FOURTH SECTION

CASE OF ȘERBAN AND OTHERS v. ROMANIA

( Application no. 1570/15 and 11 others -

see appended list )

JUDGMENT

STRASBOURG

26 July 2018

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

In the case of Șerban 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 5 July 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. In applications nos. 1570/15 and 14619/15, the Government raised a preliminary objection of failure to comply with the six-month time ‑ limit claiming that the parts of the applicants ’ complaints concerning the initial period of their detention had been lodged out of time.

8. The Court observes that the applicant ’ s complaint in application no. 1570/15, concerning the initial period of his detention which was terminated by his transfer on 31 March 2011 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than two years later, on 17 March 2015.

9. The Court further notes that the applicant ’ s complaint in application no. 14619/15 concerning the initial period of his detention which was terminated by his transfer on 29 May 2012 to penitentiary facilities in respect of which he did not raise any complaint, was submitted to the Court more than three years later, on 23 June 2015.

10. In both instances these parts of the applicants ’ complaints were thus raised more than six months after the respective detention period had ended. Accordingly, the Court accepts the Government ’ s objection and finds that these parts of the applications nos. 1570/15 and 14619/15 have been introduced out of time and must be rejected in accordance with Artic le 35 §§ 1 and 4 of the Convention.

11. 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).

12. 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.

13. Having examined all the material submitted to it, as well as the Government ’ s objection concerning the continuous situations of the applicants ’ conditions 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.

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

III. REMAINING COMPLAINTS

15. In applications nos. 13231/15 and 13821/15, the applicants also raised other complaints under Article 3 of the Convention relating to the conditions of their detention.

16. Having examined the applications, the Court considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

III . APPLICATION OF ARTICLE 41 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 sums 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,

1. Decides to join the applications;

2. Declares the complaints concerning the periods of inadequate conditions of detention as set out in the appended table admissible, and the remainder of the applications nos. 1570/15, 13231/15, 13821/15 and 14619/15 inadmissible;

3. Holds that these complaints 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 26 July 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 name

Date of birth

Representative 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]

1570/15

17/03/2015

Florin Șerban

26/04/1981

Târgu- Jiu and Coliba ş i Prisons

06/02/2014

pending

More than 4 years and 3 months and 25 days

1.04-3.8 m²

overcrowding (save for the periods of 24/02/2014-11/03/2014 and from 27/06/2014-18/07/2014 in Coliba ÅŸ i Prison), insufficient sanitary facilities, lack of furniture, lack of natural light and constant artificial light, lack of fresh air, poor quality of food, lack of or insufficient physical e xercise in fresh air

3,000

2516/15

20/04/2015

Constantin - Emil Barbu

10/12/1984

Sorina Simionescu

Iași

Ia ÅŸ i Police Arrest

09/05/2006 to 01/06/2006

24 days

Ia ÅŸ i Police Section

02/06/2006 to 06/06/2006

5 days

Ia ÅŸ i Prison

06/06/2006 to 02/07/2015

More than 9 years and 27 days

1.54 m²

2.11 m²

1.21 – 1.99 m²

overcrowding, lack of artificial lighting and adequate ventilation, lack of a toilet in the cell, insufficient access to showers

overcrowding, lack of artificial lighting and adequate ventilation, lack of a toilet in the cell, insufficient access to showers

overcrowding, inadequate toilets (insufficiently separated from the cell, lacking a shower, insalubrious, broken and infested with rats), insufficient access to warm water, lack of an adequate space to serve meals, to store goods and food, lack of adequate lighting, mould on walls, cells infested with bedbugs and sometimes with rats and lice, unhygienic conditions for serving meals, poor quality of food, lack of adequate furniture in the cell

5,000

13231/15

06/03/2015

David Leontin Popescu

16/09/1983

Timi ÅŸ Police Arrest

22/01/2014 to 26/03/2014

2 months and 5 days

Dolj Police Arrest

26/03/2014 to 27/03/2014

2 days

Timișoara Prison

27/03/2014 to 11/09/2014

5 months and 16 days

Craiova Prison

25/09/2014 to 15/01/2015

3 months and 22 days

3.41 m²

4.71 m²

2.38 m²

1.66- 1.71 m²

infestation of cell with insects/rodents, infestation of toilet with insects/rodents, insufficient sanitary facilities, lack or inadequate furniture

lack of privacy for toilet, no or restricted access to toilet

overcrowding, infestation of cell with insects/rodents, lack or inadequate furniture, no or restricted access to warm water, no or restricted access to potable water, poor quality of food

overcrowding, limited access to warm water, lack of adequate heating during winter, insufficient a ccess to walks outside the cell

