FOURTH SECTION

CASE OF MARINAȘ AND OTHERS v. ROMANIA

( Application no s . 18270/14 and 18 others – s ee appended list )

JUDGMENT

STRASBOURG

3 May 2018

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

In the case of MarinaÈ™ 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 12 April 2018 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Romania lodg ed 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 . Some applicants also raised other complaints under the provisions of the Convention.

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 principally 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. 18270/14 the Government raised a preliminary objection of failure to comply with the six-month time-limit claiming that the part of the applicant ’ s complaint concerning transport conditions between prisons or between prisons and the domestic courts ’ premises had been lodged out of time. The Court observes that the transfers took place between 1999 and 2010, the complaint having been submitted to the Court more than four years later, on 3 July 2014. This part of the complaint was thus raised more than six months after the relevant events took place. Accordingly, the Courts accepts the Government ’ s objection in this respect and finds that this part of the application no. 18270/14 has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

8. 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, Muršić 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 Muršić , cited above, §§ 122 - 141, and Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, §§ 149 -159, 10 January 2012).

9. 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.

10. 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 applicants ’ conditions of detention were inadequate.

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

III. REMAINING COMPLAINTS

12. The applicants in applications nos. 72102/14, 31116/15, 34586/15 and 36027/15 also raised other complaints under Article 3 of the Convention.

13. The Court has examined the applications listed in the appended table and 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.

IV . 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 applications nos. 18270/14, 72102/14, 31116/15, 34586/15 and 36027/15 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 p ay 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 3 May 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]

18270/14

03/07/2014

Ion MarinaÈ™

18/08/1960

R â mnicu Valcea Police Detention Centre

08/10/1999 to 08/11/1999

1 month and 1 day

Penitentiaries of Coliba și , Jilava , Mă rgineni , Poarta Alb ă , Gherla , Craiova, and T â rgu Jiu

08/11/1999 to 03/02/2015

15 years and 2 months and 27 days

1.43-2.53 m²

lack of or insufficient natural light, lack of or inadequate hygienic facilities

overcrowding (save for the periods 23/02/2012 – 06/11/2012 and 29/ 01/2013 – 03/02/2015 while in Tâ rgu Jiu Penitentiary), no or restricted access to shower, no or restricted access to potable water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of or inadequate hygienic facilities, passive smoking in Jilava Penitentiary, lack of or poor quality of bedding and bed linen, poor quality of food, insufficient number of sleeping places (save for T â rgu Jiu Penitentiary)

5,000

52489/14

18/08/2014

Mircea Coruțiu

02/12/1986

Timișoara Penitentiary

13/05/2014 to 25/06/2015

1 year and 1 month and 13 days

1.33-2.63 m²

Overcrowding (save for the periods 26/05/2014 – 31/05/2014, 18/06/2014 – 22/09/2014, 11/10/2014 – 29/01/2015, 23/03/2015 – 11/05/2015 and 10/02/2015 – 20/02/2015), bunk beds, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of fresh air, lack of or insufficient natural light, lack of toiletries, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

72102/14

27/01/2015

Laurențiu -Eduard Nenciu

25/01/1966

Jilava Penitentiary

01/09/2014 to 09/01/2015

4 months and 9 days

1.86-2.48 m²

overcrowding (save for the period between 10/11/2014-16/12/2014)

1,000

73770/14

14/11/2014

Gil Neștian

15/11/1973

Constanța Police Inspectorate, Jilava Penitentiary Hospital, Penitentiaries of Poarta Albă , Jilava , Tulcea , and Slobozia

25/06/1998 to 03/03/2015

16 years and 8 months and 7 days

0.6-2.4 m²

overcrowding (save for the periods of 27/02/2014-10/03/2014 in Slobozia Penitentiary and 01/01/2010-05/07/2011 in Poarta Alb ă Penitentiary), insufficient number of sleeping places, lack of or inadequate hygienic facilities, infestation of cell with insects/rodents, no or restricted access to running water, lack of or insufficient electric light, inadequate temperature, mouldy or dirty cell, poor quality of food, lack of privacy for toilet

5,000

76745/14

06/04/2015

Ionel Mitran

07/04/1981

Poarta Alba Penitentiary

23/03/2015 – pending

More than 2 years and 11 months and 14 days

1.68-2 m²

overcrowding, poor quality of food, mouldy or dirty cell, infestation of cell with insects/rodents, lack of toiletries, inadequate temperature, no or restricted access to shower, lack of or inadequate hygienic facilities, lack or inadequate furniture, lack of or insufficient natural light

3,000

12853/15

22/08/2015

Florian Vlad

31/07/1962

Irina Maria Peter

Bucharest

Bucharest Police Inspectorate no. 12, Bucharest Police Inspectorate no. 4, Rahova Penitentiary, Coliba ș i Penitentiary, T â rgu Jiu Penitentiary, Jilava Penitentiary

27/11/2009 – pending

More than 8 years and 2 months and

14 days

1.01-2.15 m²

overcrowding (save for the periods 25/08/2011-08/12/2011, 19/12/2012-14/02/2013 in Coliba È™ i Penitentiary), poor quality of food, lack of privacy for toilet, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, bunk beds, lack of or inadequate hygienic facilities, poor quality of potable water

5,000

18870/15

30/03/2015

Gabriel Ciacâru

21/09/1954

M ă rgineni Penitentiary , Rahova Penitentiary , Jilava Penitentiary and G ăeș ti Penitentiary

