Lexploria

FOURTH SECTION

CASE OF LAE AND OTHERS v. ROMANIA

( Application s no s . 7448/16 and 14 others -

see appended list )

JUDGMENT

STRASBOURG

14 June 2018

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

In the case of Lae and O thers 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 m Acting Deputy Section Registrar ,

Having deliberated in private on 24 May 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 application no. 28362/16, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicant ’ s complaint regarding his initial detention was lodged out of time.

8. The Court observes that the applicant ’ s complaint regarding his initial detention in Iaşi County Police Arrest and in Poarta Albă Prison respectively, ceased on 14 November 2011 by his transfer to other prison facilities in respect of which he did not raise any complaint. Indeed , by letter of 1 March 2018, the applicant informed the Court that from 18 February 2010 to 12 February 2015, he was detained in nine different prison facilities. The Court further notes that the application was lodged with the Court on 6 September 2016, that is, more than six months later.

9. Therefore, the Court accepts the Government ’ s objection and finds that this part of the application was lodged outside the six-month time-limit and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

10. 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).

11. 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.

12. Having examined all the material submitted to it, as well as the Government ’ s objection concerning the application of the six-month rule to the continuous situation of the applicants ’ conditions of detention in the applications nos. 14726/16, 14898/16, 38846/16, 43750/16, 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.

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

III . APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. 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.”

15. 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.

16. 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 inadequate conditions of detention, as set out in the appended table, admissible and the remainder of the application no. 28362/16 inadmissible;

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 14 June 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]

7448/16

21/07/2016

Gheorghe Lae

09/04/1974

M ă rgineni Prison

04/06/2015

pending

More than 2 years and 10 months and 24 days

1.47-1.57 m²

overcrowding, poor quality of food, insufficient out-of-cell time and space, infestation of cell with insects/rodents, no or restricted access to warm water

3,000

14726/16

24/06/2016

Ion Åžoma

09/06/1960

Cara ÅŸ -Severin County Police Arrest

21/11/2014 to

20/05/2015

6 months

Timi ÅŸ oara Prison

20/05/2015 to

01/10/2015

4 months and 12 days

Arad Prison

01/10/2015

pending

More than 2 years and 6 months and 26 days

4.83-5.26 m²

2.67 m²

4.35-5.80 m²

small courtyard, infestation of cell with insects/rodents, lack of fresh air, poor quality of food, poor quality of toiletries, lack of or poor quality of bedding and bed linen

overcrowding (save for the period of 28/07/2015-01/10/2015), infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, poor quality of food, poor quality of toiletries, lack of or poor quality of bedding and bed linen, small courtyard

infestation of cell with insects/rodents, no or restricted access to warm water, lack of fresh air, poor quality of food, poor quality of toiletries, lack of or poor quality of bedding and bed linen

3,000

14898/16

11/04/2016

Constantin Nicula

17/10/1968

Gherla Prison

23/04/2010

pending

More than 8 years and 6 days

1.61-2.91 m²

overcrowding (save for the period of 28/03/2013-03/12/2013), poor quality of food, passive smoking, no or restricted access to shower

5,000

16170/16

28/06/2016

Maricel-Relu Iancu

10/04/1984

Gala ţ i Prison

07/10/2013

pending

More than 4 years and 6 months and 20 days

1.6-1.84 m²

overcrowding, infestation of cell with insects/rodents, no or restricted access to warm water, lack of or insufficient natural light, lack of fresh air, lack or inadequate furniture, no or restricted access to running water

3,000

16200/16

08/06/2016

József Károly

12/03/1971

Bucharest Police Section no. 6, Jilava Prison Hospital , Jilava Prison, Gherla Prison

20/10/2003 to

07/12/2016

13 years and 1 month and 18 days

2.19 - 2.9 m²

overcrowding (save for the period of 07/11/2016-07/12/2016), poor quality of food, lack of or inadequate hygienic facilities, no or restricted access to running water in Bucharest Police Section no. 6 , lack or inadequate furniture, inadequate courtyards

5,000

28362/16

06/09/2016

Dan Riscu

11/11/1971

Poarta Alb ă Prison

12/02/2015

pending

More than 3 years and 2 months and 14 days

1.65-2.29 m²

overcrowding, lack of or inadequate hygienic facilities

3,000

33673/16

11/07/2016

Flavian-Florin Feraru

25/09/1988

Ia ş i Prison, Gala ţ i Prison, Vaslui Prison

27/07/2011

pending

More than 6 years and 9 months and 2 days

1.2 - 2.66 m²

overcrowding (save for the period of 11/10/2016-06/12/2016), lack of or insufficient natural light, lack of fresh air, lack of or inadequate hygienic facilities

