Lexploria

FOURTH SECTION

CASE OF CORDUNEANU AND OTHERS v. ROMANIA

(Application no. 7065/14 and 14 others -

see appended list )

JUDGMENT

STRASBOURG

29 March 2018

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

In the case of Corduneanu 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 8 March 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:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

A. Admissibility

7 . In application no. 7065/14, the Government raised a preliminary objection of non-compliance with the six-month time-limit, claiming that the applicant ’ s complaint regarding his detention in Craiova Prison from 19 December 2012 to 4 July 2013 was lodged out of time.

8 . The Court observes that, on 4 July 2013, the applicant was transferred to Rahova Prison and Jilava Prison Hospital, where he remained until 19 December 2013, when he returned to Craiova Prison. The Court further observes that the applicant did not raise any complaints regarding the aforementioned prison facilities and that, as a result, the period spent therein interrupts the continuity of the applicant ’ s situation under Article 3 of the Convention.

9 . Noting that the applicant ’ s complaint regarding his detention in Craiova Prison from 19 December 2012 to 4 July 2013 was lodged with the Court on 28 August 2014, i.e. more than six months after the detention period ended, the Court accepts the Government ’ s objection and finds that this complaint was submitted too late. Consequently, it must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

10 . The Court finds that the applicant ’ s remaining complaints in the aforementioned application, as well as the rest of the applications listed in the appended table, are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It further notes that they are not inadmissible on any other grounds. They must therefore be declared admissible.

B. Merits

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 pilot 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, the Court has not found any fact or argument capable of persuading it to reach a different conclusion. 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 therefore disclose a breach of Article 3 of the Convention.

III . APPLICATION OF ARTICLE 41 OF THE CONVENTION

15 . 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.”

16 . 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.

17 . 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 application no. 7065/14 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 29 March 2018, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Vincent A. De Gaetano

Acting Deputy 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

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]

7065/14

28/08/2014

Mitică Corduneanu

06/02/1964

Craiova Prison

19/12/2013

pending

More than 4 year(s) and 30 day(s)

1.36-2.31 m²

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

3,000

8601/14

27/10/2014

Ioan Monița

22/02/1985

Bistrița-Năsăud County Police Arrest

19/10/2009 to

18/12/2009

2 month(s)

Gherla Prison

18/12/2009 to

13/05/2014

4 year(s) and 4 month(s) and 26 day(s)

Bistrița Prison

27/05/2014

pending

More than 3 year(s) and 7 month(s) and 20 day(s)

3.5-7.05 m²

1.66-2. 96 m²

1.22-2. 17 m²

mouldy or dirty cell, 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, poor quality of food

overcrowding, lack of or inadequate hygienic facilities, mouldy or dirty cell, poor quality of food

overcrowding, infestation of cell with insects/rodents, lack of or poor quality of bedding and bed linen, no or restricted access to warm water, lack of toiletries, lack of or inadequate hygienic facilities, no or restricted access to shower, no or insufficient disinfection of barbering and haircutting tools, lack of or insufficient physical exercise in fresh air, poor quality of food

5,000

21629/14

31/07/2014

Cristian - David Bogdan

22/06/1981

Târgu- Mureș Prison

30/11/2012 to

18/12/2012

19 day(s)

Bistrița Prison

18/12/2012 to

10/02/2015

2 year(s) and 1 month(s) and 24 day(s)

2.42 m²

1.2-2.17 m²

overcrowding

overcrowding, bunk beds, lack or inadequate furniture, infestation of cell with insects/rodents, lack of or insufficient physical exercise in fresh air

3,000

38935/14

14/07/2014

Laszlo Kanyo

14/05/1984

MaramureÈ™ County Police Arrest

18/06/2013 to

27/06/2013

10 day(s)

Gherla Prison

27/06/2013 to

01/04/2014

9 month(s) and 6 day(s)

Baia Mare Prison

01/04/2014 to

23/09/2014

5 month(s) and 23 day(s)

3.81 m²

1.6-1.65 m²

lack of fresh air, lack of or insufficient natural light, lack of or insufficient electric light, lack of or inadequate hygienic facilities, no or restricted access to shower

overcrowding, lack of or insufficient electric light, lack of or insufficient natural light, lack of fresh air, lack of or restricted access to leisure or educational activities

overcrowding

3,000

39376/14

11/06/2014

Irinel Sanda

18/07/1977

Craiova Prison

17/04/2012

pending

More than 5 year(s) and 9 month(s) and 1 day(s)

1.24-2.93 m²

overcrowding, bunk beds, lack of fresh air, lack of or insufficient electric light, lack of or insufficient natural light, infestation of cell with insects/rodents