1,000

13821/15

10/03/2015

Jean Andrei Siminel

02/09/1984

Timi ÅŸ oara Prison

27/03/2014 to 11/09/2014

5 months and 16 days

Craiova Prison

02/10/2014 to 08/12/2014

2 months and 7 days

Craiova Prison

05/01/2015 to 15/01/2015

11 days

Craiova Prison

01/02/2016

pending

More than 2 years and 4 months and 18 days

2.63 m²

1.61 m²

1.12 m²

1.52 m²

overcrowding, infestation of cell with insects/rodents, inadequate temperature, lack or inadequate furniture, lack or insufficient quantity of food, no or restricted access to warm water

overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, inadequate temperature, no or restricted access to warm water

overcrowding, inadequate toilet facilities, infested with rats, small courtyard for walking outside the cell, worn ‑ out bedroll, lack of adequate heating, lack of an adequate place to dry clothes

overcrowding, inadequate toilet facilities, infested with rats, small courtyard for walking outside the cell, worn-out bedroll, lack of adequate heating, lack of an adequate place to dry clothes

3,000

14235/15

29/04/2015

Radu Mircea Hîrnagea

21/03/1988

Ia ÅŸ i Prison

29/06/2007 to 21/07/2016

9 years and 23 days

1.28-1.34 m²

overcrowding, lack of fresh air, infestation of cell with insects/rodents, lack of or restricted access to leisure or educational activities, lack of or insufficient electric light, lack or insufficient quantity of food, no or restricted access to shower, no or restricted access to warm water

5,000

14619/15

23/06/2015

Adrian Lepădatu

01/07/1985

Gala ţ i Prison

19/10/2012

pending

More than 5 years and 5 months and 17 days

2.4 m²

overcrowding, lack or inadequate furniture, lack or inadequate hygienic facilities

5,000

23682/15

21/09/2015

Paul- Robert Albert

16/05/1981

Miercurea- Ciuc Prison

15/03/2013 to

10/03/2017

3 years and 11 months and 24 days

1.5 -2.7 m²

overcrowding, insufficient sanitary facilities, lack of natural light, lack of furniture

3,000

53679/15

20/10/2015

Anca Maria

Andrie È™ Ursu

24/05/1968

Valentin Calotă

Bra ÅŸ ov

Bra È™ ov Police Arrest

16/12/2014 to

17/03/2015

3 months and 2 days

30/03/2015 to 03/04/2015

5 days

Târgșor Prison

17/03/2015 – 30/03/2015

14 days

03/04/2015

pending

More than

3 years and 1 month and 30 days

4.23-4.28m 2

1.57-1.99 m²

lack of fresh air, inadequate sanitary facilities, infestation of the cell with insects, poor conditions of hygiene

overcrowding, insalubrious sanitary facilities, infestation of the cell with insects, poor conditions of hygiene, lack of fresh air, lack or insufficient natural light, poor quality of food, lack of a place to store goods

3,000

12979/16

19/04/2016

Ion-Daniel Bănulescu

16/05/1978

M ă rgineni Prison

29/01/2015 to 28/02/2017

2 years and 2 months

1.5-1.67 m²

overcrowding, bunk beds, lack of natural light and fresh air, insufficient sanitary facilities, lack of furniture, poor quality of food, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

38590/16

21/07/2016

Marian Tănase

30/07/1963

Irina Maria Peter

Bucharest

Bucharest Police Section no. 12, Rahova and Giurgiu Prisons

27/05/2014

pending

More than 3 years and 11 months and 1 day

1.96 – 5.44 m²

overcrowding (save for the periods from 06/07/2016-09/01/2017, 06/02/2017-09/02/2017 and 17/02/2017-26/06/2017 in Giurgiu Prison), lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, poor quality of food

3,000

59929/16

07/10/2016

Emanuel Hogea

22/09/1985

Ionela

Mărgărit

Bucharest

Focșani , Galați and Brăila Prisons

04/04/2016 to 15/12/2017

1 year and 8 months and 12 days

1-6.18 m²

overcrowding (save for the periods from 12/08/2016-02/09/2016, 16/09/2016- 30/09/2016, 28/10/2016-08/11/2016, 15/11/2016-08/12/2016 in Focșani Prison ), insufficient sanitary facilities, insects and rats, lack of potable running water, limited access to running water in Galați Prison, lack of furniture, lack of natural light and fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air

3,000

68839/16

14/12/2016

Aurelian Dicu

02/02/1969

Irina Maria Peter

Bucharest

Bucharest Police Section No. 15, Jilava , Rahova , Giurgiu Prisons

04/12/2001 to 18/10/2016

14 years and 10 months and 15 days

1-5.44 m²

overcrowding (save for the periods in Rahova Prison from 17/01/2007-25/04/2007, 28/05/2007-21/01/2009 and in Giurgiu Prison from 19/02/2012-06/07/2012, 20/08/2014-18/10/2016), lack or inadequate furniture, lack of privacy for toilet, poor quality of food, lack of or insufficient physical exercise in fresh air, lack of or inadequate hygienic facilities, lack of or insufficient natural light, inadequate temperature, infestation of cell with insects/rodents, mouldy or dirty cell, insufficient number of sleeping places, no or restricted access to warm water

5,000

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