

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