13/04/2012 to 30/09/2014

2 years and 5 months and 18 days

1.83-2.63 m²

overcrowding (only in Rahova , save for the period 08/05/2012-18/05/2012, and in Jilava for the period 17/02/2014 -01/04/2014), inadequate temperature, infestation of cell with insects/rodents, 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, lack of toiletries, lack or inadequate furniture, bunk beds, poor quality of food, mouldy or dirty cell, poor quality of potable water in Jilava Penitentiary

3,000

31116/15

02/11/2015

Gheorghe Pitică

20/04/1983

Aiud Penitentiary

15/10/2010 to 01/11/2016

6 years and 18 days

1.25- 2.95 m²

overcrowding (save for the periods 05/01/2011 – 19/03/2011, 07/05/2011 – 21/02/2013, 08/03/2013 - 23/03/2015, 10/04/2015 – 02/06/2015, 18/06/2015 – 26/09/2015 and from 16/10/2015 onwards), infestation of cell with insects/rodents, lack of or insufficient natural light, mouldy or dirty cell

5,000

31993/15

19/08/2015

Ioan Alin Bugeag

15/05/1988

TimiÈ™ oara Penitentiary

26/03/2015 – pending

More than 2 years and 10 months and 21 day s

1.65-1.68 m²

overcrowding, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, lack of or poor quality of bedding and bed linen

3,000

32009/15

28/08/2015

Sebastian Popa

12/10/1990

Codlea Penitentiary

19/03/2015 – pending

More than 2 years and 10 months and 22 days

1.72-1.91 m²

Overcrowding, poor quality of food, lack of or inadequate hygienic facilities, lack of or insufficient physical exercise in fresh air, lack of or insufficient natural light, lack of fresh air

3,000

34586/15

24/08/2015

Gheorghe Lăcătuș

11/06/1965

Baia Mare Police Inspectorate and Gherla Penitentiary

15/05/2014 – pending

More than 3 years and 8 months and 26 days

1.92-2.72 m²

Overcrowding (save for the period 15/05/2014 – 12/06/2014 in Baia Mare Police Inspectorate), lack of fresh air, poor quality of food

3,000

36027/15

17/08/2015

Marian Ciotea

03/03/1982

Jilava Penitentiary Hospital

23/05/2014 to 21/12/2016

2 years and 6 months and 29 days

3.16-25.01 m²

inadequate temperature, lack of or inadequate hygienic facilities, lack of privacy for toilet, poor quality of potable water, lack or inadequate furniture, lack of toiletries, no or restricted access to shower, no or restricted access to running water

3,000

36032/15

10/08/2015

Costică Onicel

13/06/1977

Miercurea Ciuc Penitentiary

26/02/2015 to 29/12/2015

10 months and 4 days

1.48- 2.75 m²

Overcrowding, poor quality of food, bunk beds, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or poor quality of bedding and bed linen, lack of toiletries, infestation of cell with insects/rodents, lack of or insufficient electric light

1,000

36067/15

10/08/2015

Adrian- Dorin Stroe

20/10/1982

Miercurea Ciuc Penitentiary

06/03/2014 to 24/12/2015

1 year and 9 months and 19 days

1.48-2 m²

Overcrowding, poor quality of food, bunk beds, lack of fresh air, lack of or insufficient natural light, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, infestation of cell with insects/rodents, lack of toiletries

3,000

36127/15

19/08/2015

Vasile Călin

06/10/1956

Julieta

Toflea C ă lin

Foc È™ ani Penitentiary

07/03/2013 – pending

More than 5 years and 2 day s

1.27-1.77 m²

overcrowding, poor quality of food, lack of or inadequate hygienic facilities

5,000

39102/15

25/08/2015

Florin Ali

26/05/1978

Giurgiu Police Inspectorate

30/05/2006 to 21/06/2006

23 days

Giurgiu Penitentiary

21/06/2006 to 01/10/2006

3 months and 11 days

27/02/2007 to 01/10/2014

7 years and 7 months and 5 days

Jilava Penitentiary

01/10/2006 to 27/02/2007

4 months and 27 day s

01/10/2014 – pending

More than 3 years and 4 months and 9 days

3.64 m²

3.76 m²

1.65-2.71 m²

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

poor quality of food, infestation of cell with insects/rodents, inadequate temperature, no or restricted access to warm water

overcrowding, poor quality of food, inadequate temperature, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of or inadequate hygienic facilities, poor quality of potable water, bunk beds, infestation of cell with insects/rodents

5,000

39195/15

28/08/2015

IonuÈ› -Daniel Anton

28/08/1985

Rahova Penitentiary

28/05/2015 to 12/02/2016

8 months and 16 days

1.93-2.78 m²

overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, lack of or inadequate hygienic facilities, no or restricted access to potable water, lack or inadequate furniture

1,000

40083/15

31/08/2015

Gheorghe- Cătălin Cheroiu

08/04/1979

Coliba È™ i Penitentiary

14/10/2014 to 23/12/2015

1 year and 2 months and 10 days

1.67-2.69 m²

overcrowding (save for the period 22/05/2015-04/06/2015), lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or inadequate hygienic facilities

3,000

40247/15

07/08/2015

Dănuț Tudor

08/09/1972

Cătălina

Florescu

Buc harest

Giurgiu Penitentiary

24/10/2014 to 20/07/2015

8 months and 27 days

3.31-4.66 m²

poor quality of food, no or restricted access to potable water, infestation of cell with insects/rodents

1,000

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