5,000

38834/16

09/08/2016

Ilie Åžamu

24/05/1986

Irina Maria Peter

Bucharest

Alba County Police Arrest

21/01/2015 to

25/02/2015

1 month and 5 days

Aiud Prison

25/02/2015

pending

More than 3 years and 2 months and 1 day

4.48-4.75 m²

1.67-2.73 m²

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

overcrowding (save for the periods of 14/05/2015-22/06/2015, 16/07/2015-19/08/2015, 16/10/2015-18/01/2016, 21/01/2016-26/01/2016, 03/05/2016-04/05/2016), lack of or inadequate hygienic facilities, lack of privacy for toilet, lack of fresh air, lack of or insufficient natural light, poor quality of food, lack or inadequate furniture, infestation of cell with insects/rodents

3,000

38846/16

28/07/2016

Samir Curt

26/01/1989

Irina Maria Peter

Bucharest

Bucharest Central Arrest , Rahova Prison

04/09/2015

pending

More than 2 years and 7 months and 23 days

1.96-2.45 m²

overcrowding (save for the period of 17/11/2015-28/07/2016), lack of fresh air, poor quality of food, small courtyard, insufficient hygienic facilities, lack of privacy for toilet in Bucharest Central Arrest, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, inadequate temperature

3,000

40581/16

11/08/2016

Cezar Gheorghe

31/07/1961

Irina Maria Peter

Bucharest

Bucharest Central Arrest , Rahova Prison

08/05/2015

pending

More than 2 years and 11 months and 20 days

2.04-2.44 m²

overcrowding (save for the period of 24/11/2015-16/02/2016), poor quality of food, small courtyards, insufficient hygienic facilities, lack of privacy for toilet in Bucharest Central Arrest, lack or inadequate furniture, infestation of cell with insects/rodents, inadequate temperature

3,000

43750/16

29/08/2016

Sorin Marian

09/12/1976

Irina Maria Peter

Bucharest

Sibiu County Police Arrest, Rahova Prison, Aiud Prison

14/03/2011

pending

More than 7 years and 1 month and 15 days

1.44-2.80 m²

overcrowding (save for the periods of 14/03/2011-30/05/2011, 28/09/2011-23/02/2012, 04/07/2012-02/08/2012, 15/01/2015-30/01/2015, 10/02/2015-19/02/2015, 11/05/2015-12/05/2015, 24/06/2015-03/07/2015), lack of fresh air, poor quality of food, small courtyards, insufficient hygienic facilities, lack of privacy for toilet in Sibiu County Police Arrest, lack of or insufficient natural light, lack or inadequate furniture, infestation of cell with insects/rodents, inadequate temperature

5,000

44466/16

26/07/2016

Cezar Stănescu

02/09/1978

Ionela Mărgărit

Bucharest

Br ă ila Prison

07/11/2014

pending

More than 3 years and 5 months and 20 days

1.66-2.52 m²

overcrowding (save for the periods of 30/09/2015-05/10/2015 and 01/03/2016-23/03/2016), poor quality of food, small courtyard, insufficient hygienic facilities, infestation of cell with insects/rodents, no or restricted access to running water, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air

3,000

46293/16

23/08/2016

Costică Caraiman

12/08/1957

Bac ă u County Police Arrest, Bac ă u Prison, Ia ş i Prison, Vaslui Prison

15/05/2014

pending

More than 3 years and 11 months and 13 days

1.3-2.60 m²

overcrowding (save for the periods of 15/05/2014-30/07/2014, 18/08/2016-22/09/2016), infestation of cell with insects/rodents, mouldy or dirty cell

3,000

48282/16

08/09/2016

Petru Filimon

23/11/1989

Baia Mare Prison, Gherla Prison

29/06/2016

pending

More than 1 year and 9 months and 28 days

2.18 - 2.3 m²

overcrowding (save for the period of 29/06/2016-30/06/2016), poor quality of food

3 , 000

49508/16

11/08/2016

Georgel Bercu

30/09/1979

Ionela Mărgărit

Bucharest

Gala ţ i Prison,

Br ă ila Prison

Rahova Prison

11/12/2009

pending

More than 8 years and 4 months and 17 days

1.28-1.8 m²

2.04 m²

overcrowding, poor quality of food, small courtyards, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to running water, lack or inadequate furniture, lack of or insufficient natural light, lack of fresh air

overcrowding (save for the period of 07/04/2011-11/04/2011)

5,000

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

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CASE OF LAE AND OTHERS v. ROMANIA

CASE OF LAE AND OTHERS v. ROMANIA

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