5,000

39411/14

18/08/2014

George Nan

04/01/1967

Târgu- Jiu Prison

23/03/2011

pending

More than 6 year(s) and 9 month(s) and 25 day(s)

1.21-2.49 m²

overcrowding, bunk beds, insufficient number of sleeping places, lack or inadequate furniture, poor quality of food, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, lack of or insufficient natural light, constant electric light, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack of or insufficient physical exercise in fresh air, lack of or restricted access to leisure or educational activities

5,000

41085/14

21/08/2014

Mihai Petrică

08/11/1973

Represented by Petrică Ionel IVEȘTI

Gala È› i Prison

28/08/2013

pending

More than 4 year(s) and 4 month(s) and 16 day(s)

1.6-2 m²

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

3,000

43170/14

07/08/2014

Gheorghe Streche

17/04/1969

Galați Prison

25/04/2014 to

22/08/2014

3 month(s) and 29 day(s)

1.6-2 m²

overcrowding, lack of fresh air, lack of or inadequate hygienic facilities, no or restricted access to running water, no or restricted access to shower, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, infestation of cell with insects/rodents, poor quality of food

1,000

57505/14

05/09/2014

Gheorghe Mihail Dudă

20/07/1988

Craiova Prison

24/05/2013

pending

More than 4 year(s) and 7 month(s) and 20 day(s)

1.6-2.6 m²

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

3,000

58320/14

06/09/2014

Gheorghe Bisericaru

21/04/1969

Craiova Prison

25/01/2012 to

16/02/2016

4 year(s) and 23 day(s)

0.87-1.85 m²

overcrowding, infestation of cell with insects/rodents, mouldy or dirty cell, insufficient number of sleeping places, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to warm water, lack or inadequate furniture, lack of or insufficient natural light, lack of or insufficient electric light, lack of fresh air, lack of or poor quality of bedding and bed linen, lack of or insufficient physical exercise in fresh air, poor quality of food, accommodation with inmates under stricter regime, passive smoking

3,000

60235/14

14/10/2014

Augustin Lingurar

12/03/1982

Satu Mare Prison

22/08/2013

pending

More than 4 year(s) and 4 month(s) and 25 day(s)

1.30-1.45 m²

overcrowding, lack of or insufficient physical exercise in fresh air, lack or inadequate furniture, poor quality of food, lack of or inadequate hygienic facilities, bunk beds, lack of or poor quality of bedding and bed linen

3,000

64971/14

28/10/2014

László Bercsényi

06/06/1987

Cluj County Police Arrest

23/02/2012 to

26/04/2012

2 month(s) and 4 day(s)

Gherla Prison

26/04/2012 to

08/05/2015

3 year(s) and 13 day(s)

1.84 m²

2-2.90 m²

overcrowding, lack of or poor quality of bedding and bed linen, no or restricted access to potable water, lack of or inadequate hygienic facilities, no or restricted access to toilet, no or restricted access to shower, poor quality of food, lack of fresh air

overcrowding, bunk beds, lack of or inadequate hygienic facilities, no or restricted access to warm water, no or restricted access to shower, lack of toiletries, poor quality of food

3,000

65092/14

25/09/2014

Lucian Lingurar

29/11/1980

MaramureÈ™ County Police Arrest

12/04/2012 to

10/09/2012

4 month(s) and 30 day(s)

Gherla Prison

10/09/2012 to

02/09/2014

1 year(s) and 11 month(s) and 24 day(s)

Baia Mare Prison

02/09/2014

pending

More than 3 year(s) and 4 month(s) and 14 day(s)

3.81-6.81 m²

1.93-2.71 m²

1.42-2.24 m²

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

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

overcrowding, lack of fresh air, lack or inadequate furniture, lack of or inadequate hygienic facilities, no or restricted access to warm water, infestation of cell with insects/rodents, mouldy or dirty cell, lack of or poor quality of bedding and bed linen, poor quality of food, lack of toiletries

5,000

66307/14

30/09/2014

Robert Budi

05/07/1983

Miercurea- Ciuc Prison

03/04/2014 to

30/06/2016

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

1.41-1.86 m²

overcrowding, bunk beds, lack of or insufficient natural light, lack of fresh air, poor quality of food, lack of or insufficient physical exercise in fresh air, no or restricted access to shower, no or restricted access to warm water

3,000

72699/14

12/01/2015

Constantin Marșavela

24/02/1977

Miercurea- Ciuc Prison

24/02/2014

pending

More than 3 year(s) and 10 month(s) and 23 day(s)

1.52-1.96 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 warm water, lack of or insufficient physical exercise in fresh air, poor quality of food, lack or inadequate furniture

3,000

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

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CASE OF CORDUNEANU AND OTHERS v. ROMANIA

CASE OF CORDUNEANU AND OTHERS v. ROMANIA

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